9367 ‎(2)‎

• 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

"if in anyone year water apportioned for consumptive use
in a state will not be consumed in that state, whether for
the reason that delivery contracts for the full amount of
the state's apportionment are not in effect, or the users
cannot apply all of such water to beneficial use, or for
any other reason, nothing prohibits the Secretary of the
Interior from relating such apportioned but unused water
during such year for consumptive use in the other states.
No rights to the recurrent use of such water shall approve
by reason of the use thereof."

Until three years ago, this provision of the decree had not been
of particular importance because the combined consumptive use in the
three lower division states had never reached 7.5 million acre-feet.
However, when the Central Arizona Project began operation a few years
ago, Arizona was enabled for the first time to begin using its
apportionment from the main stem. Thus, uses in the lower division
states have now approached 7.5 million acre-feet per year and the
Secretary's determination as to whether there is a deficit, normal,
or surplus water supply, and his determination whether one states
apportionment will be unused and, therefore, available in another
state have become quite important.
The fifth determination which the Secretary must make is required
by the Mexican Water Treaty of 1944. That treaty guarantees the
minimum annual delivery to Mexico, as John indicated, of 1.5 million
acre-feet. The determination which the Secretary must make each year
is whether water above and beyond that annual minimum is available for
release from Lake Mead and delivery to Mexico. .
In addition to the promulgation of the Annual Operating Plan, and
the five determinations which it reflects, the second major way in
which the Federal government is involved in river operations is
through the Secretary of Interior's role as the Water Master of the
Lower Colorado River mainstem. This is a role which arises from the
aforementioned provisions of the United States Supreme Court decree
in Arizona v. California and from Section 5 of the Boulder Canyon
Project Act of 1928. The secretary is authorized to execute contracts
for the delivery of water from the mainstem of the Colorado River, and
to prohibit the use of stored water from Lake Mead by anyone, except
by such contract. Contracts have been entered into by the state of
Nevada, the state of Arizona, and individual water users in the state
of California. There are seven major entities, in this regard.
Under these authorities the Secretary must administer all water
deliveries from the lower river, render an annual accounting of water
use, and otherwise run the river. Indeed the administration of the
Lower Colorado River mainstem has become sufficiently complex. In
fact, so much so, that the Bureau of Reclamation is now in the process.
of developing formal rules and regulations for administration of the
river and of uses of water therefrom. These rules and regulations,
assuming their adoption, will become the formal expression of the
Secretary's ultimate authority as the Water Master of the lower river.

In short, it appears that any of the interstate water marketing,
leasing, or banking proposals which are heard in the next two days
require the participation, if not the approval of Federal government.

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