12 ‎(6)‎

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

Article ~~ of the ~ ~ Colorado ~i~er ~ornpact con~in the proiion that ~`pre~ent
pefcted ril~t to the benefial use of ~ater~ of the Colorado ~i~er ~yte~ are unnpaired by
this co~pa~=~~ klthou~h tli~ peen poi~ion ~ never been de~~ed by the cou~t~ h
m
~ ~ ne r~aton i tats the eFen~ of a uaiimc~t~ prert p~ e~te r ~~u
~~~e~e di~~~ i~ pare~~~ ~y i mere tin i conit~n ~ ~~~~e ~~ ~ ~~` ~ ~
~npact hil exlude eater riht pcrfeeted prior to ~o~c~bcr ~~~ ~` fro a ail~ent
ca~culation~ It ~ also ~~ofth noin~ that the Arizona ~. California decision interpreted e phrase
~`preent perfected ri~ht~'~ a that pbra~e appears in the boulder canyon Froeet .Act a ~{ell as the
~ ~~ Colorado ~i~ser ~ornpaet~ and the ~uperne ~o~ interpreted it to include mater ri~ht~ that
exited a of dune ~ 4 ~ ~.
chile the obligation of the Jpper l~i~iion Mate at Lee Fern are ~rxed, the hydrology
of the Colorado ~.~°er i~ ~~bl~ ~ariab~e. ~.econ~ructi~ns ~f past na~ra f~~ at Lee Few
suet ri~~er ~o~~~ have been more ~~ariable and drouht mare e~ere and long lasting than
what ~e ha~ae experienced in the ~~~ century. fore recently, climate science has su~ested that
future strea~a flows in the Colorado der ~ysten~ maybe reduced due to climate change.
chile the chances of a compact curta~lrnent sometime in the near future are considered to
be extre~.ely remote, the impact of a curtailment could be de~astatin~ to the econony~ health
and welfare of the Mate of Colorado. Fromm an impact standpoint, a compact curtailment can. be
considered aralo~ous to other binds of disasters that are unlikely but substantial when they do
QCCUr. Therefore, It ~s food policy to develop an. "Insurance' or "conti~l~ency'~ plan () that the
Mate of Colorado is fully prepared. to deal with the impacts of a Colorado F..i~er ~o~pact
curtailment.
Additionally, because pe• ~2 perfected rights are excluded from curtailment, protecting
and preser~in~ the continued beneficial use of these rights should be a policy priority for the
~outh~vestern ~istrict~ ~i~er District and the Mate of Colorado. :~ n~n~ber of Colorado" pre
~ ~2 rights have already been abandoned and others may be abandoned in the ~.ture. there
needs to be a mechanisrn~ to the extent practical, to preserve for ~ture use Colorado's pre-~~~
~~~ate resources.
~~~~. ~~

l~ It is lc al under the 1~ Colorado ~~r ~opact d the 1~ ~~pper Colorado
w ~,.
qx+~~
~~/~y^y^`/ r
~^ ~v ~i i
~~