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<br />. . <br /> <br />DRAFT <br /> <br />. <br /> <br />R ~ li Q k ~ T I Q N <br /> <br />WHEREAS. the San Diego County Water Authority. California <br />(Authority), has executed an option agreement with the Galloway <br />Group. Limited (Galloway). a Colorado corporation; and <br /> <br />WHEREAS. said option agreement gives the Authority the <br />right to enter into a water service agreement with Galloway; and <br /> <br />WHEREAS. said water service agreement would purport to <br />provide for Galloway to lease to the Authority a minimum of <br />300.000 acre-feet of water per year. which water would be <br />delivered by Galloway from sources in the Upper Colorado River <br />System by means of the natural channel of the Colorado River <br />and its tributaries; and <br /> <br />WHEREAS. the water which would purportedly be leased to the <br />Authority would be charged against the beneficial consumptive <br />use of the Colorado River System which is apportioned in <br />perpetuity to the Upper Basin by the ColoradO River Compact; and <br /> <br />WHEREAS. the delivery of water outside of the state must <br />conform to the requirements Of Colorado's export statute <br />(37-81-101. et ~.. CRS); and <br /> <br />. <br /> <br />WHEREAS. the use of water from the Colorado River System is <br />governed by and must be accomplished in accordance with the <br />Colorado River Compact. the Upper Colorado River Basin Compact. <br />the decree of the United States Supreme Court in Arizona ~ <br />California. and numerous other laws which are commonly referred <br />to as the "Law of the River;" and <br /> <br />WHEREAS. serious legal obstacles to the proposed lease <br />exist under the compacts. other elements of the "Law of the <br />River." and Colorado's export statute. <br /> <br />NOW. THEREFORE. BE IT RESOLVED by the Colorado Water <br />Conservation Board in regular session assembled on the 15th day <br />of November. 1984. in Denver. Colorado. that the Board opposes <br />the proposed lease of water from Galloway to the Authority. <br /> <br />BE IT FURTHER RESOLVED that the Board. pursuant to its <br />statutory authorities and duties. shall take. and urges the <br />Governor. the Attorney General. and the State Engineer to also <br />take. any and all steps necessary to prevent the proposed lease <br />and to otherwise protect the state's interests. <br /> <br />. <br /> <br />-20- <br />