Norman Gaume, P.E. (ret.) 44 Canoncito Dr NE • Albuquerque, New Mexico • 87122 • 505 690-7768 • normgaume@gmail.com December 19, 2016 Ms. Susan Boe New Mexico Foundation for Open Government Via email to director@nmfog.org SUBJECT: ISC REFUSAL TO PROVIDE EXCEL SPREADSHEET WITHOUT SIGNED DATABASE AGREEMENT Dear Susan, Thank you for our discussion December 16 regarding the facts of ISC’s most recent instance of refusing to provide me with an unlocked copy of an Excel spreadsheet. As agreed, the purpose of this letter is to document the story and transmit evidence for the NM Foundation for Open Government (NMFOG). RELEVANT OPEN GOVERNMENT BACKGROUND Carefully observing the ISC and its chief Gila spokesperson Craig Roepke in 2014 and 2015 led me to suspect as untruthful anything that Mr. Roepke repeatedly emphasized publicly pertaining to the Gila River. The dispute that is the subject of this letter started with Mr. Roepke’s repeated public claims that (1) NM had been deprived of water by the United States Supreme Court in its Arizona v. California decree that apportions the waters of the Lower Colorado River including NM’s Gila River apportionment, and (2) that NM’s apportionment is fully consumed thereby justifying/requiring NM’s development of NM’s exceedingly junior water right obtained through the Arizona Water Settlements Act. Skipping over numerous steps, I used IPRA to inspect annual decree files that the Arizona v. California decree requires New Mexico to prepare annually and place on file for inspection. Attachment A is my screen grab of the relevant page 17 of the 2006 consolidated decree, which initially became effective in 1968, and describes the required annual reporting and availability for inspection. Attachment B is a graph I prepared resulting from my inspection and expensive copying of relevant portions of the voluminous annual decree reports. The graphic shows that New Mexico has always left unused a minimum of 2,000 acre-feet per year of the NM’s decree consumptive use apportionment for the Gila River valley upstream of the Virden Valley in New Mexico. (The Virden Valley receives its Gila River surface water under a separate apportionment.) Consulting Engineer (ret.) Water Resources Management and Planning Susan Boe December 19, 2016 Page 2 of 5 The Gila River unused apportionment has exceeded 4,000 acre-feet per year in recent years. For reasons and based on other proof that are beyond the scope of this letter to describe, those are two highly relevant facts that demonstrate Mr. Roepke’s falsehoods regarding them. DESCRIPTION OF THIS PUBLIC RECORDS REQUEST ISC responded to my IPRA request to inspect digital maps and GIS coverages of the areas subject to the decree by providing employee Paul Harms to talk to me when I went in for the inspection of records on December 8. Mr. Harms didn’t bring a computer but he had the ISC’s 2015 annual decree report that he had completed a day or two previously, bound in three volumes including a bound volume of paper map printouts from GIS coverages of the Gila River Basin irrigated areas. I learned of this new GIS application due to this IPRA request. The manager of the Deming District Office of the Office of the State Engineer had shown it and the bound maps volume to me as the result of the ISC also referring my IPRA request to the Office of the State Engineer Records Custodian, who ultimately arranged for the Deming appointment after initially responding OSE had no public records responsive to my request. The GIS is the OSE’s work product, and is one major source of data used by the ISC to compile the 2015 annual decree report. 2015 is the first year the OSE has used GIS technology to capture the results of its mandatory inspections of irrigated acreage and is a basis of the ISC’s consumptive use reporting. Mr. Harms didn’t seem to be aware of the specifics of my IPRA request for the ISC digital data and GIS coverages but was aware that other ISC employees would show me ISC GIS coverages later that day. In addition to the printed GIS maps volume, he showed me printed Excel spreadsheet tables bound in the first two volumes of the 2015 decree reports. Tables in the “data report” volume present monthly input data and annual diversions and consumptive use output data for each of the nine subareas defined and limited by the decree. The spreadsheet annual output values are the basis for the high-level summary tables contained in the thin, official annual “decree report” volume. I confirmed with Mr. Harms that he had produced all the tables with an Excel spreadsheet. The data report volume tables contained specific data I had been seeking over the past year but had not previously found, at least partially due to a needle in the haystack problem I face in making sense of voluminous ISC public records produced as hard copies. Mr. Harms disclosed he provides the spreadsheet annually to Ellen Soles, a scientist who lives in the Cliff/Gila valley and has written academic papers regarding its ecology and the impact of the Gila Diversion. Mr. Harms said