ALBUQUERQUE BERNALILLO COUNTY
WATER UTILITY AUTHORITY
BILL NO. F/S R-22-9
RESOLUTION
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Authorizing Negotiation and Execution of an Agreement between the U.S. Department of the Interior, Bureau of Reclamation, the Middle Rio Grande Conservancy District, and the Albuquerque Bernalillo County Water Utility Authority to Facilitate Retention of Native Rio Grande water for the six Middle Rio Grande Pueblos in Abiquiu Reservoir
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WHEREAS, Congress authorized the Secretary of the Army in the Act of December 29, 1981 (P.L. 97-140, 95 Stat. 1717) to store up to 200,000 AF of San Juan-Chama Project (SJCP) water in Abiquiu Reservoir; and
WHEREAS, the Albuquerque Bernalillo County Water Utility Authority (Water Authority) has the right under a contract with the Army Corps of Engineers (USACE) to store up to 170,900 acre-feet of SJCP water and has acquired fee simple land and easements from private landholders surrounding Abiquiu Reservoir to facilitate water storage up to sea level elevation 6220’ and
WHEREAS, Congress authorized the Secretary of the Army in the Act of October 24, 1988 (P.L. 100-522, 102 Stat. 2604) to store 200,000 AF of Rio Grande system water in lieu of SJCP water authorized under Section 5 of P.L. 97-140; and
WHEREAS, Congress authorized the Secretary of the Army in the Act of December 27, 2020 (P.L. 116-260, Sec 337), which amended P.L. 97-140 and P.L. 100-522, to concurrently store native Rio Grande system water and SJCP water in Abiquiu Reservoir up to elevation 6230.00 NGVD29; and
WHEREAS, El Vado Reservoir is utilized by the Bureau of Reclamation (Reclamation) and the Middle Rio Grande Conservancy District (MRGCD) to retain native Rio Grande water for, among others, the Federally recognized native Rio Grande Prior and Paramount (P&P) requirements of the six Middle Rio Grande (MRG) Pueblos; and
WHEREAS, Reclamation commenced Safety of Dams (SOD) Corrective Action construction on El Vado Dam which will prevent the usual annual retention of P&P irrigation water for the six MRG Pueblos in El Vado Reservoir; and
WHEREAS, Native Rio Grande P&P water that would normally be retained in El Vado Reservoir requires temporary retention downstream in Abiquiu Reservoir until the completion of SOD related construction at El Vado Dam; and
WHEREAS, The U.S. Army Corps of Engineers (USACE) has received advice and consent from the Rio Grande Compact Commissioners to deviate from the current Water Control Plan for Abiquiu Dam and Reservoir and allow retention of native Rio Grande P&P water in Abiquiu Reservoir; and
WHEREAS, Reclamation and MRGCD desire to facilitate temporary retention of up to 20,000 AF of native Rio Grande system water in Abiquiu Reservoir for Prior and Paramount irrigation for the six MRG Pueblos during construction at El Vado; and
WHEREAS, consistent with the Act of December 27, 2020 (P.L. 116-260, Sec 337), the Water Authority has requested that USACE amend Contract No. DACW47-86-C-0009 dated March 20, 1986, to allow for the concurrent storage of native Rio Grande system water and SJCP water but amendment to that contract has not completed the USACE approval process; and
WHEREAS, the Water Authority is willing to assist Reclamation and MRGCD to retain P&P water in Abiquiu Reservoir for use by the six MRG Pueblos by allowing the utilization of the Water Authority’s fee simple land and easements for Reclamation and MRGCD to temporarily retain native Rio Grande P&P water; and
WHEREAS, without use of the Water Authority’s fee simple land and easements, Reclamation and MRGCD cannot retain native Rio Grande P&P water in Abiquiu Reservoir for use by the six MRG Pueblos; and
WHEREAS, this agreement supports future native Rio Grande system water storage for the Water Authority and promotes regional cooperation consistent with the Water Authority policies adopted in Water 2120.
BE IT RESOLVED BY THE WATER AUTHORITY THAT: The Executive Director requests the ability to confer with Reclamation, MRGCD and USACE to enter into an Agreement that facilitates native water retention of up to 20,000 AF of P&P water through the use of Abiquiu Reservoir fee simple land and easements owned by the Water Authority; and
HEREBY AUTHORIZES the Executive Director to act on behalf of the Water Authority to sign an agreement with Reclamation and MRGCD which supports the request for the retention of P&P water in Abiquiu Reservoir on the Water Authority’s fee simple land and easements while fully protecting the Water Authority’s storage rights in Abiquiu Reservoir.