BOARD01272

• Board Meeting Date: 7/23/2002
• Description: WSP Section - Colorado River Basin Issues - Update on Navajo- Gallup Project in New Mexico
• Board Meetings - Doc Type: Memo

Agenda Item 15
July 23-24, 2002 Board Meeting
Page 8 of 10

RESOLUTION OF TIIE
GOVERNORS' REPRESENTATIVES OF THE STAlES OF ARIZONA, CALIFORNIA, COLORADO, NEVADA,
NEW MEXICO, UTAH AND WYOMING

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

WHEREAS, part of the State of New Mexico is within the Upper Basin and part is within the Lower Basin as
defined in Article IT 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 supply for municipal, indnstrial, commercial and domestic
purposes to Navajo and non-Indian communities located within the Lower Basin in New Mexico that do not have an
adequate Lower Basin source of water; and

WHEREAS, with the unanimous consent of the seven Colorado River Basin States, 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 ~ould be a part of the consmnptive use apportioned to the State
of Arizona by Article ill (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, existing law requ;res the consent of each of the States of Arizona, California, Colorado, Nevada,
New Mexico, Utah and Wyoming (collectively, the seven Colorado River Basin States), and the consent of Congress, to
permit the diversion of water from the Upper Basin for use in the Lower Basin; and

e

WHEREAS, the Navajo-Gallnp Water Supply Project may be implemented without injury to any of the seven
Colorado River Basin States under current and projected river conditions if proper accounting procedures are followed.

NOW, TIIEREFORE, BE IT RESOLVED by the Governors' Representatives of the States of Arizona,
California, Colorado, Nevada, New Mexico, Utah and Wyoming, that the seven Colorado River Basin States consent to
the diversion of a portion of New Mexico's allocation of Upper Basin water 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 ill( a) of the Upper Colorado River Basin Compact; and

BE IT FURTIIER RESOLVED, that the use of any return flows which resnlt from use of water through the
Navajo-Gallup Water Supply Project within the Lower Basin shall be subject to applicable laws; and

BE IT FURTIIER 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 as preserved by 43 U.S.C. section 1553(a); and

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

BE IT FURTIIER RESOLVED, that this Resolution shall be void and of no force or effect for any purpose
whatsoever unless and until Congress expressly recognizes the principles and terms of this Resolution.

The Representatives of the respective Governors of the seven Colorado River Basin States endorse this Resolution by .-
their signatures below. .