he originally provided the spreadsheet in digital format to Ms. Soles but was instructed several years ago to provide only pdf copies. He apologetically said he knows that makes use difficult. Susan Boe December 19, 2016 Page 3 of 5 The following day, I sent an email to the ISC Records Custodian requesting inspection of annual decree reports for 2015 and recent years and an unlocked copy of the Excel spreadsheet. See Attachment C. The ISC Records Custodian replied to a separate email I had sent earlier on December 12 to Ali Effati, the ISC’s Gila River team leader (Craig Roepke retired this fall), for an appointment to review digital GIS coverages and maps, with a copy to Sonia Salazar, the ISC Records Custodian. Ms. Salazar had identified Mr. Effati as my contact for the digital records inspection. (Mr. Effati had instructed me orally to copy Ms. Salazar on my emails to him to schedule the inspection.) My email also followed up on my request to inspect the decree reports and obtain the spreadsheet. (I hadn’t yet received a response to my IPRA request for the spreadsheet but was trying to save another trip to Santa Fe by scheduling a single inspection for both requests even though the 72 hours allowed by IPRA for the record custodian’s initial response had not elapsed.) Ms. Salazar’s December 12 reply asserted the spreadsheet is a database for which ISC requires a signed database agreement before providing an unlocked version of the spreadsheet. See Attachment D, which documents this email exchange. I responded that the spreadsheet is an integral part of the records the US Supreme Court requires the ISC to keep on file for inspection pursuant to Arizona v. California and that I wanted to inspect the spreadsheet. I said that an Excel spreadsheet is not a database, but I also asked to review the database agreement. See Attachment E, which includes my response and the ISC’s non-substantive reply. Separately, I requested an appointment with Ms. Salazar for December 15 or 16 to pick up copies of records I had selected for copying, listen to the audio files of the two most recent ISC meetings, inspect the hard copy decree files and pick up a copy of the spreadsheet per my December 9 request. Mr. Salazar confirmed a December 15 appointment but did not refer to the spreadsheet. See Attachment F. DESCRIPTION OF DECEMBER 15 INTERACTIONS WITH ISC PERSONNEL PERTAINING TO THE SPREADSHEET I drove to Santa Fe the afternoon of December 15. After paying Ms. Salazar a $47.25 fee for copies of documents previously selected and $13 for a thumb drive containing the ISC meeting packet for its May 12 public meeting, I inspected the 2010 through 2015 hard copy decree files. I selected numerous pages for copying, including pages containing oversize tables printed from the Excel spreadsheet. I also selected for copying representative GIS maps from the 2015 bound map volume cited above to discuss with my colleagues, as they contained information that we need. The needed information was not apparent in the paper maps OSE previously used. 2015 is the first year OSE has used GIS technology and maps to compile and report irrigated acreage. Susan Boe December 19, 2016 Page 4 of 5 An ISC paralegal was assigned to monitor me as I reviewed the decree report files. After I was finished with my inspection, I asked the paralegal to tell Ms. Salazar that I would like to speak to her. I then asked Ms. Salazar about the absence of the spreadsheet I had requested. Ms. Salazar said the spreadsheet was a database and that I would have to sign the ISC’s database agreement to review it. I replied referring to the requirements for availability of Supreme Court decree compliance records for inspection. Ms. Salazar was unable to provide a substantive response so I asked to see the ISC database agreement. In response to my questions about the agreement conditions on page 2, Ms. Salazar said I would need to talk to an ISC attorney and named Dominique Work. I replied I would like to speak to Ms. Work. Ms. Work came to the inspection room and sat down. I started by saying the spreadsheet is not a database. Her reply is that it is ISC policy that spreadsheets are databases for the purposes of IPRA. ISC permits inspection of databases pursuant to the database exception to IPRA with the requester’s execution of the ISC’s database agreement. Ms. Work said she could “craft” an agreement for my request while I waited. I said I might be willing to sign the agreement subject to some changes and she asked me to explain. Attachment G is my scan of the hard-copy blank ISC database agreement with my handwritten notes on the second page. I made these notes during my discussion with Ms. Work after her offer to “craft” an agreement for me. Regarding the first condition at the top of page 2, I said I intended to provide the spreadsheet to others and that I didn’t want to wait for a future ISC approval to provide the spreadsheet to others. She said that striking the condition would not be acceptable. I countered that I might be willing to name the persons in