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COLORADO
<br />solve every problem or eliminate all litigation. That was demonstrated
<br />three times between 1922 and 1940, as Wyoming repeatedly challenged
<br />Colorado's right to divert water from west to east. During much of the
<br />same period, the United States was negotiating a treaty that, in 1944,
<br />provided Mexico the rights to 1.5 million acre-feet annually of Colorado
<br />River water. Finally, in 1946, the Bureau of Reclamation stated that it
<br />would approve no further projects until the upper basin states legally
<br />divided their share of the Colorado River.
<br />This task was undertaken by two clever Colorado lawyers:
<br />Clifford Stone, state legislator, country judge and one-time director of the
<br />Colorado Water Conservation Board; and Jean Breitenstein, a former
<br />assistant attorney general for Colorado and assistant U.S. attorney.
<br />Breitenstein represented Colorado in negotiations to divide the upper
<br />basin's share of the Colorado River water among Colorado, Wyoming,
<br />Utah and New Mexico. He recommended that the division be based on a
<br />percentage allocation because it enabled a consistent method of
<br />determining allocation regardless of the varying water supplies of the river.
<br />The successful conclusion of negotiations among the upper basin states in
<br />1948 cleared the way for more federally funded Bureau of Reclamation
<br />projects in the upper basin.
<br />A young witness to the early development of the Grand Valley
<br />Project was Wayne Aspinall, son of a Palisade, Colorado, peach grower.
<br />Working in his father's business taught Aspinall of the Colorado River's
<br />importance to sustaining life and economic prosperity for western
<br />Colorado. In 1948, Aspinall was elected to the U.S. House of
<br />Representatives; and in his 24-year congressional career, he became known
<br />as "Mr. Chairman" for his role as chairman of the U.S. House Interior and
<br />Insular Affairs Committee, which was responsible for reclamation
<br />legislation. Aspinall was a conservationist in the traditional sense and a
<br />staunch champion of Western reclamation.
<br />Aspinall understood that without water project development, life
<br />in the western United States would be meager at best. His chairmanship
<br />was of incalculable value to Colorado in its efforts to secure congressional
<br />approval for Colorado water projects. His understanding of the river,
<br />especially its uneven flow, led him to seek greater stability with water
<br />storage projects. He excelled in this, helping to authorize fully two-thirds
<br />of all reclamation projects ever constructed in Colorado. His work was
<br />critical to passage of the Colorado River Storage Project Act that resulted
<br />in four major reservoirs in the upper basin, and he shepherded the
<br />Colorado River Basin Project Act through the House in 1968. This act
<br />authorized the Central Arizona Project, along with five concurrent
<br />Colorado projects, illustrating Aspinall's ability to forge cooperative
<br />solutions with other basin states while furthering Colorado's interests.
<br />The Bureau of Reclamation's unit of the Colorado River Storage
<br />Project on Colorado's Gunnison River bears his name, the Wayne N.
<br />Aspinall Storage Unit. The unit's name, originally the Curecanti Storage
<br />Unit, was changed by Congress in 1980 to honor Aspinall for his 24 years
<br />of legislative leadership and accomplishments for water users throughout
<br />the West. Three dams, Blue Mesa (Colorado's largest reservoir), Morrow
<br />Point and Crystal, store a total of 1,083,990 acre-feet of water, have a
<br />maximum hydroelectric generating capacity of 297 megawatts and
<br />annually attract more than a million visitors.
<br />Today, numerous projects divert an average of one-half million
<br />acre-feet annually of Colorado River water to the east slope to supply
<br />nearly 2 million people and a large portion of eastern Colorado's
<br />agricultural economy with reliable, high-quality water. The waters of
<br />the Colorado River and its tributaries supplement the natural flow of
<br />the rivers flowing east, including the Poudre, South Platte and Arkansas.
<br />Recent cooperation between west slope and east slope interests has
<br />helped ease tensions.
<br />More than 1 million acres are irrigated by the Colorado River or
<br />its tributaries within the natural drainage basin of the Colorado River
<br />in the state. As a result of transmountain diversions, the Colorado River
<br />also helps irrigate an additional 900,000 acres on Colorado's eastern
<br />plains. In total, nearly two-thirds of Colorado's irrigated lands receive
<br />Colorado River water.
<br />The waters of the Colorado River, however, remain a subject of
<br />controversy as residents of differing geographic regions and philosophical
<br />viewpoints vie for the state's scarce water resources. Changing attitudes
<br />and new political ideologies regarding environmental issues provide new
<br />grist for old conflicts. Concerns such as water quality, instream flows,
<br />protection of threatened and endangered species, and recreation, all affect
<br />decisions on water use, operation of existing water projects and
<br />development of new water projects.
<br />For state officials and water policymakers, the realities of scarcity
<br />and need, historically significant to every decision on the Colorado River,
<br />remain primary. The combination of these forces will produce outcomes as
<br />unpredictable as the Colorado River that floods one year and barely
<br />trickles the next.
<br />Current decisionmakers planning the future of the Colorado River
<br />and the state of Colorado would do well to borrow a page from Delph
<br />Carpenter and employ a strategy that promotes cooperation and
<br />negotiation rather than contention and litigation.
<br />Compiled and written by David W Ayers, Loretta Lohman, Christopher Treese,
<br />Daniel Tyler and Brian Werner.
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<br />THE GOVERNMENT 1"HIGHLINE DIVERSION DAM ON THE COLORADO RIVER
<br />IS LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES.
<br />EARLY 1940s WORKERS CARVE ADAMS TUNNEL UNDER CONTINENTAL DIVIDE.
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