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<br />'\ 0, t-1 8-02 18 ,03 <br />~ ':' ., <br /> <br />e) <br /> <br /> <br />e) <br /> <br /> <br />ei <br /> <br />From-A. WATER NATURAL RESOURCES DIVISION <br />~ <br /> <br /> <br />307777354Z <br /> <br />T-m P,04/0S <br /> <br />H4Z <br /> <br />-=::3 <br /> <br />RESOLUTION OF THE <br />GOVERNORS' REPRESENTATIVES OF TIm STATES OF ARIZONA, CALIFORNIA, <br />COLORADO; NEVADA, NEW MEXICO, UTAH AND WYOMING <br /> <br />Regarding the Use and Accounring of Upper Basin. Water Supplied to the Lower Basin in New <br />Mexico by the Proposed Navl!io-GallupWater Supply Project <br /> <br />WHEREAS, pan of the Srare of New Mexico is within the Upper BaSin and part is within <br />the Lower Basin as defined in Article II of the Colorado River Complier (45 Star. 1057); and <br /> <br />WHEREAS, New Mexico has proposed the Navajo-Gallup Water Supply Projecr to <br />divert water from the Upper Basin to serve communities located withiil the Lower Basin in New <br />Mexico; and <br /> <br />WHEREAS. New Mexico, needs ro provide a water supply for municipal, industrial, <br />cOll1l1lercial and domeStic Pl1IJloscs to Navajo and non-indian communitics locatcd within the <br />Lower Basin in New Mexico that do not have an adequate Lower Basin source of water; and <br /> <br />WHEREAS, subsection 303(d) ofPub~c Law 90-537 (82 Stat. 890), the Colorado River <br />Basin Project Act, authooud a rhennaJ generating plant to be located within the State of <br />Arizona and provided that if the plant was served by water diverted from the drainage lU'ea oithe <br />Colorac:lo River system above Lee Feny, such conswnptive use of water would be a pan ufthe: <br />conswnptive use apportioned to the Srate of Arizona by Article 1II(a) of the Upper Colorado <br />River Basin Compact (63 Stat. 31) regardless of whether the plant wlis located in the Upper <br />Basin or the Lower Basin; and <br /> <br />WHEREAS. each of the states of Arizona, Califomill, Colorado, Nevada, New Mexico, <br />Utah and Wyoming (collectively, the seven Colorado River Basin States) consents to the <br />diversion of water from the Upper Basin for use in the Lower Basin for use within New Mexico <br />on the Navajo-Gallup project, notwithstanding any unresolved issues regarding the Law of the <br />River, said consent!i dependent on Congressional concurrence for said project; and <br /> <br />NOW, THEREfORE, BE IT RESOLVED by the Governors' Representatives of the <br />States of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, that the <br />,seven Colorado River Basin Srates consent to the diversion of a portion of New Mexico's <br />allocllnon of Upper Basin water for use in the Lower Basin solely within New Mexico via the <br />ptoposed Navajo-Galll1P Water Supply Pro jeer; provided, that any water so diverrec.t by said <br />project to the Lower Basin porrion of New Mexico, being a depletion of water at Lee Ferry, shall <br />be: a parr of the conswnptive use: apportionment made to the State of New Mexico by Article <br />l1I(a) oithe Upper Colorado River Basin Compact; and <br /> <br />BE IT FURTHER RESOLVED, that the use of any return flows which result from use of <br />water through the Navajo-Gallup Water Supply Project within the Lower Basin shall be subject <br />to applicable laws; and <br /> <br />I <br />