the agreement to whom I might provide the spreadsheet. She nodded as if that might be acceptable and indicated I should proceed. I then said I would need a change to the second condition acknowledging that my use of the information in the spreadsheet for my advocacy was not a political use prohibited by the agreement but that I had no issue with the non-commercial limitation. She said that my advocacy was political and that would not be acceptable. She quickly withdrew that immediate response saying she would, “…consult with the ISC General Counsel before responding further.” I pointed to the six-inch stack of hard copy decree reports and the extensive flags marking the pages I had selected for copying, saying the spreadsheet was the source of the tables I had selected for copying, that I wanted to review the formulas that the spreadsheet uses to calculate the tabular values in the report tables, that the Supreme Court decree requires this information to be on file for inspection, and that digital access to the information I needed was much more convenient and cheaper than paying for paper copies. Susan Boe December 19, 2016 Page 5 of 5 Ms. Work responded that she knew that review of the paper copies might be more difficult for me but that was ISC policy. When I protested that I could not review the spreadsheet formulas she said she would arrange for an ISC employee to show me the spreadsheet on an ISC computer at a future meeting, and that I could inspect whatever elements of the spreadsheet I wanted but that I could not have a copy. She acknowledged the extra work and inconvenience that would cause me. I perceived her demeanor as mildly apologetic as in “I am just following the rules.” I attempted additional discussion, which she cut off by saying that I am represented by counsel and she could not further discuss this matter with me. (She is opposing counsel in my Open Meetings Act lawsuit and appeal.) She had said that once before but had continued our discussion. She repeated that when I attempted another comment. The ISC paralegal who was monitoring my inspection of the decree files was in the room and witnessed this exchange. There was no mention of a fee for the spreadsheet. This is the sequence of events that led to me calling you for help as I was driving home. This is my documentation of the matter to date per your request. I am very appreciative of your willing support and your past successes in confronting the ISC’s proprietary view and unlawful withholding of their digital data and spreadsheets. NMFOG support has been important to my confrontation of ISC falsehoods, my advocacy that the ISC formulate its public policy and transact its public business in public, and my advocacy for the ISC to adopt a rational public policy for its use of its federal appropriation for water supply improvements in the four counties of SW New Mexico. Please tell Peter St. Cyr that I look forward to meeting him. Thank you for all you have done to foster and require open government in New Mexico. Best wishes for your retirement. Best regards, /s/ Norm Gaume Attachments A through G c: Doug Wolf Attachment A Cite as: 547 U. S. ____ (2006) 17 Decree are unable at that time to agree on the present perfected rights to the use of mainstream water in each State, and their priority dates, any party may apply to the Court for the determination of such rights by the Court. A list of present perfected rights, with priority dates, in waters of the mainstream in the States of Arizona, California, and Nevada is set forth in Appendix A to this decree and is incorporated herein by reference. VII. The State of New Mexico shall, by March 9, 1968, prepare and maintain, or provide for the preparation and maintenance of, and shall annually thereafter make available for inspection at all reasonable times and at a reasonable place or places, complete, detailed and accurate records of: (A) The acreages of all lands in New Mexico irrigated each year from the Gila River, the San Francisco River, San Simon Creek, and their tributaries and all of their underground water sources, stated by legal description and component acreages and separately as to each of the areas designated in Article IV of this decree and as to each of the three streams; (B) Annual diversions and consumptive uses of water in New Mexico, from the Gila River, the San Francisco River, San Simon Creek, and their tributaries and all their underground water sources, stated separately as to each of the three streams. VIII. This decree shall not affect: (A) The relative rights inter sese of water users within any one of the States, except as otherwise specifically provided herein; (B) The rights or priorities to water in any of the Lower Basin tributaries of the Colorado River in the States of Arizona, California, Nevada, New Mexico and Utah except the Gila River System; Attachment B Reported  Use  and  Availability  of  Senior  Decree  Water   Upper  Gila  River  in  New  Mexico  Exclusive  of  Virden  Valley   Annual  Consump3ve  Use  -­‐  Acre  Feet   Compiled  