BOARD00519

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

Regarding the Use and Accounting of Upper Basin Water Supplied to the Lower Basin in New Mexico by
the Proposed Navajo-Gallup Wa~r Supply Project

.

As Agreed Upon During the Apri129, 2003 Conference Call of Upper Colorado River Commissioners and Advisors .

RESOLUTION OF THE
UPPER COLORADO RIVER COMMISSION

WHEREAS, part of the State of New Mexico is within the Upper Basin and part is within the
Lower Basin as defined in Article II of the Colorado River Compact (45 Stat. 1057); and

WHEREAS, New Mexico has proposed the Navajo-Gallup Water Supply Project to divert water
from the Upper Basin to serve communities located within the Lower Basin in New Mexico; and

WHEREAS, New Mexico needs to provide a water $upply for municipal, industrial, commercial
and domestic purposes to Navajo and non-fudian communities located within the Lower Basin in New
Mexico that do not have an adequate Lower Basin source of Water; and

WHEREAS, Subsection 303(d) of Public Law 90-537, the Colorado River Basin Project Act,
authorized a thermal generating plant to be located within the State of Arizona and provided that if the
plant was served by water diverted from the drainage area of the Colorado River system above Lee Ferry
such consumptive use of water would be a part of the cQnsumptive use apportioned to the State of
Arizona by Article III (a) of the Upper Colorado River Basin'Compact (63 Stat. 31) regardless of whether
the plant was located in the Upper Basin or the Lower Basin; and

WHEREAS, the states of Colorado, New Mexico, Utah and Wyoming all support the proposed
Navajo-Gallup Water Supply Project, but the states are not in agreement as to whether, under the Law of
the River, New Mexico may use a part of its Upper Basin apportionment to serve uses in the Lower Basin .
portion of New Mexico, without obtaining the consent of the other states. However, in the spirit of
comity, and without prejudice to the position of any state regarding these unresolved issues, all the states
support and to the extent necessary consent to the Navajo-Gallup Water Supply Project in New Mexico.

NOW, THEREFORE, BE IT RESOLVED by the Upper Colorado River Commission that the
States of Colorado, New Mexico, Utah and Wyoming, support and to the extent necessary consent to the
diversion of water from the Upper Basin for use in the Lower Basin solely within New Mexico via the
proposed Navajo-Gallup Water Supply Project; provided, that any water so diverted by said project to the
Lower Basin portion of New Mexico, being a depletion of water at Lee Ferry, shall be a part of the
consumptive use apportionment made to the State of New Mexico by Article III (a) of the Upper
Colorado River Basin Compact; and '

BE IT FURTHER RESOLVED, that the use of anYireturn flows which result from use of water
through the Navajo-Gallup Water Supply Project within the Lower Basin shall be subject to applicable
laws; and .

BE IT FURTHER RESOLVED, that nothing resulting from the implementation of this
Resolution shall limit the right or ability of any Upper Basin State to develop the full apportionment made
to it under the Colorado River Compact and the Upper Colorado River Basin Compact; and,

BE IT FURTHER RESOLVED, that the constructiojJ. and operation of, and use of water through,
the Navajo-Gallup Water Supply Project shall be subject to all other applicable provisions oflaw; and,

BE IT FURTHER RESOLVED, that the Upper Colorado River Basin Commission supports such .
Congressional action as maybe necessary to allow the Navajo-Gallup Water Supply Project's approval.