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• Board Meeting Date: 11/18/2008
• Description: WSP Section - Colorado River Water Banking Concept
• Board Meetings - Doc Type: Memo

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~olorada ~~~ ~ abli~ation with the aver states of the Capper Division under ~-,rticle
~d~ of the ~ ~~~ ~olara.do diver ~arnpact to ~`nat cause the ~lo~v of the river at lee Ferri to he
depleted helo~v an a~~re~ate of ~~,~~a,ooQ acre~feet for and period often consecutive dears.';
Further, ~.~ ~ part of the Capper T~ivision under article ~~ ~c~ olarado shares in an ohCi~ation to
"deliver at ~,ee Few eater to supply one-half of the deficiency so reca~ni~ed in addition to that
prodded in paragraph ~d.`' the terms "de~cienc~" refers to the quantity of eater the united
Mates must supply to the ~.epublic of ~eico under the ~~4 ~`reat, "v~henever necessar~~' if
surplus v~aters are not available.
C.~nder ~o~orado's interpretation of the ~or~pact, ~ "deficiency'' has never occurred. Fven
if it has occurred, such a "de~icienc~" has never been fornall~ quantified. ~o~ever, it is lil~el~
that in the future, the 1 ~~~ ~olarado diver ~a~pact parties mill, either thrau~h ~eatiation or
litigation, determine whether a "deficiency" has occurred and, if so, the quantification of such a
"deficiency.".
n 1 ~~~, Colorado entered into the Capper ~olarado Tiver ~~.in a~pact ~4$
~arnpact}. ~`he purpose of the 9~~ ~ornpact includes `the equitable division and apportiann~.ent
of the use of the ~aters..~. apportioned in perpetuity to the Clpper ~asin~, and "to establish the
obligations of each Mate of the Capper division with respect to deliveries of eater required to be
made at fee ~'err~.~~
~.rticle ~ of the 1 ~ ~onpact apportia~ed to Colorado ~ s~~ of the eaters ~~available
deter~inin~ the a~aunt of $ater ~lorado and its sister states of the .~ppcr ivi~ion ha3e t
proiide in the e~ent of ~~curtai~ent of the use of eater b the Mates cif the upper ivison t
~~ ~ ~ ~ ~~ ~~~~ ~rd~~ tit t # ~ ..~ ~~~ X11 ~~t ~~~ Rio F
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