from  ISC  annual  reports  prepared  pursuant  to  the  AZ  v  CA  decree   16,000   14,000   12,000   10,000   8,000   6,000   4,000   Reported  annual  consump3ve  use  (CU)   Annual  average  of  10-­‐year  cumula3ve  CU   Unused  annual  CU  (10-­‐year  constraint)    Decreed  maximum  annual  CU    (15,985  AF)    Decreed  annual  CU  per  10-­‐year  limit  (13,620  AF)   2,000   0   Norm Gaume, P.E. (ret.), March 22, 2016 Attachment C From: Subject: Date: To: Cc: Bcc: Norm Gaume normgaume@gmail.com Inspection of Arizona v California annual decree files December 9, 2016 at 4:48 PM Salazar, Sonia, OSE Sonia.Salazar@state.nm.us Doug Wolf dwolf@biologicaldiversity.org normgaume@gmail.com Dear Ms. Salazar, Please provide for my inspection of selected decree files with reference to my previous IPRA request for those files. I would like to review the files for 2010 through 2015 and perhaps a couple of earlier years on Thursday, December 15 when I am in Santa Fe to inspect the LiDAR and GIS digital records. Additionally, please provide me an unlocked copy of either the 2014 or preferably the 2015 version of the Excel spreadsheet that the ISC uses to compute consumptive use pursuant to the decree and to create the consumptive use tables that are contained in the annual data reports. Thanks, Norm Gaume 505 690-7768 Attachment D From: Subject: Date: To: Cc: Salazar, Sonia, OSE Sonia.Salazar@state.nm.us RE: Meeting to review digital coverages December 12, 2016 at 1:19 PM Norm Gaume normgaume@gmail.com Doug Wolf DWolf@biologicaldiversity.org Mr. Gaume, In response to your e-mail below, please be advised that Thursday, December 15, 2016 will not work for us in terms of you coming to our office to review the LiDAR and GIS digital records. Needed personnel is not available that day. We are exploring possible days and times for you to conduct your review of the LiDAR and GIS digital records the week of December 19th. You are welcome however, to come to our office on December 15th and listen to the recording of the November ISC meeting and review the paper copies of the “selected decree files” referenced below, although it is my understanding that you already reviewed some of those documents during your visit to our office on December 5, 2016. In addition, in your e-mail of Friday, December 9th, and as referenced below, you request an “unlocked copy of either the 2014 or preferably the 2015 version of the Excel spreadsheet that the ISC uses to compute consumptive use pursuant to the decree and to create the consumptive use tables that are contained in the annual data reports.” That document is a database. Before the ISC will provide an “unlocked” electronic copy of this information to you, the ISC will require that you enter into an agreement with the ISC regarding your use of this database. If you wish to enter into such an agreement, please let me know and I will prepare one for your signature. Thank you, Sonia -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Monday, December 12, 2016 10:52 AM To: Salazar, Sonia, OSE Cc: Doug Wolf; Effati, Ali, OSE Subject: Re: Meeting to review digital coverages Dear Ms. Salazar, I would like to make an appointment to pick up the hard copy documents that I identified for copying pursuant to IPRAs, to listen to the audio recording, and to review the ISC’s Arizona v. California decree files and obtain a copy of the 2014 or 2015 Excel spreadsheet per my emailed request last Friday. I request the decree information pursuant both to the IRPA and the provisions of the decree. I am available Thursday or Friday. Thanks, Ali, for your reply re non-availability of the GIS specialist that apparently is necessary to provide for my IPRA review of digital maps and coverages of the irrigated areas within the Gila River Basin. Sincerely, Norm On Dec 12, 2016, at 9:20 AM, Effati, Ali, OSE wrote: Good morning, Norm: It seems Thursday will not work for us. As soon as the GIS specialist lets me know his availability for next week, I will get back to you with available dates. Thanks, Ali -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Friday, December 09, 2016 4:52 PM To: Effati, Ali, OSE Cc: Salazar, Sonia, OSE Subject: Re: Meeting to review digital coverages Thank you, Ali. Look forward to hearing from you on Monday. On Dec 9, 2016, at 8:33 AM, Effati, Ali, OSE wrote: Good morning, Norm: I need to check with other people who are not in the office today. Can I get back to you on Monday morning? Ali -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Friday, December 09, 2016 7:58 AM To: Effati, Ali, OSE; Salazar, Sonia, OSE Subject: Meeting to review digital coverages Good morning, Ali, Will a meeting Thursday, December 15 work for you? Norm Attachment E From: Subject: Date: To: Cc: Salazar, Sonia, OSE Sonia.Salazar@state.nm.us RE: Meeting to review digital coverages December 13, 2016 at 10:48 AM Norm Gaume normgaume@gmail.com Effati, Ali, OSE Ali.Effati@state.nm.us, Doug Wolf DWolf@biologicaldiversity.org Mr. Gaume, Mr. Ali Effati will be expecting you at 2:00pm on Monday, December 19th for your inspection of the LiDAR and GIS digital records. Please give us 24 hours notice if you are not able to keep this appointment. Thank you, Sonia -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Monday, December 12, 2016 4:24 PM To: Salazar, Sonia, OSE Cc: Doug Wolf; Susan Boe Subject: Re: Meeting to review digital coverages Ms. Salazar, Thanks for your reply. I plan to be in your offices December 15 per your first paragraph below. My granddaughters will be staying with us Dec 20-22 so hopefully you could accommodate my inspection of the LiDAR and GIS digital records on Dec. 16, 19, or 23. Regarding the spreadsheet, the United States Supreme Court in the consolidated decree (2006) in Arizona v. California enjoins the State of New Mexico to make "available for inspection at all reasonable times and at a reasonable place or places" "complete, detailed, and accurate records of" irrigated lands with annual diversions and consumptive uses. The spreadsheet is now used to calculate consumptive use. I wish to inspect it. Regardless, an Excel spreadsheet is not a database. That said, I would like the review the agreement ISC requires me to sign before you will permit me to inspect the spreadsheet. Thank you for your assistance. Norm On Dec 12, 2016, at 1:19 PM, Salazar, Sonia, OSE wrote: Mr. Gaume, In response to your e-mail below, please be advised that Thursday, December 15, 2016 will not work for us in terms of you coming to our office to review the LiDAR and GIS digital records. Needed personnel is not available that day. We are exploring possible days and times for you to conduct your review of the LiDAR and GIS digital records the week of December 19th. You are welcome however, to come to our office on December 15th and listen to the recording of the November ISC meeting and review the paper copies of the “selected decree files” referenced below, although it is my understanding that you already reviewed some of those documents during your visit to our office on December 5, 2016. In addition, in your e-mail of Friday, December 9th, and as referenced below, you request an “unlocked copy of either the 2014 or preferably the 2015 version of the Excel spreadsheet that the ISC uses to compute consumptive use pursuant to the decree and to create the consumptive use tables that are contained in the annual data reports.” That document is a database. Before the ISC will provide an “unlocked” electronic copy of this information to you, the ISC will require that you enter into an agreement with the ISC regarding your use of this database. If you wish to enter into such an agreement, please let me know and I will prepare one for your signature. Thank you, Sonia -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Monday, December 12, 2016 10:52 AM To: Salazar, Sonia, OSE Cc: Doug Wolf; Effati, Ali, OSE Subject: Re: Meeting to review digital coverages Dear Ms. Salazar, Dear Ms. Salazar, I would like to make an appointment to pick up the hard copy documents that I identified for copying pursuant to IPRAs, to listen to the audio recording, and to review the ISC’s Arizona v. California decree files and obtain a copy of the 2014 or 2015 Excel spreadsheet per my emailed request last Friday. I request the decree information pursuant both to the IRPA and the provisions of the decree. I am available Thursday or Friday. Thanks, Ali, for your reply re non-availability of the GIS specialist that apparently is necessary to provide for my IPRA review of digital maps and coverages of the irrigated areas within the Gila River Basin. Sincerely, Norm On Dec 12, 2016, at 9:20 AM, Effati, Ali, OSE wrote: Good morning, Norm: It seems Thursday will not work for us. As soon as the GIS specialist lets me know his availability for next week, I will get back to you with available dates. Thanks, Ali -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Friday, December 09, 2016 4:52 PM To: Effati, Ali, OSE Cc: Salazar, Sonia, OSE Subject: Re: Meeting to review digital coverages Thank you, Ali. Look forward to hearing from you on Monday. On Dec 9, 2016, at 8:33 AM, Effati, Ali, OSE wrote: Good morning, Norm: I need to check with other people who are not in the office today. Can I get back to you on Monday morning? Ali -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Friday, December 09, 2016 7:58 AM To: Effati, Ali, OSE; Salazar, Sonia, OSE Subject: Meeting to review digital coverages Good morning, Ali, Will a meeting Thursday, December 15 work for you? Norm Attachment F From: Subject: Date: To: Cc: Salazar, Sonia, OSE Sonia.Salazar@state.nm.us RE: Meeting to review digital coverages December 13, 2016 at 4:34 PM Norm Gaume normgaume@gmail.com Doug Wolf dwolf@biologicaldiversity.org Mr. Gaume, When you come to our office on Thursday, December 15th, you may listen to the audio recordings from both the November 17, 2016 and December 12, 2016 ISC meetings. However, you will need to bring your own headphones as we do not have an extra set. Thank you, Sonia -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Monday, December 