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<br />001791. <br /> <br />;":.'. . <br />" <br /> <br />THE LOWER COLORADO RIVER BASIN PROJECT <br /> <br />7 <br /> <br /> <br />Under the Colorado River compact the States of Coloradoi New <br />Mexico, Utah, and Wyoming may not deplete the flow of Co orado <br />River at Lee Ferry below an aggregate of 75 million acre-feet in any <br />10 consecutive years. All the planning for the lower basin is predi- <br />cated On the assumption that there will be no increase in the burden on <br />the upper basin beyond this delivery requirement at Lee Ferry, plus <br />its share of the Mexican treaty oblIgation. Glen Canyon Dam has <br />already been built so that the upper basin develol?ment can proceed <br />and the upper basin still be able to meet the commItments of delivery <br />to the lower basin. The Secretary of the Interior, under the Boulder <br />Oanyon Project Act, has entered into contracts with Arizona, Oali- <br />fornia, and Nevada users for more water than the upper basin is re- <br />quired to make available. Thus as the upper basm develops new <br />projects to utilize its share of the Colorado RIver, the amount of water <br />remaining for use in the lower basin will decrease. If the conditions <br />of adverse streamflow experienced since the 1930's persist or recur, the <br />amount available for the lower basin from the main stream may go <br />below 7,500,000 acre-feet. Thus, one of the major purposes of the bill <br />is to augment the limited supply which will be available to the lower <br />basin after the upper basin is meeting no more than its burden under <br />the compact, <br />The Oommissioner of Reclamation advised the subcommittee in <br />August 1963, that for the 10 years ending in 1962, the average annual <br />flow past Lee Ferry was slightly less than 10 million acre-feet, down <br />from an average somewhat in excess of 18 million acre-feet of virgin <br />flow or some 16 million acre-feet of historic flow during the lO-year <br />period ending in the early 1920's; <br />Based on what the Oommissioner of Reclamation described as con- <br />servative estimates of runoff and optimistic estimates of the buildup <br />of upper basin uses, it would appear that the lower basin States will <br />have a Oolorado River supply of 7.5 million acre-feet until 1975, <br />after which, barring a return to favorable flow conditions there may <br />be a decline below that figure. <br />Uses from the main stream in the lower basin are now about <br />5,775,000 acre-feet annually. Under theCourt decree and assuming <br />only 7,500,000 acre-feet available in the river Oalifornia would have a <br />legal right to no more than 4,400,000 acre-feet, while Arizona and <br />Nevada could increase their uses from their present levels of 630,000 <br />and 20,000 to 2,800,000 and 300,000 respectively. Qualified techni- <br />cians estimate that uses in the lower basin will increase by about <br />1990 to the point where, without having either favorable flows or the <br />development of supplemental water, a formula to allocate shortages <br />will have to be devised and applied. The Supreme Oourt considered <br />this eventuality but declined the enunciation of a formula. Some <br />Oalifornia users have contended allocations should be based on the <br />State law principle "first in time, first in right." This would give <br />Oalifornia a priority to 4,400,000 acre-feet superior to Arizona and <br />Nevada's useS not yet initiated. Arizona has contended that the <br />allocation should be based on priority in proportion to entitlement. <br />The supreme Court held that the Secretary could, but was not obliged, <br />to follow either method. The effect of the two methods on the water <br />supply available to the Oentral Arizona unit is compared in the <br />attached table: <br /> <br />',',:':.;> ',' <br /> <br />',,>,,-. <br /> <br /> <br />. " u <br />. <br /> <br />" ."',.;' <br /> <br />. -, ",\' ., <br /> <br />.'.;, ;';' <br /> <br />", -,' <br />";" ". - <br /> <br /> <br />/;~ <br /> <br />':'. .' <br />','. . <br /> <br />, <br />. . <br /> <br /> <br />"',, . <br />"', <br /> <br />'.. <br /> <br />., .-' <br /> <br />