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Last modified
8/11/2009 11:32:57 AM
Creation date
8/10/2009 5:00:14 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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r <br />the expense of state authority and diminished the potency of <br />interstate compacts. Despite express disclaimers of any <br />intent to affect issues between the Upper and Lower Basins, <br />the decision's disregard of Arizona's and Nevada's tribu- <br />taries in determining how to divide the waters of the <br />"Colorado River System" has aggravated, if not generated, the <br />current controversy over the Upper Basin's Mexican Treaty <br />obligations30 (to be elaborated later in this paper). The <br />Upper Basin is dismayed and the Lower Basin delighted by the <br />notion that, if the Lower Basin's tributaries can be dis- <br />counted so effortlessly by the Supreme Court for Lower Basin <br />apportionment purposes, the Court might not with similar <br />abandon overlook those same tributaries if it were called <br />upon to decide whether there is "surplus" water under the <br />provisions of Article III(c) of the Compact to be used to <br />satisfy the Mexican Treaty burden. To the extent there is <br />such a surplus, the Upper Basin's Treaty obligation is <br />diminished. <br />Excluding the Lower Basin's tributaries below Lee's <br />Ferry, the contributions from and allocations of Colorado <br />River water to the Basin states look approximately as follows <br />as a result of the 1922 Compact, the Upper Colorado River <br />Basin Compact, and Arizona v. California: <br />Arizona <br />California <br />Colorado <br />Contribution <br />to Flow <br />(per cent) <br />1 <br />71 <br />-13- <br />Apportionment3l <br />of Water <br />(per cent) <br />20.7 <br />30.6 <br />24.3
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