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<br /> <br />THE <br />CHANGING <br />ROLE OF TH E <br />SECRETARY ON <br />THE COLORADO <br />RIVER <br /> <br />JOSEPH SAX, FORMER COUNSELOR TO <br />THE SECRETARY OF THE INTERIOR, <br />CUNTON ADMINISTRATION <br /> <br />I'm in the unenviable position, as contrasted with <br />at least two of my colleagues on the panel, in that <br />memories of the current administration's Colorado <br />River policy have not dimmed. Unfortunately, as I <br />look around, I see a number of the principals - or <br />victims as they may view themselves - of that policy. <br />So it's a little difficult to know exactly what to say. <br />I thought it might be of some interest to give you <br />a sense from my perspective of how the current <br />Secretary's posture toward Colorado River issues <br />developed. Every Secretary, among the myriad issues <br />presented with which he has to deal, always affords <br />some issues particularly high priority, issues that are <br />thought to be of special importance. That certainly, <br />in my observation, has been the case with Secretary <br />Babbitt. <br />One question is how these Colorado River issues, <br />and I'm thinking particularly of the Lower Colorado, <br />moved up on the scale. Among water issues one could <br />identify, I'm not sure what the right number is, <br />certainly a handful have been [Babbitt's] special <br />priorities, among them the Platte, the Bay-Delta, the <br />Everglades and the Colo- <br />rado River. <br />My own sense is that <br />there was some consider- <br />able hesitation about <br />making these current <br />negotiations over the <br />Colorado River a high <br />priority item, even though <br />for the first time, the Lower <br />Basin beginning in 1996, <br />was using its full seven and <br />a half million acre foot <br />share. It was clear that in <br />not too many years, Nevada <br />wouLd get to the point <br />where it would exceed its limited entitlement. I think <br />the conventional view is, "We've reached a crisis: <br />something had to be done," but I would suggest to <br />you that's not necessarily the case. I believe it would <br />have been possible to just let these Colorado River <br />issues limp along and pass them on to the next <br />administration, or the next, by at least two devices. <br />One, just to rely on surpluses and some management <br />of surplus policy so that you could sort of keep things <br />going for a considerable period of time. Obviously <br />nobody knows exactly how long. And/or, alterna- <br />tively, since the problem was particularly focused in <br />terms of quantity on the Met's [MWD of Southern <br /> <br />The Secretary <br /> <br /> <br />wanted to show <br /> <br />that it was <br /> <br />possible to make <br /> <br />the Endangered <br />Species Act work. <br /> <br />SYMPOSIUM <br />PROCEEDINGS <br />SEPTEMBER 1999 <br /> <br />~ <br /> <br />- Joseph Sax <br /> <br />California] excess diversion, to allow litigation to go <br />forward between the Met and the Imperial Irrigation <br />District over questions of waste. <br />It was an important and, I think, significant fact <br />that Secretary Babbitt decided that was not the way <br />to go; that this was an important issue;. that it needed <br />to be and ought to be resolved; and that this was <br />something that he, as Secretary, could leave behind as <br />one of his important accomplishments. So he made <br />the decision to put substantial resources, I don't mean <br />in dollars, but in terms of the human energy of the <br />Department, into trying to get the problem resolved. <br />He had, I think, a clear notion about what ultimately <br />a sensible resolution of those problems would be and <br />why getting to some such resolution would be an <br />important legacy to leave behind. <br />It's nothing very complicated, nothing very <br />obscure. It is simply that, in a situation like this- <br />which is a common situation in the arid West where, <br />in one form or another, demand is outrunning <br />existing supplies - you've simply got to put into place <br />some mechanism whereby water can be reallocated so <br />that you can meet demand on an acceptable basis <br />with the existing supply. People usually use terms like <br />marketing, some means of getting markets going. <br />And, of course, there are various kinds of potential <br />markets in the Colorado River on a sort of rising scale <br />of controversy, intrastate markets, interstate within <br />the Lower Basin markets, inter-basin markets. Only <br />the first two of those in some form have been a part <br />of Secretary Babbitt's policy. <br />Now, you would think that getting some sort of <br />market underway wouldn't be all that complicated. <br />To an outside observer, it appears you couldn't have a <br />more ideal situation: you have people that have lots <br />of water that they're using which has relatively low <br />value in economic terms and people who need water, <br />for whom the water has a vastly higher value in <br />economic terms. That usually opens the way to <br />relatively easy voluntary transactions, that is, agricul- <br />tural to urban water transfers. <br />But the fact of the matter is, and this is a matter <br />that made it very difficult to take this on as a high <br />priority, there were a lot of festering problems; <br />problems that had lain relatively dormant for a very <br />long time, almost anyone of which, maybe all of <br />which, were potentially explosive. These are familiar <br />to all of you. You had the controversy between the <br />Imperial Irrigation District and the Coachella Valley <br />District based on their agreement, going back to <br />1934, that controversy had been ongoing for many <br />decades. You had the controversy about whether the <br />Imperial Irrigation District was wasting water. You <br />had the internal Metropolitan controversy between <br />San Diego and other Metropolitan member agencies. <br />