Laserfiche WebLink
<br /> <br />SYMPOSIUM <br />PROCEEDINGS <br />SEPTEMBER 1999 <br /> <br />MODERATOR: DALLIN JENSEN, <br /> <br />ATTORNEY AND FORMER UTAH <br /> <br />SOLICITOR GENERAL <br /> <br />The body of law that we call the Law of the River <br />means different things to different people, but there <br />is a core group of documents that we all know. It <br />starts with the Colorado River Compact, then the <br />Boulder Canyon Project Act, which authorized <br />construction of Hoover Dam and ratified the <br />Colorado River Compact. It is this act that really <br />apportioned the Lower Basin's allocation of water, <br />although those states didn't fully realize that until the <br />Supreme Court's decision in Arizona v. California. <br />The Mexican Water Treaty of 1944 allocated Mexico <br />1.5 million acre-feet. The Upper Basin states were <br />able to achieve a more harmonious result among <br />themselves and agreed upon percentage apportion- <br />ment of their water in1948. <br />These are the documents apportioning the river. <br />We have additional documents that impact the river: <br />the Colorado River Storage Project Act of 1956 <br />authorized the construction of Glen Canyon Dam <br />and projects in the Upper Basin, such as the Central <br />Utah Project, which assisted Upper Basin states in <br /> <br />~ <br /> <br />Panelists (left to right): John Leshy, us. <br />Department of the Interior; Jerome C Muys, <br />Attorney; Moderator Dallin Jensen, Attorney; <br />Michael Pearce, Arizona Department of Water <br />Resources; David Getches, University of <br />Colorado; and Gary Weatheiford, Weatheiford <br />and Taaffe. <br /> <br />using their allocations; the Colorado River Basin <br />Project Act of 1968 that authorized the Central <br />Arizona Project, modified priorities between Arizona <br />and California and set forth the operating criteria for <br />the GLen Canyon and Hoover dams. And then you <br />have the more detailed operating criteria adopted by <br />the Secretary. <br />Other important documents include the Minute <br />to the Mexican Treaty, which addressed the salinity <br />problem in the Lower River, the Colorado River <br />Salinity Control Act of 1964, and, of course, a series <br />of environmental laws such as the Clean Water Act <br />and the Endangered Species Act. The water buffaloes <br />on the river tend to not want to refer to the environ- <br />mental laws as part of the Law of the River, but these <br />laws are very important in how the river is adminis- <br />tered. Some people even believe that those laws could <br />effectively reapportion the river in that Upper Basin <br />states may not be able to utilize their full allocations <br />as they had expected. <br />