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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 />002045 <br /> <br />example, as parcels of land or the associated water rights are sold or leased, CNA registers those <br />changes in the REPDA and adjusts water deliveries to the individual modules accordingly. <br /> <br />Irrigation rights are tied to parcels of land. Under CNNs current practice, such rights are <br />allocated within the district, based on a formula that assigns a specific volume of water based on the <br />size of a parcel. An assigned water right is registered in the REPDA with a reference to the size of a <br />parcel and not by a specific volume of water.22 The calculation of the volume of water granted to <br />every parcel holding an irrigation right can vary from year to year, depending on availability, as <br />detennined by CNA. However, this is not an issue in District 014 because of the stable water supply <br />from the Colorado River assured under the Treaty, as well as reliable supplies of groundwater. <br /> <br />Under the water allocation rules applicable in Irrigation District 014, urban, industrial, and <br />domestic water uses take priority over agricultural uses.23 As discussed below, the new draft rules of <br />operation will distribute quantities of water among users, in proportion to the volumes of water <br />previously assigned to each user without regard to the type of use. 24 <br /> <br />The duration of an irrigation right is uncertain in light of the pending rules. Irrigation rights <br />issued prior to 1992 and registered in the REPDA are valid for at least ten years from December 1, <br />1992 - the date of entry into force of the NWL. 25 Thus, any such rights will be valid at least until <br />2002. However, holders of irrigation rights are also made subject to all limitations applicable to <br />concession holders, and the law specifies that concessions have a term of up to 50 years. Although <br />it is not clear whether the sunset provision on pre-1992 irrigation rights will be enforced by CNA, it <br />seems unlikely that it will, given CNNs delay in bringing the irrigation Rights System into <br />conformity with the concession system. <br /> <br />Most of the water rights available for purchase in District 014 are irrigation rights. Such <br />right$ may be changed from an agricultural use to other uses, as long as there is a prior authorization <br />from the lrrigatiqn District (CNA), and the new,use is in accord with the NWL. 26 CNA officials in <br />Mexicali have confirmed that approval is generall.y granted. A concession title - not an irrigation <br />right - is issued to the transferee. In this way, the change'in water use is used as a way of converting <br />old irrigation rights into the new concession titles, and merging the two water management systems <br />into the new concession system. <br /> <br />The transfer of irrigation rights is still governed by the rules of operation27 enacted by <br />Irrigation District 014 in 1964, prior to the adoption of resource conservation principles in most. <br />laws in Mexico. Although the 1964 rules are not very detailed in their description of the <br />requirements for transferring irrigation rights, a transfer is allowed, as long as a water right is sold <br />jointly with the parcel to which it attaches as registered in the REPDA.28 Draft rules of operation to <br />replace the 1964 rules for District 014 are pending approval by CNA headquarters ,in Mexico City.29 <br />The draft rules are more flexible in allowing the transfer and change of use of irrigation rights. For <br />purposes of this report, we assume that the proposed rules will be adopted. <br /> <br />Under Articles 56 and 59 of the draft rules of operation for the district, the transfer of <br />irrigation rights for use other than irrigation also will require the prior approval of the General <br />Assembly of Users within each irrigation unit, or module (modulo). According to CNA, however, <br />such approval would only be necessary if the transferee planned to use the irrigation unit's <br />distribution infrastructure. <br /> <br />30 <br />
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