File #: R-24-31    Version: 1 Name:
Type: Resolution Status: Adopted
File created: 10/18/2024 In control: Albuquerque Bernalillo County Water Utility Authority
On agenda: 10/23/2024 Final action: 10/23/2024
Title: 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
Sponsors: Albuquerque Bernalillo County Water Utility Author
Attachments: 1. R-24-31
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...

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