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<br />001985 <br /> <br />Pitt et aI, August 2001. Replacing the Bypass Flow On The Colorado River <br /> <br />FEDERAL OBLIGATION TO REPLACE BYPASSED WATER <br /> <br />By 1973 Mexico and the United, States had agreed to amend the 1944 Rivers Treaty with Minute <br />242, which set a salinity standard tor C~lorado River water delivered to Mexico. The CRBSCA <br />followed in 1974, authorizing the works required to meet the provisions of the Minute. The <br />CRBSCA established replacement of bypassed water as a Federalobligation,16 and authorized a <br />variety of projects including: <br /> <br />e L.'Tigation-efficiency improvemems for Wellton-Mohawk IDD; <br />. Lining 49 miles of the Coachella Canal; <br />. Buyout and retirement of 10,000 acres of Well ton-Mohawk l~d; <br />. Protective and regulatory pumping unit (pumping of up to 160,000, acre-feet of <br />groundwater north of the border to augment flows and fonlilution); <br />. Construction oithe Yuma Desalting Plant to process the byp~s flow and return it to the <br />Colorado River; and <br />. Construction of bypass drain in U.S. and Mexico to the Santa Clara Slough (i.e., ,the <br />Cienega de Santa Clara). <br /> <br />These authorized projects have been implemented with one exception: the Yuma Desalting Plant <br />was built but has never operated at full capacity.17 Nevertheless, the US has to date been able to <br />meet the ~inute 242 s~iI1itY ~~dard. <br /> <br />Lining of the Coachella Canal was completed in 1982, and the '130,000 acre-feet conserved <br />annually has effectively comprised the United States' replacement of water removed from the <br />Colorado River to meet the terms of Minute 242 (the bypass flow). At some point in the future, <br />however, the interim period during which the federal government may take credit for water <br />conserved by the lining of the, Coachella canal may end.I8 Environmental organizations,19 the <br />, Colorado River Board of California2o and the Colorado Water Conservation Board21 have argued <br /> <br />1643 U.S.C. ~ 1571 (c). <br />17 The Yuma Desaiting Plant was operated briefly at 1/3 capacity in 1992 for testing. <br />1843 U.s.C. ~ 1571 (a) "The Secretary is authorized to construct'a new concrete-lined canal, or, to line the <br />presently unlined portion of the Coachella Canal of the Boulder Canyon project, California, from station 2 plus 26 <br />to the beginning of siphon numbered 7, a length 'of approximately forty-nine miles: The United States shall be <br />entitled to a temporary use ofa quantity of water, for the purpose of meeting the salinity control objectives of <br />Minute 242, during an interim period, equal to the quantity of water conserved by constructing or Hiring the said <br />canal. ' The interiln period shall commence on the completion of construction or lining the said canal and shall end <br />the first year that ~e Secretary delivers mainstem Colorado River water to California in an amount less than the sw,n <br />of the quantities requested by (1) the California agencies under contracts made pursuant to [section 5 of the Boulder <br />Canyon Project Act (45 Stat. 1057)], and (2) Federal establishments to meet their water rights acquired in California, <br />in accordance with the Supreme Court decree in Arizona,against California (376 U.S. 340)." <br />19 Letter from Jennifer Pitt, Environinental Defense, et aI., to Robert Johnson, Director, Lower Col~rado Regional <br />Office, Bureau of Reclamation, July 6, 2001. This letter states that as California has not yet requested delivery of <br />Colorado River water in excess of the quantity delivered by the Bureau of Reclamation, the interim period during <br />which the federal government can take credit for water conserved by the Coachella Canal lining continues. <br />20 Letter from Gerald R. Zimmerman, Executiv~ Director, Colorado River Board of California, to Robert Johnson, <br />Director, Lower Colorado Regional Office, Bureau of Reclamation, August 1, 2001. <br />21 Randy Seaholm, Chief, Water Supply Protection, Colorado Water Conservation Board, personal communication, <br />8/7/01. <br /> <br />4 <br />