WMOD00281

• Title: The Impacts of Snow Enhancement - Technology Assessment of Winter Orographic Snowpack Augmentation in the Upper Colorado River Basin
• Date: 1/1/1974
• State: CO
• Weather Modification - Doc Type: Report

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TheaUocation of WOSA water to the national interests and to the
states of the Basin. (An emerging need is the allocation of at-
mospheric llloisture to the Western States.)

The establishment of a fcdeml weather modification regulatory
function to discharge federal responsibilities and protect fcderal
interests in the WOSA program.

The selection of an operating authority for the WOSA program.

The establishment of an implemellting entity under the basic op-
erating <Iuthority to deal with the social concerns and to allocate
revenues to compensare for the negative impacts in the target
arCaS.

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(7) Inaction by Congress or action in favor of existing l.aws and instI-
tutions will foreclose many opportunities for innovativesolutioJls to
the m.:w problems related to the WOSA technology, as well as con-
tinuing problems related to the n~~d for and alloca,tion of Colorado
River water. -

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c. Specific Findings

1. Existing Laws, J flstifllliollS, and Public Policy

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An operational WOSA program must be considered in the light or exist-
ing policy that in some way affects the means and purpose of. the program.
In general, the public policy concerning weather modification is meager
and certainly inadequate for an operational WOSA progntm in the Upper
Basin. Common law offers little precedent, primarily because the few cases
have. bce~ too diversified. Several of dIe states have enacted statutes ranging
from outright prohibition of weather modification activities to licensing of
operators, issmll1ce of pemlits, and simple recordation or ~lctivitics. Of the
Upper Basin states, olorado is.c;ues licenses, while Utah and W amint' haY.e
a P91'I11it sys!.(,:m. There has ceo conSl era C Interest in Congress in that a
nuillber orTcgislalive proposals have been considered; however. considering
the scope of the federal interest, little has been accomplis~'d ::II the f..tll.~llL:Ycl.
The purpose of WOSA is to augment the Colorado River water supply.
An e.x.tensive policy called the Law of the River exists for dividing and allocat-
ing these waters between the Upper and Lower Basins and among the states of
the basin. TIle U.S. Supreme Court, however, found that .congress has the.
nltimate power tf:) divide andaHocate the waters of a n.avigahle interstate
stream. This power \V3S mQ.~tI~~Ll:Y-eX.e[ 'sed for thcwaH.:rs ot the Colorado
Rivcsjn.!hc QQiOracto RiYCLnash1.-.AcLoLl~~ 90-537. hIS ac!J~ua~-
anteed CaliF....rni~ .1...4...M'>f annllQlhr Qr~fi..rl "'amities iUlliXating shortages,
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and ~c1ared that theMexican Watet..Ite.aty is::l o::ltionaJ ohJigaK~~
at ~~QSe..Llf.the Ct'dpl'::t) ~mzcrnl.1i('nt h}'-3ugmcnting the water SU~. Be-
cause of the federal power to allocate and also because fcdenil institutions are

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