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<br />The Next Step: A Major Water Transfer <br />Because lID is by far the largest water user on the Colorado River, the pressure to conserve has been building <br />for many years. In 1995, the board of directors adopted a set of principles contained in a resolution known as <br />"lID-2000." In it, directors formally confirmed their intention to fund water conservation measures through a <br />market-based water transfer program. This eventually led to negotiations with the San DiegoCounty Water Au- <br />thority which likely will lead to lID's next and largest conservation effort. <br />lID's goal is to secure and protect its water rights by conserving and sharing with a neighbor who is willing to <br />underwrite the cost of conservation. <br />San Diego's goal is to obtained a secure water supply and diversify its water sources. By gaining funds to imple- <br />ment additional on-farm and system improvements lID will generate at least 200,000 acre-feet of conserved water. <br />It is this water that will actually be leased to San Diego. <br />Such a transfer would also benefit farmers by providing incentives to participate in conservation programs. It <br />would help suppliers and contractors who would provide materials and labor which would benefit the community <br />at large with a major economic stimulus. <br />Conservation measures being explored for this program include continued system improvements. But much <br />would be done on-farm, including improved irrigation systems, tailwater reuselcontrol and a variety of other tech- <br />mques. <br /> <br />A Conservation Mentality <br />The success of past conservation programs and the aggressivepursuit of new conservation efforts have firmly <br />established lID as a national leader in conservation practices. This national reputation aside, the most critical <br />outcome of all these efforts is the growing amount of conserved water available to other people for other uses. <br />lID's board remains firmly committed to this approach. <br /> <br />Water Rights in the Imperial Valley <br />Blessed with leaders of great foresight nearly a century ago, the people of the Imperial Valley today possess <br />secure water rights that have been passed down from generation to generation as the Valley grew. Now, other <br />Colorado River water users are looking closer at these entitlements. One, the Coachella Valley Water District is <br />raising the decibel level of discussions aimed at preventing what the state and federal governments are encourag- <br />ing, i.e. legally-allowed water transfers. For this reason, a quick review of lID's water rights is helpful. <br />State Water Rights: Imperial Valley possesses water rights that predate all major agreements under which it <br />now operates. Over the years, it has chosen to bind itself to agreements that serve the needs of its Southern Cali- <br />fornia and southwest neighbors. <br />The Colorado River Compact (1922), The Boulder Canyon Project Act (1928) and the Seven Party <br />Agreement in 1931 identify the main body of California's water allocations. lID's appropriations in the late 1890s <br />amounted to approximately 7 million acre-feet per year. These rights became the basis for a large part of the <br />lower basin's Colorado River water rights, including California's apportionment. lID also agreed to allow Coach- <br />ella Valley to join the District (CVWD refused the offer). <br />The 1934 Compromise Agreement offered Coachella Valley Water District another opportunity to join lID <br />and have an equal share of lID's water rights as the rest of the District. Instead, CVWD agreed by contract that all <br />of its water uses would have a lower priority than those of lID. <br />Within the framework of these water agreements, both California and federal water law and policy promote <br />the conservation and transfer of water to meet the growing water needs within Southern California. lID and the <br />SDCWA are negotiating an agreement that follows this law and policy. <br />Careful analysis of the pertinent compact, statutes, cases, and state and federal regulations clearly establishes <br />that a lease of conserved water by lID to the Authority is authorized under both state and federal law and is not <br />prohibited by lID's contract with the Secretary of the Interior or by other contracts lID has made with other users <br />of Colorado River water. A few points can summarize this review: <br />In Arizona v California, (1964) the U.S. Supreme Court recognized that the 1922 Colorado River Compact <br />and the Boulder Canyon Project Act protected lID's present perfected rights as having priority over other <br />rights and superior to those under any other lID contract or agreement. <br />Neither the Seven Party Agreement nor the 1934 Compromise addresses transfers of conserved water <br />and it is clear that the parties who negotiated the agreements did not envision such transfers. The principle pur- <br /> <br />3 <br />