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Domenici on June 20, the proposed legislation would: (1) prevent enforcement of the 10th Circuit Court panel decision by decreeing that habitat requirements for the silvery minnow have been met based upon the March 2003 Biological Opinion issued by the U.S. Fish and Wildlife Service; (2) legislate that the San Juan-Charna project and the Middle Rio Grande project water contracts supersede the ESA; (3) limit Reclamation's use of funds to implement changes to Rio Grande water contracts; (4) prohibit the use of inter-basin water transfers (San Juan-Charna water) to meet ESA requirements; and, (5) allow for the federal purchase of privately held water if there is a willing seller. Legislation accomplishing the latter three objectives was enacted as part of Energy and Water Appropriations Act of2004 on December 1, 2003. We would note that deliveries of water from the San Juan-Chama Project for the Silvery Minnow would have come at the expense of two other endangered fish in the San Juan River Basin, the Colorado Pikeminnow and the Razorback Sucker. Thus, the 10th Circuit Ruling not only adyersely affects water users in the Rio Grande Basin, but also adversely impacts water users in the San Juan River Basin of Colorado and New Mexico. The State of Colorado joined an Idaho amicus urging rehearing en banc on the 10th Circuit decision. On January 5, 2004 the 10'h Circuit vacated its opinion and dismissed the appeal as moot stating that the legislation enacted and the improvement in climatic conditions made the preliminary injunction unenforceable. However, the case remains active in District Court and there could be further appeals once the District Court case is concluded. In addition, the Energy and Water Development Appropriations Act signed by President Bush on Dec. 1 (HR 2754), contained a provision that prohibits any federal funds from being used to reduce or reallocate water for the purpose of Endangered Species Act (ESA) compliance, unless it is done on a willing seller or lessor basis, and in compliance with New Mexico laws. The provision also provides over $34 million for the Middle Rio Grande Project. The measure, crafted by New Mexico Senators Pete Domenici and Jeff Bingaman, statutorily determines that silvery minnow habitat recovery requirements under the ESA have been, and continue to be met through implementation ofthe reasonable and prudent alternatives outlined in a March 2003 Biological Opinion. The provision also establishes a seven-member executive committee and provides additional funding for the Middle Rio Grande Collaborative Program Workgroup. New Mexico's Approves State Water Plan: New Mexico's first comprehensive state water plan was approved by its Interstate Stream Commission at a meeting on Dec. 17, in Santa Fe. "This state water plan is the culmination of six months of hard work by the staff of the Interstate Stream Commission and the Office ofthe State Engineer," said State Engineer John D'Antonio. "This plan will provide a policy framework for the Office of the State Engineer and the Interstate Stream Commission to manage water issues and prioritize funding needs around the state in coming years." . Governor Richardson had mandated that a comprehensiye state water plan be in place by the end of December 2003. Information was gathered from public meetings in 29 communities throughout the state, from July through September. Comments received from those meetings were posted on the agency's web site along with the consensus report produced at the New l\fexico First Town Hall Meeti~ in SeJltember._______________ _________ Additional comments from the public on the draft document issued in October, along with input from the Interstate Stream Commission's ad hoc committee ofregional water planners, helped to improve the final document. "This plan is a first look at the water issues affecting the future of our state," said Chairman of the Interstate Stream Commission Jim Dunlap. "1 would ask all of our citizens to keep in mind 22 . .