Laserfiche WebLink
I am not confident that ownership provides a mechanism to facilitate participa- <br />tion. According to a court case cited in research conducted by Dr. Lawrence <br />MacDonell, ownership does not appear to completely rely on who owns <br />water rights. MacDonell summarizes the case by stating, ... "the U.S. <br />Supreme Court has analogized the water delivery functions of federal reclama- <br />tion facilities to that of a water carrier. Even though the U.S. may hold the <br />state water rights governing the diversion and use of the water, it does so as <br />an agent for those who apply the water to beneficial use. "2 <br />The threat of future consultation under Section 7 of the Endangered Species <br />Act and the potential for a jeopardy opinion is thought by some to be a <br />significant "hammer." While this threat is real, I do not believe the use of this <br />or any other hammer would be in the best interest of either the water users or <br />the endangered fish. It might be possible to force the GVWUA to sacrifice a <br />certain quantity of water. Attempting to quantify "forced" savings would lead <br />to conservatively low estimates. Consequently, even though the GVWUA may <br />be able to save more water than a conservative estimate, there would be no <br />motivation for them to do so. <br />A hammer may work to a degree, but the most modern canal improvements <br />applying state-of-the-art technologies will not save a drop of water. The <br />operators of the systems must desire to save water in order to reap the greatest <br />benefits in water use efficiency. A hammer may be able to force compliance. <br />but it will not create a desire to maximize benefits. <br />The Carrot <br />It is from this reference that we need to address the "why" or find the carrot <br />for water user participation in water management and, ultimately, wager <br />savings. For an irrigation system which has been almost completely improved <br />through the Salinity Control Program, the incremental benefit of automation is <br />minimal. In fact, the general mood with the water users is that automation is <br />a liability. There are some benefits derived from within system storage and <br />the corresponding ability to meet short-term peak demands. <br />It is technically possible to continue to divert historic amounts of water but to <br />deliver a larger portion to the Grand Valley Power Plant. More power could <br />then be generated which would result is more revenue for the Grand Valley <br />Project. The water used to generate the additional power would return to the <br />Colorado River at the upstream end of the 15-Mile Reach. <br />Natural Resources Law Center. December 1991. Facilitating Voluntary Transfers of <br />Bureau of Reclamation-Suovlied Water. Volume I. Lawrence J. MacDonell. Richard W. <br />Wahl and Bruce C. Driver.