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

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CHAPTER I 15 Article II(B) (2) also apportions water in excess of the 7.5 maf /yr as follows: 50 percent for use in Arizona and 50 percent for use in California, provided that if the United States so contracts with Nevada, then 46 per- cent of such surplus shall be apportioned for use in Arizona and 4 percent for use in Nevada. Article II(B)(3) provides that if less than 7.5 maf /yr was available. then the Secretary, after providing for satisfaction of present perfected rights in the order of their priority dates without regard to State lines, and after consultation with the parties to major delivery contracts and State representatives, may apportion the amount remaining available, in such manner as is consistent with the Boulder Canyon Project Act and with other applicable Federal statutes, but in no event shall more than 4.4 maf /yr be apportioned for use in California including all present perfected rights. The Decree also provides for delivery to water users only pursuant to valid contracts therefor made with such users by the Secretary (Article II(B) (5)). Article II(B) (5) does not apply to "any Federal establishment" named in Article II(D). Article II(D) provides the following quantities of water for the benefit of the named Federal establishments: (1) The Chemehuevi Indian Reservation —the lesser of either 11,340 acre -feet of diversions or water necessary to supply the consumptive use required to irrigate 1,900 acres; (2) The Cocopah Indian Reservation —the lesser of either 2,744 acre -feet of diversions or water necessary to supply the consumptive use required to irrigate 431 acres; (3) The Yuma Indian Reservation —the lesser of either 51,616.e..:m -feet of diversions or water necessary to supply the consumptive use required to irrigate 7,743 acres; (4) The Colorado River Indian Reservation —the lesser of either 717,148 acfe -feet of diversions or water necessary to supply the consumptive use required to irrigate 107,588 acres: (5) The Fort Mohave Indian Reservation —the lesser of either 122,648 acre -feet of diversions or water necessary to supply the consumptive use required to irrigate 18,974 acres; (6) Lake Mead National Recreation Area — annual quantities reasonably necessary to fulfill the purposes • of the Recreation Area; (7) Lake Havasu National Wildlife Refuge — annual quantities reasonably necessary to fulfill the purpose of the Refuge, not to exceed 41,839 acre -feet of diversions or 37,339 acre -feet of consumptive use, whichever is less; (8) Imperial National Wildlife Refuge — annual quantities reasonably necessary to fulfill the purposes of the Refuge, not to exceed 28,000 -- acre -feet- of- diversions. or 23,0.00 acre -feet of consu niptive use mainstream water, whichever is less; and (9) Boulder City, Nevada —as authorized by the Act of September 2, 1958, 72 Stat. 1726. Article III enjoins all the States and all other users of water in said States from diverting water fror the main- stream, the diversion of which has not been authorized by the United States for its particular use. Article IV deals with diversions by the State of New Mexico of tributary water available to it. Article V requires the United States to prepare annual reports of water releases, diversions of water from the mainstream, return flows, consumptive use of such water, and the quantities delivered to Mexico, in satisfaction of the 1944 Treaty and, separately stated, in excess of Treaty requirements. Article VI provides that the States are to furnish the Court a list of present perfected rights with claims of priority dates within each State, except those relating to Federal establishments. The Secretary is to supply similar information with respect to United States claims within each State. These States and the Secretary are to agree on "Present perfected rights" with their claimed priority dates, in terms of consumptive use, except those relating to Federal establishments. Lacking agreement, any party may apply to the Court for deter- mination for such rights by the Court. Article IX provides that any of the parties may apply at the foot of the Decree for its amendment or for fur - ther relief. ll K. Present Perfected Rights - l K.1 Background • (See Chapter X for an elaboration of the events leading up to the formulation of the Decree on Present per- fected rights, dated January 9, 1979, which resolved the major aspects of this issue.)