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Last modified
7/14/2009 5:02:35 PM
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5/22/2009 5:44:48 PM
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UCREFRP
UCREFRP Catalog Number
9367
Author
Colorado Water Workshop.
Title
Proceedings
USFW Year
1992.
USFW - Doc Type
Colorado Water Workshop July 22-24, 1992.
Copyright Material
NO
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<br />provision in the Treaty that shortages will be shared by the United <br />States and Mexico in the event of an extraordinary drought, or serious <br />accident to the irrigation system of the United States. However, <br />given our international relations with Mexico, I am not sure that we <br />can find any comfort in that provision. <br />In 1948, following the treaty and three defeats to California in <br />the United States Supreme Court, Arizona finally came to the table and <br />ratified the Compact. As we proceed, it becomes clear that each of <br />these documents is part of a step by step building on the foundation <br />of the 1922 Compact. These documents provide further operational <br />refinement that build upon that foundation. <br />The next document would be the Upper Colorado River Basin Compact <br />of 1948. The Upper Basin Compact is based upon the allocation to the <br />Upper Basin under the Colorado River Compact. In 1948, it was <br />recognized that the use of fixed amounts of water could not be <br />allocated. It was not quite as simple as that. By this time, there <br />were differing interpretations of the Colorado River Compact. It was <br />clear that the Upper Basin may not be entitled to 7.5 million acre- <br />feet, or there may not be 7.5 million acre-feet available. Therefore, <br />the Upper Basin states allocated the water on a percentage basis. <br />Colorado gets 51.75%, New Mexico gets 11.25%, Utah gets 23%, Wyoming <br />gets 14%, and for the portion of Arizona in the Upper Basin, Arizona <br />receives the only fixed allocation of 50 thousand acre-feet. <br />The next important step in the building of the foundation was the <br />U. S. Supreme Court opinion and decree in Arizona v. California. <br />Arizona wanted to begin a project that would divert water from the <br />Colorado River, and had been lobbying for the construction of the <br />Central Arizona Project. In order to develop that Project, Arizona <br />needed the assurance of a water supply. In 1952, Arizona tried for the <br />fourth time to sue California to achieve that assurance. This time <br />Arizona was victorious. The 1963 decision in Arizona v. California <br />contained some strong language about the power and intent of Congress <br />to enact the comprehensive allocation and regulatory scheme set forth <br />in the Boulder Canyon proj ect Act. The Court reci ted the modern <br />history of the River, the practical need for coordinated operation of <br />national facilities among the states, and used this as a basis to <br />confirm that Congress had vested the Secretary of Interior with broad <br />discretionary powers. <br />There is one quote in that opinion that speaks to the Court's <br />view about the broad scope of federal authority in the Lower Basin. <br />The Court said: <br /> <br />.. <br /> <br />"Having undertaken this beneficial project, Congress, in <br />several provisions of the Act, made it clear that no one <br />should use mainstream waters, save in strict compliance <br />with the scheme setup by the Act. These several <br />provisions, even without legislative history, demonstrate <br />that Congress intended the Secretary of Interior, through <br />his Section 5 contracts, both to allocate the waters of the <br />main Colorado River among the Lower Basin states, and to <br />decide which users within each state would receive water." <br /> <br />Therefore, it was made clear that no one in the Lower Basin gets water <br />out of the Colorado River except through a contract with the federal <br /> <br />13 <br />
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