Chapter 1: Summary of "The Law of the River"

Home Browse Search

12 UPDATING THE HOOVER DAM DOCUMENTS Section 1 provided for four storage projects for river regulation and power production: Glen Canyon on the Colorado River in Arizona; Flaming Gorge on the Green River in Utah; Navajo on the San Juan River in New Mexico; and Curecanti on the Gunnison River in Colorado. It also authorized 11 participating project for irrigation and related uses and further investigation of other projects. Section 5 established the Upper Colorado River Basin Fund into which revenues collected in connection with the operation of the storage project and participating projects are to be credited and are to be available for repaying the costs of operation, maintenance, and replacement of, and emergency expenditures for, all facilities of said projects, payment from which for Hoover Dam Powerplant deficiencies pursuant to the Filling Criteria has upset the Upper Basin States. Section 7 provided that the hydroelectric powerplants and transmission lines authorized by the Act shall be operated in conjunction with other Federal powerplants, present and potential, so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates, but in the exercise of that authority the Secretary shall not affect or interfere with the operation of the provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act and any contract lawfully entered into under said Compacts and Acts. This section was relied upon by the Lower Basin States as protecting their power contracts when the Filling Criteria was promulgated on April 12, 1962 (see L. hereof). Section 14 required that in the operation and maintenance of all facilities authorized by Federal law in the Colorado River Basin, the Secretary is directed to comply with the Compact and Acts enumerated in Sec- tion 7 and with the Mexican Water Treaty in the storage and release of water from reservoirs in the Basin. It further authorized any Basin State to sue in the Supreme Court to enforce these provisions and consented to the joinder of the United States as a party. Section 15 directed the Secretary to continue studies an_d to make a report to the Congress and to the Basin States on the quality of. the water of the Colorado River. The Project Storage Units have these major functions: (1) To regulate streamflows so that water commitments to the Lower Basin can be met in dry periods j without curtailment of development of water uses apportioned to the Upper Basin; and (2) To provide hydroelectric power and produce revenues to assist in the payment of the participating projects. Further details are contained in Chapter III entitled "Power ContractsAppendix 1 HA for text of " (see App Colorado River Project Storage Act). I. Arizona v. California Following execution of the Arizona Water Delivery Contract on February 9, 1944, the Bureau of Recla- mation, in cooperation with Arizona, studied the Central Arizona Project (CAP) . An Interior report submitted to Congress on September 16, 1948, concluded that CAP was feasible if Arizona's claim to water were valid, but if California's contention was found correct that Arizona's claims to water were not valid, there would be no dependable water supply for diversion to Arizona. In the 79th through 'the 82nd Congresses, Arizona sought approval of CAP. Although the Senate passed CAP bills in tee 1950 adopted do p d 1951, the House never did act. On April 18, a resolution that CAP action be deferred until rights eto House Interior the u se d of water are Insular tte fairs Committee cated or agreed upon. The inability of the three Lower Basin States to agree on the sharing of the Colorado River Compact water and the position adopted by Congress in 1951 that it would not authorize the long sought Central Arizona Project, opposed by California until Arizona's right to the necessary Colorado River water supply was clarified, led to the Supreme Court suit filed by Arizona in 1952.