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lID may lose more Colo. River take as feds reconsider past agreements Page 1 of2 EatE PUBLISHING E&E DAILY GREENWIRE LAND LETTER 110 may lose more Colo. River take as feds reconsider past agreements WATER Greenwire 01/17/2003 California may face stricter water restrictions if the Imperial Irrigation District continues with its lawsuit against the Interior Department, warned Interior Assistant Secretary Bennett Raley in a letter sent to four Southern California water agencies on Thursday. In responding to the lawsuit, which accuses the Interior Department of illegally cutting liD's Colorado River supply by 7 percent, Raley said the federal government would have to re- examine past draft agreements, including one in that the federal government agreed not to challenge how liD uses its water. The district has long been accused of lavishly irrigating its fields, but the draft agreement precludes the federal government from responding. Raley said agreements such as this may no longer be acceptable (Nancy Vogel, Los Angeles Times). The water districts "should not assume that earlier drafts of relevant documents, including provisions regarding reasonable and beneficial use, will be acceptable to the United States," Bennett wrote. The term "reasonable and beneficial use" means no water district has the right to waste water. The Interior Department has rarely invoked this provision, but as the water crisis looms in the Southwest, it appears to be coming into play. "Even though they have raised threatening noises in the past, there has been enough water to go around in the end," said Jeffrey Kightlinger, general counsel at the Metropolitan Water District. "Now there is not enough water to go around, and the secretary is going to have to rely on beneficial use." The Interior Department cut 5 percent of the MWD's water supply and 7 percent of the liD's supply earlier this month. A Bush administration official said the liD will have a difficult time defending itself against the provision. "What may have been beneficial uses 100 years ago may not be considered beneficial uses today," the official said. "We are reassessing everything, and it looks like we may not be able to proceed in the same manner" (Dean E. Murphy, New York Times). As a result of the lawsuit, Raley's letter also said the Interior Department could refuse to reverse the cuts it made Jan. 1. Previously the department said it would reverse the cuts once an agreement was reached (James Sterngold, San Francisco Chronicle). At the request of California Gov. Gray Davis (D), the water districts will meet again on Tuesday for another round of negotiations (Seth Hettena, AP/Austin American-Statesman). (All cites Jan. 17.) -- MV http://www.eenews.net/Greenwire/searcharchive/test_search-display.cgi?q=C010rado+Riv ... 3/13/2003