Agenda Item 13

• Board Meeting Date: 3/18/2008
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

Page 4
- Continued preparation of the Colorado River Compact Database, including
scanning, coding and organizing the State's Colorado River documents so as to
assist in any future Colorado River litigation.
9. Mexico Shortage Sharing
The Colorado River Subunit provides legal counsel to the Colorado Water Conservation
Board and the Governor's Representative regarding whether and how Mexico should share in
shortages of the Colorado River System. The Subunit has prepared research memoranda
outlining legal and practical issues for Colorado and the Upper Division States to consider
when negotiating with the Lower Division and Mexico regarding international shortage
sharing in the Colorado River System. The Subunit is also participating in Basin States
meetings with the International Boundary and Water Commission, the U.S. Department of
State, and the Bureau of Reclamation in preparation for formal discussions with Mexico on
shortage sharing pursuant to the 1944 treaty. Finally, the Subunit participates in Basin
States meetings with the International Boundary and Water Commission, the U.S. State
Department, and the Bureau of Reclamation regarding formal shortage sharing discussions
with Mexico. The Subunit provides legal counsel to the CWCB and Upper Colorado River
Commission on matters related to informal meetings conducted among interested
stakeholders in both the United States and Mexico.
10. Central Arizona Project Diversion Rates
Section 1521(a) of the Colorado River Basin Project Act ("Basin Project Act") limits the rate of
diversion of Colorado River water through the Central Arizona Project ("CAP") to 2,500 cubic
feet per second, except under certain limited conditions. Arizona has requested the Upper Basin
States agree to lift this limit via a stipulated provision in the 7-States' Agreement to allow for
augmentation of the Colorado River Supply. In the course of discussions over Arizona's request,
Arizona also disclosed to the Upper Basin States that the Secretary of the Interior had already
allowed Arizona to divert water through the CAP at a higher rate than that provided for by the
Basin Project Act.
The Subunit researched the steps Colorado must take to preserve its ability to object to such
excess diversions. Based in part on the Subunit's research of the legislative history of the Basin
Project Act; the Upper Division States agreed to not stipulate to Arizona's request. Furthermore,
upon researching the steps Colorado must take to preserve its ability to object to the Secretary
authorizing such diversions, the Subunit drafted a letter on behalf of the Colorado Water
Conservation Board to the Bureau requesting CAP diversion data to verify whether and to what
extent CAP diversions are violating the Basin Project Act and causing injury to the Upper Basin.
11. Preparation for Future Colorado River Compact Litigation
One of the concerns underlying the creation of the Colorado River Subunit was the potential
for interstate litigation regarding the Colorado River Compact. The Lower Division States
appear to have invested much more time in preparing for such litigation than the Upper
Division States. For example, Arizona has retained outside counsel to assist with litigation