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

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• r a 4 UPDATING THE HOOVER DAM DOCUMENTS (3) Article II(b) defines the "Colorado River t B tes America f the drainage area of the Colorado River to which the water of the Colorado River System and all other territory wihin the United System shall be beneficially applied." (4) Article II(c) defines the term "States of the Upper Division" as "the States of Colorado, New Mexico, Utah, and Wyoming." (5) Article II(d) defines the term "States of the Lower Division" as "the States of Arizona, California, and Nevada." (6) Article II(e) defines "Lee Ferry" as "a point in the mainstream of the Colorado River one mile below the mouth of the Paria River." {7) Articles I1(0 and (g) define the terms "Upper Basin" and "Lower Basin," thus dividing the Colorado River Basin into these two basins. (8) Article II(h) defines "domestic use" as including "the use of water for household, stock, municipal, mining, milling. industrial, and other like purposes. but shall exclude the generation of exclusive electrical pow n f er con - (9) Article III(a) apportions from the Colorado River System, in perpetuity, sumptive use of 7.5 maf /yr to each of the two Basins for beneficial s pti the Lower Basin was given the (10) Article IlI(b) provides that, in addition to the III(a) apportionment, right to increase its beneficial consumptive use by 1 maf /yr. (11) Article III(c) provides that if (as has proved to be the case) the United States shall recognize the rise': of Mexico to the use of any waters of the Colorado River System, such waters shall first be supplied from the waters which are surplus over and above the aggregate of the quantities specified din parr gr d f cien( and (b) . It also provided that if such surplus shall prove insufficient for this purpose, Ali is to be borne equally by the Upper and Lower Basins, and whenever necessary the States of the Upper Division shall deliver at Lee Ferry water to supply one -half the deficiency so recognized in addition to that provided in paragraph (d) . (12) Article III(d) provides that the Upper Division States "will not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre -feet for any period of 10 consecutive years..." (13) Article sh shall provides not require the Upper Division water, which cannot reasonably water, and applied to l and sion States shll t agricultural use. (14) Article for na i ation subservent to Colorado River the uses of such waters navigable the use of c, agricultural or and River water for navig power purposes. (15) Article IV(b) provides that the impoundment and use of waters for the generation of electrical power • shall (1) subc V I I t pro r • shal that nothing United States to Indian Tribes. • (17) Article VIII provides that present perfected rights to the beneficial use of waters of the Colorado River System are unimpaired by this compact. (18) Article XI provides that the compact shall become binding and obligatory when it shall have been 5 approved by the legislatures of each of the signatory States and by the Congress of the United States. it , Although the river had produced an average flow for the two decades preceding 1922 that would have "ac- commodated 16 maf /yr in beneficial consumptive annually from the waters of the Colorao River I(d) of the Compact) assumed the burden tem for the two Basins, the Upper Basin (by virtue drier cycles occurring thereafter. Hence, the Lower Basin has received a guaranteed 10 -year (not annual) e sense minimum flow of 75 maf at the Lee Ferry compact point. f l g the Basin became att he guarantor in • , that its depletions may not reduce the 10 -year aggregate flow below Aiin_ . point. B.4 Compact Approval The Compact was signed by each of the seven Basin States. Six of the seven States ratified the Compact in 1923 but Arizona. did State a ratify oval and ratified the Co pact In h2wasot four ratifying States me e ective upon appro al quirement for seven S Pp