PUB00155

• Year: 2007
• Title: The Colorado River The Story of a Quest for Certainty on a Diminishing River
• CWCB Section: Administration
• Author: Eric Kuhn
• Description: The Colorado River The Story of a Quest for Certainty on a Diminishing River
• Publications - Doc Type: Other

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Comment: The Commission's findings are obviously very data intensive. It will be important
for each state to have the necessary data. The Commission will have a challenging task to
sort out and make sense of the different consumptive-use methodologies used by the states.

The remainder of the compact deals with the operations, funding and duties of the
Commission, how to account for reservoir evaporation, and how to address a number of tributary
specific issues. For example, under Article XN, Colorado agrees to subordinate its post 1948 uses
ofthe San Juan River and its tributaries to the extent necessary for New Mexico to make full use of
its 11.25% apportionment. To date, this has not been a problem, but it could be in the future.

Colorado River Storage Project and Participating Projects Act

After ratification of the 1948 Compact, the Upper Basin States sought federal legislation to
assist with the comprehensive development of the Upper Basin. On April 11 , 1956 Congress passed
the Colorado River Storage Project and Participating Projects Act (CRSP A).103

Section 1 (1) authorized the Secretary to construct, operate and maintain Glen Canyon,
Flaming Gorge, Navajo and Currecanti (now Aspinall) storage units. The Aspinall Unit was
authorized contingent on a further finding of economic feasibility by the Secretary.

Section 1 (2) authorized the Secretary to construct, operate and maintain additional
Reclamation projects and referred to these as participating projects.

Section 2 authorized the Secretary to carry out further investigations on a large list of other
participating projects.

Section 5 set up a mechanism for funding the operation, maintenance and replacements and
for the repayment of the federal investments in the project. This is referred to as the Upper Colorado
River Basin Fund or "Basin Fund."

There is a misconception that the Basin Fund creates a pot of money for'the development of
water projects in the' Upper Basin States. That is not the case. The Basin Fund sets up and apportions
a repayment mechanism for the use of power revenues to pay for the irrigation features of projects
beyond the ability of the irrigators to pay. However, Section 5 (e) is clear that "Revenues so
apportioned to each state shall be used only for the repayment of construction costs of participating
projects or parts of such projects in the state to which such revenues are apportioned."I04

From the Upper Basin's perspective, the prime accomplishment ofthe CRSP A has been the
construction of Glen Canyon Dam which impounds Lake Powell. Lake Powell has a capacity of

103 70 Stat. 105. (1986).

104 The act allows the irrigation features to be repaid at any time over a 50 year period without interest. So, from a cost perspective,
the repayment is largely fictional. I'm still looking for a banker that will allow me to payoff a 50 year mortgage in years 46 to 50 only
at 0% interest.

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