ALBUQUERQUE BERNALILLO COUNTY
WATER UTILITY AUTHORITY
BILL NO. R-24-32
RESOLUTION
t
Authorizing the Executive Director to Enter Into an Agreement With The Rio Chama Acequia Association to Suballot Storage Space In Abiquiu Reservoir
b
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 Albuquerque Bernalillo County Water Utility Authority (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, Rio Chama Acequia Association (RCAA) 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 sub allot up to 5,000 acre-feet of storage space in Abiquiu reservoir to RCAA.