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<br /> <br />.' <br /> <br />Agenda Item 26 - Gallup-Navajo Project <br />May 19-20, 2003 Board Meeting <br />Page 7 of 10 <br /> <br />. <br /> <br />shall have been provided on the main Colorado River within or for the benefit of the <br />Lower Basin, then claims of such rights, if any, by appropriators or users of waters in <br />the Lower Basin, against appropriators or users of water in the Upper Basin shall <br />attach to and be satisfied from water that may be stored not in conflict with ArticleIIL <br /> <br />All other rif!hts to beneficial use of waters of the Colorado River Svstem shall be <br />satisfied solelv from the water apportioned to that Basin in which thev are situate. " <br /> <br />Under the Navajo-Gallup Project, some Upper Colorado River Basin water would be <br />consumptively used in the Lower Colorado River Basin, contrary to the above interpretation. <br /> <br />Proponents of the Project are justifying the project by reference to several other Compact <br />articles. First, they argue that the definitions in Article II (1) and (g) of the terms "Upper" and <br />"Lower Basins" allow transbasin diversions within states, Article II (1) is quoted above and <br />Article II (g) states: <br /> <br />"(g) The term 'Lower Basin' means those parts of the States of Arizona, California, Nevada, New <br />Mexico and Utah within and from which waters naturally drain into the Colorado River System <br />below Lee Ferry, and also alllJarts of said States located without the drainage area of the <br />Colorado River Svstem which are now or shall hereafter be beneficiallv served bv waters <br />diverted from the svstem below Lee Ferrv. " <br /> <br />. Thus, Project proponents argue that New Mexico's Upper Basin apportionment may be used <br />within that portion of the state that is in the geographic Upper Basin, and also anywhere else in <br />the state, A careful reading of these definitions, however, shows that the authorization for <br />transbasin diversions is limited to "parts of said States located without the drainage area of the <br />Colorado River Svstem," The Colorado River System includes both the Upper and Lower Basin <br />(see Article II (a)). <br /> <br />Navajo-Gallup Project proponents also rely on Article N(c) of the Compact, which states: <br /> <br />"The provisions of this article shall not apply to or interfere with the regulation and <br />control by any state within its boundaries of the appropriation, use and distribution of <br />water. " <br /> <br />The Project proponents argue that if a state's water law permits a within state Upper to Lower <br />Basin diversion, Article N(c) means other states must recognize that permission. However, <br />Article N(c) is expressly limited to Article N and doesn't override other specific provisions of <br />the Compact. <br /> <br />. <br /> <br />Therefore, staffis presently of the opinion that the plain language of the defmitions of Upper and <br />Lower Basins in the Compact, coupled with long-standing interpretations of the Compact <br />requiring "exclusive beneficial consumptive use" of each Basin's apportionment within that <br />Basin, appear to prohibit the use of an Upper Basin State's Upper Basin apportionment within <br />the Lower Basin portion of that State. <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />