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<br />If: <br />17; <br />(;'.! <br />N <br /> <br />(. <br /> <br />c <br /> <br />" <br /> <br />160 J. ENERGY, NAT, RESOURCES, & ENVTL. L. [Vol. 13 <br /> <br />I, <br />It" <br /><, <br /> <br />and there has been little effort to cooperatively resolve the conflicts.. <br />However, as the West's population continues to mushroom,' western <br />leaders must resolve the tenacious issue of water allocation. Scholars ~ <br />have recently proposed a variety of solutions,6 including water mar. .~ <br />kets; but none of these proposals has resolved the conflict. .1 <br />In Utah, however, one battle has peacefully ended. The solution 'I <br />is the Central Utah Project Completion Act (CUP or CUP Completion '1 <br />Act)6_a massive political compromise, which authorizes the expendi. ~ <br /> <br />1 <br />:1 <br />, <br /> <br />, See RICHARD W. WAHL, MARKETS FOR FEDERAL WATER: SUBSIDIES, PRoPERTY RIGHTS, AND <br />THE BUREAU OF REcLAMATION 69--123 (1989) (stating that Representative Miller's experience <br />with the Reclamation Reform Act of 1982, 43 U.S.C. tt 390aa to 390zz-1 (1988), is a good <br />example of how a contentious attempt to limit the water subsidy has failed). <br />, Many major western cities grew over 25% in the decade between 1980 and "1990. BUREAU <br />OF THE CENSUS, U.S. DEP"r OF COMMERCE, STATE AND METRoPOLITAN AREA DATA BOOK, tabla <br />2, at la-xxvii (4th ed. 1991). , <br />. There have been many water reform proposals including: redefining the legal definition of .;;l <br />-Wute," Steven J. Shupe, Waste in Western Water Law: A Blueprint for Change, 61 OR. L. REv., -1 <br />483,492-522 (1982); water pricing and forced conservation, WAHL, supra note 4, at 128-29; and <br />eliminating water 8ubsidies, Bob Gottlieb & Peter Wiley, Selling Water, or Selling Out', in <br />WESTERN WATER MADE SIMPLE 28, 33-34 (Ed Marston ed" 1987), <br />., See, e.,., U. Economist Decries Water Fights, Says Utah Must Lead with Policy, SALT LAKE <br />TRm., Aug. 20, 1989, at 6B. . <br />. The Central Utah Project Completion Act is contained in titles II through VI of the <br />Reclamation Projects Authorization and Adjustment Act of 1992. Pub. L. No. 102-575, 106 Stat. <br />4600 (1992) (providing an overhaul of California's Central Valley Project and dozens of other <br />water projects for 17 western states). President Bush signed the bill into law on October 30, <br />1992. Keith Schneider, Federal Law Changes California Water Policy, N.Y. TIMEs, Nov. 1,1992, <br />p, at 39, <br />The original Central Utah Project (original CUP) was part of the Colorado River Storage <br />Project Act of 1956. 43 U.S.C. tt 620-6200 (1988). The original CUP was a reclamation project <br />designed to enable the State of Utah to divert water from the Upper Colorado River Basin to <br />the much more populated areas of central Utah. Robert W. Swenson. A Primer of Utah Water <br />Law: Part II, 6 J. ENERGY L. & POL'Y I, 39-41 (1985) (describing the organization and some of . <br />the problems resulting from the original CUP); Bee also infra notes 144-164 and accompanying <br />tart. <br />As designed, the original CUP planned for six new reservoirs; more than 200 miles of <br />aqueducts, tunnels, and canals; one powerplant; seven pumping plants; and about 162 miles of <br />drains and modifications to existing natural channels. Approximately 100,000 acre- <br />feet-enough water for 400,000 additional people-would be delivered to urban areas along the <br />Wasatch Front, and about 200,000 acre~feet would be delivered to central Utah farmers. H.R. <br />REP. No. 114, 102d Cong., 1st Sess, 70-71 (1991), Construction on the original CUP began as <br />early as 1966, but came to a halt in 1988 when the Bureau of Reclamation (Bureau) ran out of <br />money. David Hampshire, The CUP Runneth DueT, UTAH HOLIDAY, June 1991, at 42, 44. Faced <br />with this problem, Utah's political leaders submitted a simple, one-paragraph bill asking <br />Congress for $876 million to finish the job. However, the leadership of the House Interior <br />Committee stipulated that the legislation would not move unless supported by the national <br />environmental community. After three years of intense negotiations, familiar adversaries came <br /> <br />I <br />I <br />I <br />i <br />I <br /> <br />I: <br /> <br />t:', <br /> <br />~, <br /> <br />l <br /> <br />