BOARD01753

• Board Meeting Date: 1/22/2003
• Description: CF Section - Colorado River Basin - Update on Navajo-Gallup Project in New Mexico
• Board Meetings - Doc Type: Memo

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STATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Shennan Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.ll5

MEMORANDUM

Bill Owens
Governor

Greg E, Walcher
Executive Director

TO:

Colorado Water Conservation Board Members

Rod Kuharich
CWCB Director

FROM:

Randy Seaholm, Chief, Water Supply Protection ~

Dan McAuliffe
Deputy Director

DATE: January 13, 2003

SUBJECT: Agenda Item 12, January 22-23, 2003, Board Meeting-
Water Supply Protection - Colorado River Basin -
Update on Navajo-Gallup Project in New Mexico

The staff has been working with the Upper Colorado River Commission on the issue of
exporting and using Upper Colorado River Basin water in the Lower Colorado River Basin. The
Commission reached tentative agreement on a resolution they felt would allow the project to proceed
in accord with the Colorado River and Upper Colorado River Compacts. The proposed resolution
has now been shared with the Lower Basin States. Nevada has indicated that it will not sign such a
resolution but would be willing to give New Mexico a letter of support for the Project. California
has not considered the resolution given all the work associated with the QSA. Arizona would like to
see a seven state resolution. Furthermore, given Nevada's resistance to the resolution, Utah is having
second thoughts about signing,

Nevada's position is that Congress may unilaterally change the compact because it is a
federal law. This was the same position that they took several years ago when they sought to buy
water from a number of interests,

Utah has been worried all along about lawsuits from environmental groups when they seek to
build the Lake Powell pipeline, They are concerned that the very issue that we are addressing here
may be used to try and stop the construction of the project. By signing the proposed resolution they
may be giving credence to such an argument. They feel that the compact may ultimately have to be
amended to address this issue.

This item was discussed further following the Upper Colorado Commission meeting on
January 9th, with agreement only to meet in early February to continue that discussion. We have
attached the July 2002 Board memorandum for reference.

Recommendation: We have no recommendation at this time, We would like to discuss this item
. with the Board and seek additional guidance on this matter.

Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning