WSP07353

• File Number: 8210.140.20.E
• Description: Galloway Project
• State: CA
• Basin: Colorado Mainstem
• Date: 9/11/1984
• Author: MWDSC
• Title: Analyisis of Operation Agreement Between Galloway Group, Ltd., and San Diego County Water Authority
• Water Supply Pro - Doc Type: Report/Study

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1. A letter of August 29, 1984, from the attorney for
Galloway recites that Galloway was ". . . incorporated to
commence the financing and construction of reservoir storage
projects in the Yampa River storing more than 1,300,00 acre-feet
of water."

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2. The attorney's letter of August 29, 1984, and the
Authority's press release refer to providing between 50,000 and
100,00 acre-feet per year additional water from each of the
States of Utah and Wyoming. The only reference to sources in
the Agreement, however, is to rights in Colorado. Consequently,
we have not analyzed Utah or Wyoming law in reference to any
water rights.

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3. This restrL:tion on the use of water to San Diego
County raises a question as to practical assignability.
Paragraph 17 of the Agreement prohibits assignment of the
Agreement by the Authority to any person or entity except that
all or a portion may be assigned to The Metropolitan Water
District of SDuthern California or one or more of its separate
agencies. If so assigned to Metropolitan or one of its "
agencies, could the water only be used in San Diego County?

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4. Since the Yampa and White Rivers are tributary tQ a
navigable river, the Colorado, approval of the United States for
construction of dams and diversion structures may also need to
be obtained under Sections 9 and 10 if the 1899 Rivers and
Harbors Act. This would also require compliance with both
federal and state environmental requirements. In addition,
since the proposed project involves the generatiDn of
hydroelectric power, it would be necessary to obtain a license
from the Federal Energy Regulations Commission under Federal
Power Act.

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26.

5.
Arizona
1944.

The Compact was approved by all states other than
in the 1920's. The Arizona Legislature approved it in

6. If requested, Nevada is entitled to 4 percent and
Arizona's share is changed to 46 percent of any surplus Colorado
River water.