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<br />001444 <br /> <br />In 1975 the Forum established Basinwide salinity standards <br /> <br />and developed a plan of salinity control.43 The emphasis of <br /> <br />the plan has been on the construction of the Federally-- <br /> <br />funded projects authorized by the CRBSCA. <br /> <br />The Forum's <br /> <br />approach has withstood a court challenge from the Environmen- <br /> <br />tal Defense Fund under the Clean Water Act and the National <br /> <br />Environmental Policy Act, 42 U.S.C. fi432l et seq. (1976).44 <br /> <br />The salinity problem is now perceived to threaten <br /> <br />users throughout the entire Basin, although Upper Basin <br />agricultural interests are probably in the least jeopardy.45 <br /> <br />Irrigation, storage and often transbasin diversions increase <br /> <br />salinity through the processes of salt loading and salt <br /> <br />concentrating. 46 While the salt content of the River appears <br />to have stabilized for the time being, a long-range solution <br /> <br />has yet to be achieved. Further increases in salinity levels <br /> <br />could lead to restrictions of water use in both Basins. <br /> <br />III. UNINTENDED EFFECTS OF THE LAW OF THE RIVER UPON WATER <br />USE IN THE UPPER AND LOWER BASINS <br /> <br />A. The Great and Growing Deficiency of Water <br /> <br />Unfortunately, the mathematics of the law of the River <br /> <br />simply have not worked: the sum of the parts is greater than <br /> <br />the whole. The Compact apportions in perpetuity to the Upper <br /> <br />Basin 7.5 m.a.f. per annum; it apportions in perpetuity to <br /> <br />the Lower Basin 7.5 m.a.f. per annum and allows it another <br /> <br />1.0 m.a.f. under Article III(b}i and the Mexican Treaty <br /> <br />assures Mexico another 1.5 m.a.f. for a total of 17.5 m.a.f. <br /> <br />-19- <br />