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<br /> <br />4 UDENWLR 290 <br />4 U. Denv. Water L. Rev. 290 <br />(Cite as: 4 U. Denv. Water L. Rev. 290) <br /> <br />Page 9 <br /> <br />Ultimately, of course, the Commissioners arrived at a delivery obligation by the Upper Basin predicated on a ten-year <br />running average and not contemplated on a one-year minimum delivery obligation. Clearly, the basis for this understanding <br />was the assumption that Congress would approve, at some point, the comprehensive development of regulatory storage <br />throughout the entire basin. Congress did lay this foundation for such development in the 1928 Boulder Canyon Project Act. <br /> <br />III. THE 1928 BOULDER CANYON PROJECT ACT <br />After the representatives of the states and the federal government negotiated the Compact, the Compact needed each of the <br />States' ratification and Congress's consent. State ratification proved to be a challenging undertaking. By 1928, when <br />Congress passed the Boulder Canyon Project Act, [FN591 only four of the seven states had ratified the Compact. [FN601 <br />Arizona was particularly adamant in its opposition to the Compact and refused to ratify. To bypass recalcitrant Arizona, the <br />effectiveness of the Boulder Canyon Project Act was contingent upon California limiting itself to total water consumption <br />from the Colorado River of 4.4 million acre-feet per year ("m.a.f./yr"), and upon ratification of the Compact by any six states, <br />including California. [FN61l California almost immediately passed the California Limitation Act [FN621 and ratified the <br />Compact. Ratification by Utah followed, and the Boulder Canyon Project Act became effective. [FN631 Soon after, in the <br />1931 California Seven-Party Agreement, [FN64] the major California entities agreed among themselves on the priorities <br />within California. <br /> <br />*307 After the Compact negotiation, and pending state ratification and congressional consent, discussions arose over who <br />would build and pay for the monumental works contemplated by the states. Possible candidates included the federal <br />government, irrigators, power customers, or private entities. Additionally, the states worried about their respective <br />jurisdictional responsibilities and the authority of the Federal Power Commission if a private entity constructed a major dam. <br />This debate did serve to make one fact perfectly clear: the construction and operation of any major facility on the Colorado <br />River was too big, and the international and interstate issues too complex, for anyone other than the federal government to <br />undertake. [FN651 <br /> <br />The federal government did undertake this responsibility in 1928, when the Boulder Canyon Project Act authorized the <br />construction of the Hoover Dam and the All-American Canal. As&e'states would later see in the United States Supreme <br />'C6'Uff'deets'foil'TirArizona v. California, {FN6JHthe Boulder Canyon Project Act also represefited a major step by Congress in <br />ili'e:,0tmposidofioffederal authority (albeit with the consent of and in coordination with the states), in the allocation, <br />regUlation, and management ofthe.Colorado River. <br /> <br />The Upper Basin interests also pursued their idea of comprehensive storage development. They secured in the 1928 <br />Boulder Canyon Project Act a provision authorizing the Secretary of the Interior to study and report to Congress, on a <br />comprehensive and coordinated basis, the potential development of water projects throughout the Basin. rFN671 <br /> <br />The Depression and World War II delayed the comprehensive study authorized in 1928. Once completed in 1946, the study <br />maintained the theme that one could not accomplish coordinated storage on or management of the Colorado River without <br />first securing interstate allocations. The study recommended that the Upper Basin States divide the waters among themselves <br />through their own interstate compact, so as to allow this development to occur. [FN681 <br /> <br />IV. THE 1931 CALIFORNIA SEVEN-PARTY AGREEMENT <br />Although the Boulder Canyon Project Act authorized the Secretary of the Interior ("Secretary") to allocate water by contract <br />among water users in the Lower Basin, the Secretary requested that California water users provide him with <br />recommendations regarding how to make the allocation within California. The Seven-Party Agreement ("Agreement"), <br />between the major water agencies in California, made that intrastate apportionment. The Agreement allocated the fIrst 3.85 <br />m.a.f. of water delivered to California to agricultural uses in the Imperial, Coachella, and Palo Verde areas, and to the Yuma <br />Project of *308 the Bureau of Reclamation. The Agreement allocated the next two priorities, totaling 1.212 m.a.f., to the <br />Metropolitan Water District of Southern California. [FN691 The Agreement allocated subsequent priorities to agricultural <br />agencies. The priorities, and the agencies assigned them, are important to a clear understanding of current issues relating to <br />California's use of water. Table I shows the allocation of priorities made by the Agreement. <br /> <br />Table I: California Seven-Party Agreement Priorities <br />TABULAR OR GRAPHIC MATERIAL SET FORTH AT THIS POINT IS NOT DISPLAYABLE <br />*309 There are two important points to note concerning these allocations under the Agreement. First, the Agreement <br /> <br />@ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. <br />