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<br />Section 301 (a) authorized the Secretary to construct, operate and maintain the CAP. It also <br />limits any use of the Granite Reef Aqueduct130 in excess of2,500 cfs to only those times when Lake <br />Powell is full, spilling or making equalization releases pursuant to 602 (a) (3). <br /> <br />Comment: During the current seven-state negotiations Arizona officials suggested that the <br />other states agree to repeal this provision. The other states did not take the offer at which point the <br />CAP representatives said "it really doesn't matter because we ignore it anyway." <br /> <br />Section 301 (b) subordinates the water supply of the CAP to existing perfected uses during <br />times of shortage. As a practical matter, this means that when there is a shortage ofless 1.8 maf/year <br />California's 4.4 maf apportionment is still fully satisfied. <br /> <br />Comment: This provision has a major bearing on the Secretary's current efforts to develop <br />shortage criteria. Subordination was the political price Arizona paid to get California's support for <br />the CAP. Today, the subordination is a major concern for Arizona. I suggest the reader look at the <br />CAP website; cap.-az.com, under "public critical issues" see "restoration of the CAP priority." My <br />reading of the CAP statement is simple; "we made the deal in 1968 to get the project authorized, now <br />we don't like it and we're going to do whatever we can to change it." <br /> <br />Section 501 (a) and (b) authorized and directed the Secretary to "proceed as nearly as <br />practicable with the construction of the Animas La-Plata, Dolores, Dallas Creek, West Divide and <br />San Miguel Projects" concurrently with the construction of the CAP. <br /> <br />Comment: The River District minutes and River District and CWCB testimony is clear. <br />Colorado was concerned that much of the water supply for the CAP was contingent upon the Upper <br />Basin not using its full apportionment for quite some time. This provision was included to guard <br />against Arizona and CAP officials opposing Upper Basin development in order to protect the CAP <br />supplies. A situation that may, in fact, exist today. Of the five projects mentioned, Dolores and <br />Dallas Creek have been completed, a downsized Animas La Plata is under construction and West <br />Divide and San Miguel are considered economically unfeasible by Reclamation. <br /> <br />Section 601 (b) requires the Secretary to make reports as to the annual consumptive use and <br />losses of water from the Colorado River system after each successive five-year period starting on <br />October 1, 1970. <br /> <br />Section 602 (a) is one of the most important provisions of the . It provides Congressional <br />direction to the Secretary on the operation of Glen Canyon Dam and Hoover Dam. This section is <br />important enough to include verbatim: <br /> <br />"Section 602 (a) In order to comply with and carry out the provisions <br />of the Colorado River Compact, the Upper Colorado River Basin <br />Compact, and the Mexican Water Treaty, the Secretary shall propose <br />criteria for the coordinated long-range operation of the of the <br /> <br />130 Granite Reef Aqueduct is the main supply canal which runs from Park to the Phoenix area It is now named the Rhodes-Hayden <br />Aqueduct. <br /> <br />Page -47- <br />