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<br />'-- <br /> <br />on1596 <br /> <br />952 <br /> <br />ECOLOGY lAW QUARTERLY <br /> <br />[VoL 28:903 <br /> <br />Colorado River water interests represent billions of dollars worth <br />of productive agriculture, business, industry, and the domestic <br />needs of tens of millions of people. Their political power is <br />evident from their unchallenged enjoyment of enormous federal <br />subsidies - in the form of huge irrigation systems, massive <br />dams, gigantic aqueducts, salinity control projects, and <br />inexpensive power.297 The water projects themselves, <br />manifestations of the Reclamation vision of 'making the desert <br />bloom,' still enjoy great cultural legitimacy in the American <br />West.298 The events surrounding the gSA demonstrate the <br />extraordinary tenacity with which the Colorado's water interests <br />will hold onto their rights, and grasp for more, even in the face of <br />undeniable scarcity and determined attempts to restrict water <br />use.299 <br />Any effort to secure long-term water for the Delta will thus <br />face significant opposition unless it can be made politically and <br />economically acceptable to. existing stakeholders. With this in <br />mind, we evaluate four recent proposals to .move water to the <br />Delta. Ultimately, we conclude that voluntary, compensation- <br />based solutions that do not challenge. the basic structure of the <br />Law of the River offer the greatest potential for returning water to <br />the Delta. <br /> <br />A. Using Federal Law to Coerce Change: The pocfft.c Institute <br />Proposal and Defenders of Wildlife v. Babbitt <br /> <br />Environmental organizations have sought to. use .various <br />federal environmental laws to challenge the existing allocations <br />of Colorado River water and restore water to the Delta. Water law <br />has traditiOnally been focused primarily on water rights, and has <br />involved primarily issues of state law. As our discussion of the <br />Law of the River demonstrates, however, federal law enjoys an <br />ever-increasing role in water law and the administration of water <br />rights - particularly with regard to interstate rivers like the <br />Colorado. Similarly, federal environmental statutes such as the <br />National Environmental Policy Act (NEPAl, the Clean Water Act, <br />the Wild and Scenic Rivers Act, and the Endangered Species Act <br /> <br />297. For an excellent discussion of the history of the Reclamation Era, dam and <br />irrigation project construction, and federal subsidization of water projects, see <br />REISNER, supra note 1. <br />298. See generally REISNER, supra note 1. <br />299. See discussion of the events leading to the Quantification settlement, supra <br />notes 254 - 269 and accompanying text. Despite Secretary Babbitt's severe warnings <br />that water use would be restricted, MWD, IID, and CVWD continued to jockey for <br />position. <br />