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<br />G02622 <br /> <br />. <br /> <br />. <br /> <br />fundamental issue lurns on the interpretation of Articlc III( c) of the 1922 Colorado River <br />Compact. <br /> <br />Article III(c) of the Compact addresses how the potential obligation to Mexico is <br />met if there is a deficiency of water supply under the Compact's water allocation. The <br />Compact states that if there is a deficiency of supply, the allocation to Mexico is borne <br />equally by both Upper and Lower Basins. However, the Upper Basin States maintain that <br />it is their".. .consistent position that because no such deficiency has been shown to exist, <br />the Upper Basin has no obligation in this regard." <br /> <br />The Upper Basin States are suggesting that a fonnal process must be initiated <br />among the Seven Basin States to address these fundamental questions and issues. <br />Additionally, the Upper Basin States believe that this is a state-to-state matter, and that all <br />efforts should be made to avoid placing these questions in the federal courts, or being <br />determined outright by the federal government's executive branch. Therefore the Upper <br />Basin Stales are proposing a series of meetings to decide upon an appropriate process to <br />address these issues. <br /> <br />Finally, the Upper Basin States also sent a letter to Secretary of the Interior, Galc <br />Norton, informing the Department of these issues and the proposed process to develop a <br />resolution. The Upper Basin States letter states that the Secrelary's Office will be kept <br />apprised of progress in the negotiations, and that the federal government will likely be <br />brought into the discussions at some future point in time. <br /> <br />Colorado River Environmenlal Activities <br /> <br />Status of the Lower Colorado River MII/ti-Species Conservation Program (LCR MSCP) <br /> <br />First, the Administrative Final Draft of the LCR MSCP Habitat Conservation Plan <br />(HCP), Biological Assessment (BA), and Environmental Impact Statement and <br />Environmental Impact Report (EISIEIR) have been completed and distributed. After a <br />quick review, these documents will be finalized and submitted to the U.S. Fish and <br />Wildlife Service (USFWS) to initiate its internal review leading to the issuance of the <br />Biological Opinion and incidental take authorization permits for the non-federal <br />participants. These documents include copies of all of the comments received on the <br />review drafts of the documents, as well as responses to the comments and any appropriate <br />changes to Ihe final documents. The process is still on track to meet the deadline for <br />completion of the Program in late-2004, leading to the execution of the Record of <br />Decision by the Secretary of the Interior in early-200S. <br /> <br />Second, the federal and non-federal participants have been working diligently on <br />the development of the LCR MSCP Implementing Agreement (IA). The IA describes the <br />terms of the contract among all of the parties participating in the implementation of the <br />long-term LCR MSCP. The IA integrates the terms and conditions of the HCP and the <br />BA; addresses the terms under which future Section 7 consultations will occur; addresses <br />the species covered by the LCR MSCP; describes the proposed adaptive management <br /> <br />6 <br />