ALBUQUERQUE BERNALILLO COUNTY
WATER UTILITY AUTHORITY
BILL NO. R-26-13
RESOLUTION
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Authorizing the Executive Director to Enter into an Agreement with the Plaintiffs in Rio Grande Silvery Minnow v. Key 99CV 1320JP/RHS (DNM) for Environmental Pool 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, 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, Public Law l00-522 (October 24, 1988) and Section 337 of the Water Resources Development Act of 2020 (Division AA of Public Law 116-260) modified the authorization in Public Law 97-140 to allow concurrent storage of San Juan-Chama Project water and native Rio Grande system water in Abiquiu Reservoir up to elevation 6230.00 NGVD29; and
WHEREAS, pursuant to Section 337 the Department of the Army and the Albuquerque Bernalillo County Water Utility Authority (Water Authority) entered into a new agreement for storage space at Abiquiu Reservoir that was signed June 26, 2024, which allows for storage by the Water Authority of San Juan-Chama project water or native Rio Grande system water in Abiquiu Reservoir up to elevation 6230.00 NGVD29, and use of such storage by the Water Authority (known as the "Water Authority's contracted storage space"); and
WHEREAS, Plaintiff WildEarth Guardians is the successor in interest and rights to plaintiff Forest Guardians, pursuant to the Certificate of Amendment of WildEarth Guardians No. 3343423, dated February 12, 2008; and
WHEREAS, the Water Authority and Plaintiffs negotiated ...
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