Laserfiche WebLink
<br />Just as a matter of interest, some litigation that took place in <br />the City of Gunnison last summer, involved both the CRSPA and the <br />River Basin Project Act rather prominently because, as you know, the <br />Aspinall unit is a CRSPA proj ect feature. There were several <br />questions presented to the court in connection with those acts; and <br />the United States was prominent in its participation, both by <br />presentations of evidence by witnesses and by their special counsel. <br />The contention was made that the water stored in those reservoirs was <br />not being beneficially used. There was no valid use. Anyone could <br />take the water out of the reservoirs. That contention has not <br />succeeded to this point. The water judge decided that the water was <br />being validly used and he recognized that the water was partially <br />used by letting it flow down the river to meet the commitments to the <br />Lower Basin. Nonetheless, he recognized the use as valid and the <br />appropriations as valid. It seems to me that sometimes we feel very <br />divorced from these acts, and what is happening on the river. Then <br />you realize when you go down and have dinner at the marina, or drive <br />by there, that the reservoir, Blue Mesa, recently played a somewhat <br />prominent role in litigation. <br />This analysis of the Colorado River since the 1922 Compact may <br />not be totally exhaustive, but it is illustrative of the fact that <br />state and federal legislation has weaved the apportionment of waters <br />into the Law of the River and indeed the lives of the citizens and <br />states that depend on the river. <br />As I said, I think Congress can change the Compact if it chooses <br />to do so. I am aware of the political clout and power that is held <br />by California. I am aware that there are many, many other areas in <br />this nation with more political clout than the river basin sans <br />California. Nonetheless, it is not a simple matter to assault this <br />Compact straight on by legislation. While it would be difficult, it <br />would not be impossible for the basin to emerge victorious. That is <br />a risk that Colorado and the basin must live with. However, such an <br />effort to change by legislation does not seem likely in the <br />foreseeable future. <br />I agree with one facet of Lori's presentation. The greatest <br />threat to the viability of our Compact comes from the Endangered <br />Species Act, salinity problems, the Wild and Scenic Rivers, Wilderness <br />legislation, etc. Section VI consultations relative to the operation <br />of Flaming Gorge have been concluded. It changed the method of <br />operation of that reservoir from its historical past. Consultation <br />is ongoing with respect to Glen Canyon. It is about to start on the <br />Aspinall Unit and the Navajo Dam will follow soon thereafter. I guess <br />it is an irony of living that notwithstanding your right hand's <br />ability to allocate the use of the Colorado River water, your left <br />hand may extract that right of use under the protection of the <br />environment. <br />No one recognizes more than I the fact that people make laws. <br />We are in a sparsely populated area. However, I do not notice people <br />changing the law of property, and yet the ownership of property is <br />congregated in a small percentage of our population. Therefore, it <br />is not simply a matter of people. There is a matter of the mores of <br />society. There is the matter of law, basic law upon which this entire <br />nation is based. While people change laws, they do not change the <br />Bill of Rights. They do not change that which is sacred to them. <br /> <br />26 <br />