ALBUQUERQUE BERNALILLO COUNTY
WATER UTILITY AUTHORITY
BILL NO. R-23-23
RESOLUTION
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Authorizing the Executive Director to Enter into an Agreement with the Rio Grande Silvery Minnow Plaintiffs to Suballot Storage Space in Abiquiu Reservoir
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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, the Secretary of Interior was authorized to release San Juan-Chama water to contracting entities for such storage; 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 Public Law 100-522 Congress further authorized the Secretary of the Army to store 200,000 acre-feet of Rio Grande system water in lieu of San Juan-Chama water to the extent that contracting entities no longer require the storage; and
WHEREAS, in P.L. 116-260 Congress amended P.L. 97-140 and P.L. 100-522 to eliminate the 200,000 acre-feet volume cap from combined sources in favor of allowing for the concurrent storage of San Juan-Chama and native Rio Grande system water in Abiquiu Reservoir up to elevation 6230.00 NGVD29; and
WHEREAS, pursuant to NMSA 1978 ? 72-1-10, the Albuquerque Bernalillo County Water Utility Authority ("Water Authority") is the legal successor to the City of Albuquerque under Contract No. DACW47-86-C-0009 dated March 20, 1986 with the U.S. Army Corps of Engineers for water storage space in Abiquiu Reservoir (the "Contract"); and
WHEREAS, pursuant to the Contract, the Water Authority has the right to store up to 170,900 acre-feet of San Juan-Chama Project Water, presently has storage spac...
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