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WSP12542
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Last modified
1/26/2010 4:16:33 PM
Creation date
7/30/2007 12:00:26 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8282.400
Description
Colorado River Operations and Accounting - Deliveries to Mexico
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
5/1/2001
Author
David and Lucille Packard Foundation
Title
Immediate Options for Augmenting Water Flows to the Colorado River Delta in Mexico - RE-Colorado River-Mexican Delta Issues - 05-01-01
Water Supply Pro - Doc Type
Report/Study
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<br />OOZ'D25 <br /> <br />The U. S. Congress designated the Secretary of the Interior to operate Colorado River dams <br />and reservoirs. In that role, the Secretary has become, in essence, the "water master" of the river, <br />conducting day-to-day operations through the Bureau of Reclamation. Reclamation contracts with <br />water users to allocate water within the wide discretion allowed the Secretary under federal law. <br />Under this authority, the Bureau of Reclamation (UReclamation") prepares and implements annual <br />operating plans and sets other criteria for operating facilities. Reclamation operates the River and <br />delivers water in accordance with water use contracts developed pursuant to Section 5 of the <br />Boulder Canyon Project Act. The underlying premise of this system is a utrickle down" theory that <br />allows water not used by one contractor to be used by junior priority contractors. <br /> <br />The Secretary also has authority to make rules and regulations governing the operation of <br />federal dams and reservoirs. . For example, in 1974, the Secretary promulgated water conservation <br />management procedures that are contained in the Code of Federal Regulations (C.F.R. 43-417). <br />Also, the Secretary adopts both long-term and annual operating criteria. He recendy promulgated <br />the Interim Surplus Criteria that were approved by a Record of Decision requiring review under the <br />National Environmental Policy Act. When new rules or operations are considered, the Secretary <br />must consult with the governors of the seven Colorado River Basin states and. other parties. <br />Reclamation generally seeks input from water-users within each state to determine the quantities of <br />water that they expect to use under existing laws and contracts. Reclamation also consults with the <br />U. S. Section of the International Boundary and Water Commission (lBWq, which has the <br />responsibility for coordinating delivery of water to Mexico under the 1944 United States-Mexico <br />Treaty. The communications received from the governors of the basin states, federal agencies, <br />IBWC, the various water-using. entities, and the public are considered by Reclamation in making <br />recommendations to the Secretary on proposed river management decisions. <br /> <br />Any transfer to Mexico of United States water will need to comply with the Law of the <br />River. For example, one possible solution to bring water to the Delta is to purchase water from a <br />specific Lower Basin contractor. However, for such a transfer to occur, all contract holders and the <br />three lower Basin states would need to waive their rights to use the purchased water. <br /> <br />The 1963 Opinion and the 1964 Decree of the US Supreme Court in Arizona v. California <br />also limits the discretion of the Secretary regarding deliveries of water. Specifically, Artiq,e II (A) of <br />the Decree enjoins the Secretary from releasing water except for uses that satisfy particular purposes <br />in the u.s. It exempts from these priorities any releases by the United States to Mexico unless "in <br />satisfaction of its obligation to the United States of Mexico under the Treaty dated February 3, <br />1944.. .." <br /> <br />Although some have read the decree as precluding the delivery of water to Mexico in excess <br />of 1.5 million acre-feet per year, changes in delivery strategies beyond the Treaty have been agreed <br />upon through agreements (Minutes) between the Mexico' and US Sections of the International <br />Boundary Commission. Minute 242, for example, provided for the construction of the Ywna <br />Desalting Plant and the bypass of Well ton-Mohawk return flows without charge against Mexico's 1.5 <br />million acre-feet per year treaty delivery entidement. A similar mechanism is available to transfer <br />water to the Delta if the two Nations agree. <br /> <br />Due to the intricate legal framework used on the Colorado River, reaching a long-term <br />management strategy for the Delta will be time-consuming and may take many years. In the interim, <br />the Delta habitat may suffer. Therefore, this report attempts to identify mechanisms for bringing <br /> <br />10 <br />
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