12, 2016 10:52 AM To: Salazar, Sonia, OSE Cc: Doug Wolf; Effati, Ali, OSE Subject: Re: Meeting to review digital coverages Dear Ms. Salazar, I would like to make an appointment to pick up the hard copy documents that I identified for copying pursuant to IPRAs, to listen to the audio recording, and to review the ISC’s Arizona v. California decree files and obtain a copy of the 2014 or 2015 Excel spreadsheet per my emailed request last Friday. I request the decree information pursuant both to the IRPA and the provisions of the decree. I am available Thursday or Friday. Thanks, Ali, for your reply re non-availability of the GIS specialist that apparently is necessary to provide for my IPRA review of digital maps and coverages of the irrigated areas within the Gila River Basin. Sincerely, Norm On Dec 12, 2016, at 9:20 AM, Effati, Ali, OSE wrote: Good morning, Norm: It seems Thursday will not work for us. As soon as the GIS specialist lets me know his availability for next week, I will get back to you with available dates. Thanks, Ali -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Friday, December 09, 2016 4:52 PM To: Effati, Ali, OSE Cc: Salazar, Sonia, OSE Subject: Re: Meeting to review digital coverages Thank you, Ali. Look forward to hearing from you on Monday. On Dec 9, 2016, at 8:33 AM, Effati, Ali, OSE wrote: Good morning, Norm: I need to check with other people who are not in the office today. Can I get back to you on Monday morning? Ali -----Original Message----From: Norm Gaume [mailto:normgaume@gmail.com] Sent: Friday, December 09, 2016 7:58 AM To: Effati, Ali, OSE; Salazar, Sonia, OSE To: Effati, Ali, OSE; Salazar, Sonia, OSE Subject: Meeting to review digital coverages Good morning, Ali, Will a meeting Thursday, December 15 work for you? Norm Attachment AGREEMENT BETWEEN THE NEW MEXICO INTERSTATE STREAM COMMISSION AND REGARDING DATABASE The New Mexico Interstate Stream Commission an agency of the State of New Mexico, and hereby enter into this agreement (the ?Agreement?) for ?3 use of the (the ?Database?). Collectively, the ISC and are referred to as the ?Parties? to this Agreement. RECITALS WHEREAS, pursuant to NMSA 1978, Section 72-14-3, the ISC has the authority to ?investigate water supply, to develop, to conserve, to protect, and to do any and all things necessary to protect, conserve and develop the waters and stream systems? of New Mexico; and WHEREAS, the ISC has created and/or populated the Database and has determined that its use is governed by NMSA 1978, Section and WHEREAS, is interested in obtaining the Database and has requested it from the and WHEREAS, the ISC is willing to provide the databases to pursuant to the conditions herein; and WHEREAS, is willing to accept the conditions herein. AGREEMENT THEREFORE, for good and valuable consideration, the suf?ciency of which is acknowledged by the Parties, the Parties agree as follows: 1. In accordance with NMSA 1978, Section agrees that its use of the Database is subject to the following conditions: a. will Melee-or provide copies of the Databasewithout en approv COM b. will not use the Database for any political or commercial purpose unless the purposezjmd use has been approveg in 'ting \3 ?v .56 by the ISC prior to the useWill not allow access to the Database by any other person unless the access and the use have been approved in writing by the ISC prior to the access. 2. Upon execution of this Agreement by both Parties, the ISC will provide with the Database. 3. The ISC does not make any express or implied warranties as to the condition of the Database. The ISC has not independently veri?ed the accuracy or completeness of the Database and therefore makes no warranties, express or implied as to such accuracy or completeness. Should use information derived from the Database in any scholarly articles, reports, or presentations, the Parties agree that would provide notice to its audience that the document was prepared by according to a license agreement between and the ISC for use of the Database, that the views and opinions expressed in the document are those of and not of the ISC, and that the ISC does not make any warranty, express or implied, or assume any liability for the accuracy, completeness or usefulness of any information disclosed based on ?3 use of the Database. 5. Neither this Agreement, nor any interest herein shall be assigned or transferred by either Party. 6. In the event of a breach of this Agreement by the ISC shall be entitled to all remedies available at law or equity under New Mexico law. 7. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect, provided that the Agreement is still capable of performance in substantial accordance with the original intent of the Parties. 8. This Agreement may be amended only by a written document signed by both Parties. 9. This Agreement represents the entire agreement between the Parties and becomes effective on the date of last signature. NM INTERSTATE STREAM COMMISSION Deborah K. Dixon, P.E., Director Amy I. Haas, General Counsel [Name and Title]