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<br />001571 <br /> <br />2002] <br /> <br />THE lAST GREENlAGOON <br /> <br />927 <br /> <br />than 800,000 af of groundwater and surface water across the <br />southern part of the state.l44 As the Lower Basin states come to <br />grips with the fact that current levels of groundwater pumping <br />are unsustainable, the search for alternative supplies will <br />necessarily include the Colorado. <br />California's situation is even more troubling. While California <br />receives 4.4 maf of Colorado River water in normal years, its <br />historic use has exceeded 5 maf,145. and though irrigation <br />currently consumes much of this water, municipal demand is <br />increasing dramatically.146 Due to the relentless growth of <br />Southern California, the Metropolitan .Water District (MWD), <br />which serves the greatest part of Southern California's <br />population, could face a 2.1 maf annual water shortfall by <br />2020.147 <br />Increasing water demands in .the Lower Basin states have <br />been assuaged in part by the fact that the Upper Basin has never <br />used its full apportionment and, as a consequence, adequate <br />surplus flows have continued to reach the Lower Basin. Growth <br />in the Upper Basin; however, will eventually cause these surplus <br />flows to disappear. While the Upper Basin currently uses <br />approximately 4.8 maf of its 7.5 maf apportionment, this use is <br />projected to increase by nearly 1.1 maf by 2050.148 These <br />increased levels of Upper Basin water use will virtually eliminate <br />surplus flows in the Lower Basin in normal to dry years. 149 <br /> <br />B. Increasing the Pressure: Indian Reserved Rights <br /> <br />Indian reserved rights represent another growing source of <br />pressure on Colorado River water resources. The U.S. Supreme <br />Court first developed the federal reserved rights doctrine in <br />Winters v. United States.150 In Winters, the Court held that when <br />the federal government created a. reservation, it impliedly <br />reserved enough water to "fulfill the purposes for which the <br />reservation was made, "151 with a priority date as of the <br /> <br />144. See id. at 56. <br />145. See PONTIUS, supra note 3, at 26. <br />146. See id. at 29. <br />147. See id. <br />148. See FINAL EIS, supra note 71. at Attachment K. Table K-l (the difference <br />between projected 2002 water use and 2050 water use is nearly 1.1 mai)o <br />149. Additionally, most studies predict that global climate change will increase <br />annual flow variations, increase evaporation, and reduce the overall amount of water <br />in the Colorado. See Sue McClurg, Climate Change and Water: What Might the Future <br />Hold, WESTERN WATER, May-June 1998, at 9. <br />150. See Winters v. United States, 207 U.S. 564(1908). <br />151. See SAX ET AL., supra note 63. at 782. <br />