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<br />0003'39 <br /> <br />This white paper documents the findings and recommendations of the <br />YDP/Cienega Workgroup. The Workgroup members desire to share their effort with a <br />wider group of interested parties. They hope this information will be of value and be <br />used by the policy makers and elected officials within the State of Arizona and the <br />other states of the Colorado River Basin, and federal government officials in both the <br />United States and Mexico who are ultimately responsible for adopting and <br />implementing an action plan to deal with these critical issues. <br /> <br />II. Current Conditions <br /> <br />As with all issues related to the management ofthe Colorado River, any proposed <br />action must be consistent with the "Law of the River." The Law ofthe River is <br />comprised of a series of international treaties, interstate compacts, court decrees, <br />federal statutes, agency rules and regulations, and specific contract provisions. Most of <br />these components have a degree of inter-relationship so it is often difficult to determine <br />how actions related to individual issues can be implemented without considering how <br />those actions may affect other, seemingly non-related conditions. This is true of the <br />issues related to the bypassing of drainage flows from the WMIDD. However, there <br />are three primary parts of the Colorado River laws that are especially relevant to this set <br />of issues: 1) The Mexican Water Treaty of 1944 (Treaty); 2) Minute 242 dated August <br />30, 1973 which is titled the "Permanent and Definitive Solution to the International <br />Problem of Salinity in the Colorado River" (Minute 242) and; 3) P.L. 93-320 - The <br />Colorado River Basin Salinity Control Act of 1974 (Salinity Control Act). A brief <br />synopsis of each is provided in the Appendix. <br /> <br />Controversy concerning the salinity levels in the WMIDD drainage flows began <br />in the early 1960's when the Mexican government objected that the quality of the <br />Colorado River water being delivered pursuant to the Treaty was too saline to be used <br />for irrigation. By the 1970's the water quality issue had reached such a degree of <br />concern that the Nixon administration appointed a special task force to identifY <br />solutions and then propose a recommendation for further negotiation with Mexico. The <br />Task Force was chaired by Herbert Brownell Jr. The recommendations of the Task <br />Force included the proposal to construct and operate the YDP as a means to salvage the <br />return flows and to improve the quality ofthe water delivered to Mexico. Minute 242 <br />and the Salinity Control Act were largely based on the compromises worked out by the <br />Brownell Task Force. <br /> <br />It has been over thirty years since Minute 242 was signed and the Salinity Control <br />Act became law. During that time many actions have occurred that have an effect on <br />how the solution to the salinity problems and reclaiming ofthe bypass flows are <br />viewed. While the features authorized in Title 1 of the Salinity Control Act have all <br />been constructed, the Yuma Desalting Plant has never been operated as once <br />envisioned. There have been a variety of reasons for the decision not to operate the <br />YDP, but the primary reason is that the "Interim Period" provisions, as described in the <br />Salinity Control Act, remained in effect. However, it is now generally agreed that the <br />Interim Period has ended due to increased demand for water in the Lower Basin of the <br />Colorado River and the onset of an "era of limits." <br /> <br />Recommendations of the YDPlCienega Workgroup <br /> <br />2 <br />