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

oou<:s~

THE LOWER COLORADO RIVER llASIN PROJECT

5

to carry out the allocation of water through making contracts with
the States and water users. The first 7,500,000 acre-feet of beneficial
consumptive use of main-stream waters were allocated by contract;
4,400,000 acre-feet to Oaliforma, 2,800,000 to Arizona, and 300,000 to
Nevada (373 U.S. at 575,580,583). Any surplus over 7,500,000 acre-
feet is divided equally between Arizona and Oalifornia.
This act became effective on Juna 25, 1929, when six States of the
basin, all except Arizona, had ratified the Oolorado River compact,
and when the Oalifornia Legislature had passed an act accepting a
limitation of 4,400,000 acre-feet per year as required by the Boulder
Oanyon Project Act (Oalif. Stats. 1929, c. 16, p. 38).
Even after the enactment of the Boulder Oanyon Project Act
and the Oalifornia Limitation Act, Oalifornia contended that it was
entitled to a greater amount of water from the main stream than the
4,400,000 acre-feet allotted to her. . It also contended that Arizona
was entitled to less than the 2,800,000 acre-feet from the main stream
by an amount equal to her uses on her tributaries. Arizona argued
to the contrary. Because of this 'basic dispute, Oongress refused to
consider the Central Arizona project further unW the legal rights to
the use of the waters allocated to the lower basin had beensett.led.
On June 3, 1963, in Arizona v. Oalifornia (373 U.S. 546), the SU"
preme Oourt of the United States decided the tributary issue by hold-
mg that Oalifornia was entitled to 4,400,000 and Arizona was entitled
to 2,800,000 acrecfeet of beneficial consumptive use from the waters
in the main stream of the river, provided, of course, that the lower
basin entitlement could support such use.
Thus, the longstanding controversy between Arizona and Oali-
fornia as to their respective rights to the main-stream waters of the
Oolorado River was resolved, and Arizona was in position to renew
its request for authorization of the Oentral Arizona project, and to
ask California to redeem the pledge the Honorable Earl Warren
gave as Governor of Oalifornia in 1948:

Whenever it is finally determined which waters belong to
Arizona, it should be permitted to use that water in any man-
ner or by any method considered best by Arizona * * *,

The Oentral Arizona project will enable the State of Arizona to put
to beneficial use that portion of the waters of the main stream of the
Colorado River allocated to it by the Supreme Court but which it
is presently unable to use because of lack of diversion works, and to
meet thereby a critical need for a supplemental water supply in the
densely populated central portion of the State. .
S. 1658 was thereupon introduced to authorize the construction of
the Central Arizona project in order that the waters of the river
adjudicated for the use of Arizona could be most beneficially applied
for her lands and people.

.,',',

'.

'. .,.':

':;'
.. ':. '.;
',\ ,.'

" "

THE PRESENT BILL

On April 9, 1964, the Honorable Stewart L. Udall, Secretary of the
Interior, presented to the committee a plan for the development of the
water resources of the Pacific Southwest on ./1 broad regional basis.
The plan acknowledges the feasibility of the Central Arizona project as
presented in S. 1658, A draft of /1 bill to authorize the Pacific South-
west Water Plan was submitted to the committee at the time the plan

;,

,">"

. .
. ..

.'-,,"

",,'.