BOARD00519

• Board Meeting Date: 5/19/2003
• Description: WSP Section - Navajo Gallup Resolution
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

TO:

Colorado Water Conservation Board Members

GregE. Walcher
Executive Director

FROM:

Randy Seaholm, Chief, Water Supply Protection p;J(
May 9, 2003

Dan McAuliffe
Deputy Director

Rod Kuharich
CWCB Director

DATE:

SUBJECT: Agenda Item 26, May 19-20, 2003, Board Meeting-
Water Supply Protection - Colorado River Basin-
Resolution Concerning the NavaJo-Gallup ProJect in New Mexico

The staff has been working with the Upper Colorado River Commission on the issue of
exporting and using Upper Colorado River Basin water in the Lower Colorado River Basin. The
Commission has reached tentative agreement on a resolution they believe will allow the project
to proceed in accord with the Colorado River and Upper Colorado River Compacts. This version
of the proposed resolution has not yet been shared with the Lower Basin States.

Nevada's position, with respect to earlier versions of the resolution, is that Congress may
unilaterally change the compact because it is a federal law. This was the same position that they
took several years ago when they sought to buy water from various interests. Additionally, Utah
has been worried all along about lawsuits from environmental groups when they seek to build the
Lake Powell pipeline. They are concerned that the very issue that we are addressing here may be
used to try and stop the construction of that project. By signing the proposed resolution they
may be giving credence to such an argument

The Upper Colorado River Commission hopes that the April 29, 2003 version, attached
hereto for Board consideration, can be formally adopted at its June 17,2003 meeting in Pinedale,
Wyoming. There has been no new information identified concerning this matter since we
prepared our July 2002 Board memorandum, which is attached hereto for your reference, only
various attempts at getting at least Upper Basin consensus on the issue.

Recommendation: We believe that the attached resolution is as close as the Upper Basin States
will come to consensus on this matter and would recommend that the Board support adoption of
the attached resolution by the Upper Colorado River Commission.

Attachments: