RESOLUTION
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Authorizing the Executive Director to Enter Into an Agreement With The U.S. Bureau of Reclamation and Middle Rio Grande Conservancy District to Sub Allot Storage Space in Abiquiu Reservoir
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WHEREAS, Congress passed the Act of March 13, 1928 (45 Stat. 312) (1928 Act), recognized prior and paramount (P&P) rights of Pueblo lands and funded construction and betterment of works for the benefit of Pueblo lands; and
WHEREAS, on August 20, 1930, the New Mexico State Engineer approved a storage permit (Permit 1690) of 198,110 acre-feet (AF) for El Vado Dam to Middle Rio Grande Conservancy District (MRGCD) for flood control and storage purposes and to be used to supplement the natural flow of the Rio Grande during the irrigation season (MRGCD Usable Water); and
WHEREAS, Congress authorized the Secretary of the Army to enter into agreements with entities for storage of 200,000 acre-feet of San Juan-Chama water in Abiquiu Reservoir in Public Law 97-140; and
WHEREAS, P.L. 97-140 specified that the storage of San Juan-Chama water in Abiquiu Reservoir shall not interfere with the authorized purposes of the project and shall include a requirement that each user of storage space shall pay any increase in operation and maintenance costs attributable to the storage of that user’s water; and
WHEREAS, in P.L. 116-260 Congress amended P.L. 97-140 and P.L. 100-522 to allow concurrent storage of San Juan-Chama and native Rio Grande system water in Abiquiu Reservoir up to elevation 6230.00 NGVD29; and
WHEREAS, P.L. 116-260 required that each user of storage space, regardless of source of water, pay for any increase in costs attributable to storage of that user’s water; and
WHEREAS, under its contract entered on the June 26, 2024, with the U.S. Army Corp of Engineers (USACE) (the “USACE Water Storage Contract”), the Water Authority is authorized to concurrently store Rio Grande system water and San Juan Chama Project (SJCP) water in Abiquiu Reservoir within its property up to a maximum elevation of 6230.00 NGVD29 and has the ability to allow other parties to use its storage space subject to approval from USACE; and
WHEREAS, as part of the storage rights necessary to effectuate its ability to store water pursuant to P.L. 116-260, Sec 337, the Water Authority acquired real property at Abiquiu Reservoir up to the elevation 6230.00 NGVD29 in the form of fee simple ownership and water storage easements which permit permanent inundation and storage of water including SJPC and native Rio Grande system water (the Water Authority’s “Property”).
WHEREAS, P&P Water, Compact debit water, and MRGCD Usable Water that would usually be retained or stored in El Vado Reservoir requires retention or storage in Abiquiu Reservoir until the completion of Safety of Dams related construction at El Vado Dam; and
WHEREAS, the Water Authority desires to assist Reclamation and MRGCD in the management of the native Rio Grande system water through the duration of the Safety of Dams related construction at El Vado Dam; and
WHEREAS, Reclamation and MRGCD may desire storage space from the Water Authority.
BE IT RESOLVED BY THE WATER AUTHORITY:
Section 1. That the Executive Director is authorized to sign an agreement whereby the Water Authority will suballot storage space in Abiquiu reservoir for the storage of Rio Grande system water (to include P&P water, Rio Grande Compact water, and MRGCD usable water), to Reclamation and MRGCD.