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<br />
<br />THE
<br />CHANGING
<br />ROLE OF TH E
<br />SECRETARY ON
<br />TH E COLORADO
<br />RIVER
<br />
<br />For others, the allegations made about the projects, or
<br />the conditions which were to be imposed were
<br />sharpened so that the basis of the challenge was clear.
<br />The early, less detailed announcement was made
<br />because the President's first budget was going up and
<br />it went up with the 30. Once the Water Project
<br />Review was done, the President sent up a supplemen-
<br />tal budget which showed amendments to the so-
<br />called hit list. That appropriation bill was fought out
<br />that year. It became clear to most of us, frankly, that,
<br />in spite of all the controversy, there appeared to be
<br />enough [votes] to overcome a veto. If the President
<br />vetoed it, his veto could be sustained. I think that the
<br />Congress recognized this fact, and at the end, there
<br />was a deal struck, and concessions were made with
<br />regard to a number of the projects, but the President
<br />vetoed that appropriation anyway.
<br />Those of us who worked on it, suffered on it and
<br />had gone to the wall to try to support it were pretty
<br />disappointed becausewe thought we could have
<br />sustained some-
<br />thing better than
<br />we actually got that
<br />year. But, in any
<br />event, that's what
<br />happened.
<br />The CAP was a
<br />prime Colorado
<br />River example.
<br />There were a
<br />number of com-
<br />ments made about
<br />the CAP that dealt
<br />with economics
<br />and other things.
<br />But the one that is
<br />worth highlighting
<br />here is the idea of
<br />asking Arizona to
<br />impose a groundwater code so that when the CAP
<br />was funded and water was brought into the state, it
<br />would not simply be a way to subsidize the continued
<br />mining of groundwater.
<br />At the outset, Bruce Babbitt and I spent a lot of
<br />time talking with Andrus and others about this very
<br />point. In the beginning, Bruce was very angry and
<br />somewhat frightened, I think, about it. He was
<br />Attorney General for the remainder of that year,
<br />facing Evan Meecham for governor. Once Bruce won
<br />that election, he relaxed a little bit. From that point
<br />forward, Bruce and I and the Secretary played a little
<br />game in which Bruce would call us up when he
<br />needed the drums to be beaten about CAP funding in
<br />order to get progress from the Arizona Legislature on
<br />a groundwater code. Ultimately, a groundwater code
<br />
<br />We were literally
<br />pilloried, tarred and
<br />feathered and ridden out
<br />
<br />of town for suggesting
<br />
<br />cost sharing in the
<br />
<br />
<br />SYMPOSIUM
<br />PROCEEDINGS
<br />SEPTEMBER 1999
<br />
<br /><9
<br />
<br />amount of 5 percent.
<br />
<br />How would you like
<br />that deal today?
<br />
<br />- Guy Martin
<br />
<br />was enacted. There was also litigation in Arizona
<br />which made it important, almost mandatory, to have
<br />a groundwater code, but it wasn't moving very
<br />quickly.
<br />Congressman Udall, by the way, when the CAP
<br />was challenged said, "The President of the United
<br />States has issued a challenge to water projects across
<br />the Western United States and it is a valid and good
<br />challenge, raising issues that are long overdue. I plan
<br />to support it, except that he's made a mistake on one
<br />single project [the CAP]. And for that reason," he
<br />said, "I intend to take a statesmanlike role on this,
<br />that is, I will do whatever my state wants me to do."
<br />We went into the next appropriation cycle and the
<br />President persevered. The same challenges went up
<br />again - no funding for some projects. There were
<br />many angry hearings. At that point, the criticism
<br />changed to the fact that the President was not basing
<br />his challenge to these water projects on any signifi-
<br />cant policy. Now, that was not exactly fair condemna-
<br />tion because no other president had a comprehensive
<br />policy on water in this century. But this was the
<br />attack.
<br />Carter decided that he would have a comprehen-
<br />sive policy on water and he set up a vast structure to
<br />construct it. That effort included innumerable
<br />working groups, cooperation with the states, to the
<br />extent that they would cooperate - there was a terrific
<br />amount of distrust - public hearings, a lot of research
<br />and other things. It took over two years but, ulti-
<br />mately, the Carter water policy was issued. I was just
<br />talking to David Getches and I agree with his
<br />conclusion - this water policy holds up very well. It
<br />addressed issues, like Indian water rights, in a way
<br />that proved useful during the '80s as some of these
<br />controversies were trying to be negotiated; it ad-
<br />dressed water conservation; and it broached cost
<br />sharing in a comprehensive way. In fact, this will give
<br />you a laugh. We were literally pilloried, tarred and
<br />feathered and ridden out of town for suggesting cost
<br />sharing in the amount of 5 percent. How would you
<br />like that deal today? But the water users just thought
<br />that was the most outrageous thing in the world that
<br />it would be 5 percent.
<br />When I look back at the Colorado River issues
<br />during the Carter era, and Secretary Andrus agreed
<br />with me, it really wasn't so much that there was a
<br />focus on the Colorado River. There was work done
<br />on allocations and there was the usual pot-stirring
<br />that went on down there, but basically the work that
<br />Andrus and the Carter Water Policy did was to set a
<br />series of standards that applied to the Colorado, in
<br />fact, they applied to the entire Western water project
<br />mentality and proposed standards for how they were
<br />going to be treated in the future.
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