WSP12637

• File Number: 8282.300
• Description: Colorado River Operations and Accounting - Lower Basin Administrative Procedures
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/1/1996
• Author: DOI-BOR
• Title: Description and Assessment of Operations-Maintenance and Sensitive Species of the Lower Colorado River - Volume I - Report - 08-01-96
• Water Supply Pro - Doc Type: Report/Study

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Secretary as the Waterrnaster. The act made a mainstream basic apportionment of 7.5 maf to
the three lower Division States in the following manner: Arizona 2.8 maf, California 4.4
maf, and Nevada 300,000 acre-feet of consumptive use per year. The act requires that all of
the entitlements to Colorado River water existing as of the effective date of the act be met
prior to anyone else receiving any additional Colorado River water. It requires that all
parties using Colorado River water shall have a contract with the Secretary for the use of
Colorado River water and the contract term shall be for permanent service. The Secretary is
prohibited from releasing any Colorado River water unless the water is scheduled by an
entitlement holder for beneficial use or the water is released for flood control releases.
Section 13(a) approved the 1922 Compact, and Section 16 requires the Secretary to consult
with the States.

The Mexican Water Treaty of 1944 (between the United States of America and the United
States of Mexico) further defined the apportionment of Colorado River water.

The United States Supreme Court Decrees in Arizona vs. California. et al., of 1964, 1979,
1984.

The 1964 Decree, in Article II, states "The United States, its officers, attorneys, agents and
employees are hereby severally enjoined:

"(A) From operating regulatory structures controlled by the United States and from
releasing water controlled by the United States other than in accordance with the
following order of priority:

(1) For river regulation, improvement of navigation, and flood control;

(2) For irrigation and domestic uses, including the satisfaction of present
perfected rights; and

(3) For power;

"Provided, however, the United States may release water in satisfaction of its
obligations to the United States of Mexico under the treaty dated February 3, 1944,
without regard to the priorities specified in this subdivision (A);

"(B) From releasing water controlled by the United States for irrigation and domestic
use in the States of Arizona, California and Nevada, except as follows:

(1) If sufficient mainstream water is available for release, as determined by
the Secretary of the Interior, to satisfy 7,500,000 acre-feet of annual
consumptive use in the aforesaid three states, then of such 7,500,000 acre feet
of consumptive use, there shall be apportioned 2,800,000 acre feet for use in
Arizona, 4,400,000 acre feet for use in California, and 300,000 acre feet for
use in Nevada;

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