<br />001791.
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<br />THE LOWER COLORADO RIVER BASIN PROJECT
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<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:
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