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Compacts, Decrees, and Treaties Affecting CO's Water
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Compacts, Decrees, and Treaties Affecting CO's Water
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Last modified
1/26/2010 4:36:53 PM
Creation date
6/1/2009 2:00:40 PM
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Water Supply Protection
File Number
8461.350
Description
Legislation
State
CO
Basin
South Platte
Water Division
1
Author
CWCB
Title
Compacts, Decrees, and Treaties Affecting CO's Water
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Cali.fornia - March 4, 1925, Utah - Mlarch 6, 1929, and Ari.zona - <br />February 24, 1944. <br />Of particular imporzance is the fact that for many years <br />the Arizona legislature refused to ratify the compact, despite <br />the urging of its commissioner. This refusal caused consider- <br />able consternation among the other states, since the compact <br />by its explicit terms provided that it would not become <br />effective until approved by the legislatures of each of the <br />signatory states. This problem was solved by the Boulder Canyon <br />Project Act of 1928. <br />2. Boulder Canyon Project Act of 1928 <br />After the execution of the Colorado River Compact by the <br />signatory states, the state of California renewed its battle to <br />obtain congressional authorization for the construction of the <br />Boulder Dam pro,ject. At the time this battle was renewed, the <br />legislatures of Arizona, California and Utah had not yet ratified <br />the compact. However, it was anticipated that both California and <br />Utah would ratify the compact, but that Arizona would not. This <br />problem was neatly solved by a provision of the Boulder Canyon <br />Project Act passed by Congress in 1928 which specified that the <br />Colorado River Compact would become effective when ratified by the <br />legislatures of six states. Almost immediately after the passage <br />of that act, the states of California and Utah ratified the compact, <br />bringing the total number to six and thus making the compact a <br />reality. <br />The act specifically states that it is subject to the terms <br />of the Colorado River Compact. In order to placate the state of <br />Arizona, the act provided that it would not become e-ffective until <br />the- state of California, by, act of its legislaCure, 1ad -irrevocably ' <br />agreed to limit its consumptive use of water from tt-e Colorado River <br />to 4.4 million acre-feet annually. This the legislature of <br />California did, although reluctantly. However, thiy provision did <br />not satisfy Arizona and it fought the passage of the Boulder Canyon <br />Project Act. The act was supported by all the other states of the <br />Colorado River Basin. The principal purpose of the a:t was to <br />authorize the construction of the Boulder Canyon Dam 3n the lower <br />Colorado River. <br />An extremely significant section of the act autb:orized the <br />states of Arizona, California and Nevada to enter in=o an interstate <br />compact which would divide among those states the 7.i million acre- <br />feet of water apportioned annually to the Lower Basiz by the Colo- <br />rado River Compact. The apportionment suggested by ;ongress was <br />2.8 maf to Arizona, 4.4 maf to California, and .3 ma:: to Nevada. <br />Congress further suggested that Arizona should have :xclusive <br />beneficial consumptive use of that part of the Gila 2iver and its <br />tributaries within the boundaries of the state of Ar'_zona, and that <br />the Gila River should never be called upon to satisfti any agreement <br />-6-
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