C.R.C.P. 26(a)(2) Disclosures of The CWCB, Case No. 02CW38

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CHAPTER I SUMMARY OF "THE LAW OF THE RIVER" A. "The Law of the River" "The Law of the River" as applied to the Colorado River, has evolved out of a combination of both Federal and State statutes, inter -State compacts, court decisions and decrees, contracts with the United States, an in- ternational treaty, operating criteria and administrative decisions. All of the foregoing have resulted in a divi- sion or apportionment of the waters of the Colorado River among users thereof or the rights to the "con - sumptive use" of the Colorado River waters. The Colorado River has been described as the most closely regulated and controlled stream in the United States. Between 1962 and 1979, water has been released from Hoover Darn in quantities sufficient to meet only the requirements for delivery to Mexico under the Mexican Water - Treaty and the downstream require -' merits under water delivery contracts with the Secretary of the Interior. The released water generates power but water is not presently (1978) released for the sole purpose of generating power. Consequently, there are only minimal flows in the Colorado River below Morelos Dam, the last dam on the river which was built by Mexico to divert water for use in Mexico. With anticipated very high runoff in 1979, the situation could change which would cause releases for control purposes to be made. Such additional releases could be used for generation of power. A.1 Physical Characteristics of the Colorado River The Colorado River rises in the mountains of Colorado and flows in a southwesterly direction for approx- imately 1,400 miles until it empties into the Gulf of California in Mexico. It falls some 12,000 feet in its course which provides its potential for power generation. The river flows through Colorado, Utah and Arizona and along the Arizona - Nevada and Arizona- California boundaries and in the "limitrophe section "; i.e., the boundary between Arizona and Mexico. Significant amounts of water are added by tributaries which originate in the States of Wyoming, Colorado Utah, New Mexico, Nevada and Arizona, but not in California. In the late 1800's and early 1900's, there was commercial navigation on the river. The river and its tributaries drain portions of seven States: Wyoming, Colorado, Utah, New Mexico, Arizona, California and Nevada, or a vast area of approximately 242,000 square miles, about one - twelfth the area of the continental United States, excluding the States of Alaska and Hawaii. This large basin is approx- imately 900 miles long and 300 miles wide in the northern part and 500 miles wide in the southern part. Most of it is so arid that the viability of numerous communities in it is largely dependent upon the controlled and managed use of the Colorado River System and the availability of its water to make it productive and in- habitable. The upper portion is one of high elevations, narrow valleys, and a short season. The lower • portion has lower elevations, wide basins and deserts, and a long growing season. While not a part of the natural drainage area, an additional area of 7,500 square miles, which includes the Imperial and Coachella Valleys in southern California, is considered to be a part of the Lower Colorado River Basin. Population within the drainage area is approximately 2.5 million but through water exports from the river and tributaries nearly 12 million people receive a supplemental water supply from the river. A canyon section in northern Arizona and southern Utah permits a convenient division of the Colorado River Basin. As described in Article II of the Colorado River Compact of 1922, the Colorado River Basin is divided into the Upper Basin, where waters naturally drain into the Colorado River above Lee Ferry, and the Lower Basin, where waters drain into the Colorado River below Lee Ferry. Lee Ferry, the boundary between the Upper and Lower Basins, is in northern Arizona approximately 1 mile downstream from the Paria River or 17 miles below the Glen Canyon Dam. • :c I . — it