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<br />.~ <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />, <br /> <br />STATE OF COLORADO <br /> <br />- <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 Centennial Building <br />, 31 3 Sherman Street <br />Denver, Colorado 80203 <br />Phone: {3031 866-3441 <br />fAX: {3031 866-4474 <br /> <br />MEMORANDUM <br /> <br />TO: <br />FROM: <br /> <br />Colorado Water Conservation -Soard Members <br />Randy Seaholm <br />Interstate Streams and Hydrologic Investigations Section <br />January 14, 1999 <br />Agenda Item 18.g., January 27-28,1999 Board Meeting - <br />Colorado River Basin Issues - Sonny Bono Memorial <br />Salton Sea Bill <br /> <br />DATE: <br />SUBJECT: <br /> <br />Introduction <br /> <br />At the March 1998 meeting, the Board requested that staff monitor a <br />piece of proposed federal legislation (H.R. 3267 and S. 1716) dealing with <br />restoration of the Salton Sea in California. The concern was that such <br />proposed legislation could impact, "the law of the Colorado River" and <br />Colorado's compact apportionment. <br /> <br />Overview and Protections in H.R. 3267: New Public Law 105-372 <br /> <br />Attached is a copy H.R. 3267 which subsequently became Public Law 105 <br />- 372 on November 12, 1998. We are pleased to report that the "Salton <br />Sea Feasibility Study Authorization" portion of the bill contains language <br />in two locations that we feel adequately provides the type of protections to <br />the law of the Colorado River that we were seeking. <br /> <br />First, in Section 101 (b)(2)(C) the feasibility study options to be considered <br />shall not include any option that relies on the importation of any new or <br />additional water from the Colorado River or is inconsistent with provisions <br />in sub-section (c). Section 101(c)(2) preserves the rights and obligations <br />with respect to the Colorado River by stating, "This act shall not be <br />considered to supersede or otherwise affect any treaty, law, decree, <br />contract, or agreement governing use of water from the Colorado River. <br />All activities taken under this Act must be carried out in a manner <br />consistent with rights and obligations of persons under those treaties, <br />laws, decrees, contracts and agreements." <br /> <br />Bill Owens <br />Governor <br /> <br />Greg E. Walcher <br />Executive Director, DNR <br /> <br />Peter H. Evans <br />Acting Director, ewes <br />