WSP11698

• File Number: 8210.470
• Description: Pacific Southwest Interagency Committee
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/6/1964
• Author: Unknown
• Title: Lower Colorado River Basin Project - Report with Individual and Minority Views - To Accompany S 1658 - Calendar Number 1267
• Water Supply Pro - Doc Type: Report/Study

THE LOWER COLORADO RIVER BASIN PROJECT

25

001809

"

allocation under the terms of the Colorado River compact. Whereas
the effect of the Supreme Oourt's decision and decree could be con-
strued to have the effect of upholding Arizona's contention as against
Oalifornia, the Oourt's decree specifically states:

* * * This decree shall not affect; * * * (D) Any issue
of interpretations of the Oolorado River compact (376 U.S.
340,353).

The upper division States could perhaps rest upon the provision of
the compact which provides for the delivery of water at Lee Ferry in
the amount of 75 million acre-feet "* * * in any period of 10 con-
secutive years * * *" if it were not for the provisions of the treaty
with the United Mexican States. The compact provides that the
Mexican treaty requirements shall first be filled from "surplus" water.
However, in defining this surplus, the compact apportions 8.5 million
acre-feet of water annually to the lower basin and 7.5 million acre-
feet annually to the upper basin-a total of 16 million acre-feet. The
compact further provides that in the event the surplus over and above
the 16 million acre-feet apportioned to the two basins is not sufficient
for the 1.5 million acre-feet to be delivered to Mexico, then each basin
shall bear one-half of the deficiency.
The net effect of all apportionments is to place a draft upon the
Colorado River of 17.5 million acre-feet annually. This amount of
water is simply not available from the Oolorado River if the lower
basin tributaries are excluded. The lower basin tributaries produce,
on the average, about 3 million acre-feet of water annually. The.
compact apportions the waters of the "Oolorado River system," not
just the main stream. Therefore, surpluses as they pertain to the
apportionment of the waters of the "Oolorado River system" between
the basins reguire an accounting of waters of the whole Colorado
River system m the upper basin as well as an accounting of waters of
the whole Oolorado. River system in the lower basin. Therefore, if
the proper accounting is made of water uses in the lower basin as
provided for in the Oolorado River compact, the upper basin may
never have to deliver any deficiency for the satisfaction of the Mexican
treaty requirements. On the other hand, if the lower basin tributaries
are excluded, then the upper basin, in almost every year, will have
to deliver additional water to satisfy the Mexican treaty. It should
be remembered that all of the 7.5 million acre-feet of water that the
upper basin is required to deliver at Lee Ferry is produced in the
upper basin, for the benefit of the lower basin. To say that the upper
basin is not entitled to an accounting of lower basin water toward the
satisfaction of the Mexican treaty obligation is not only grossly unfair,
but it is in direct derogation of the terms of the compact.

GORDON ALLOTT,
U.S. Senator.
PETER H. DOMINICK,
U.S. Senator.
MILWARD L. SIMPSON,
U.S. Senator.

..

","

,
,

"."

. '~; ':.;,' -,;".
.' ~

," "'..', .

. -, : .~-~~: ;:;-;\ .~, :\:: .
" . , ; ~ - '.. . ~
",~' .:" ',', ','

.,.

,:.'J;')

'.i'-,'~~'

. 'c ::.,Ji~hi