BOARD01504

• Board Meeting Date: 11/19/2001
• Description: WSP Section - Colorado River Basin Issues - Discussion on Proposed Policy Regarding the Navajo-Gallup Project in New Mexico
• Board Meetings - Doc Type: Memo

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WHEREAS, to date, the San Juan Recovery Implementation Program has been able to e
serve as the Reasonable and Prudent Alternati~e for all projects needing Section 7
consultation pursuant to the Endangered Species Act (ESA); and

WHEREAS, model studies presently indicate very little water available both for new
development in the San Juan River Basin and for meeting the ESA flow recommendations
of the U. S. Fish and Wildlife Service.

NOW THEREFORE, the Colorado Water Conservation Board (CWCB) finds as follows:
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. A clear need exists for additional domestic, industrial and irrigation water supplies
on lands that would be served by the NGWSP.

. To the extent that those supplies are provided from waters of the Colorado River
system, the development must follow the "Law of the River", including the requirement
that the exclusive beneficial consumptive use of w~ter apportioned to the Upper and Lower
Basins occur within the Upper and Lower Basins, respectively, as discussed in the memo to
CWCB members dated November 7,2001.

. The CWCB encourages the Upper Colorado River Commission to fully consider
and develop a policy resolution regarding the issues raised by the NGWSP, in accordance
with its mandate "... to promote interstate comity;; to remove causes of present and future
controversies...", as stated in Article I of the Upper Colorado River Basin Compact, and
under its powers stated in Article vrn of that comp~ct.
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. The CWCB encourages completion of an: "NGWSP Depletion Limit Guarantee"
satisfactory to all the Colorado River Basin states to help assure that depletions from the
NGWSP occur within a state's compact apportionment.

. New Mexico, Utah and Arizona need to ~ring closure to a water rights settlement
with the Navajo Nation. The CWCB opposes i any legislation in the U. S. Congress
allowing the NGWSP or similar project to proceed absent a Navajo Nation water rights
settlement with New Mexico, Arizona and Utah t~at maintains the integrity of the interstate
compacts affecting the Colorado River and the res~ of the "Law of the River".

. A copy of this policy statement is to be provided to the Upper Colorado River
Commission and to all Upper Basin states.

Done this

day of November 2001.

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