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

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l •> 1 CHAPTER I a 23 An interesting fact in the evolution of CAP is that municipal and industrial water use planned from the proj- ect was only I percent of the total in the 1947 plan, but increased to 33 percent in 1963 and an even higher percentage in 1968. The Colorado River Basin Project bill was enacted and became law on September 30, 1968, as Public Law 90 -537, 82 Stat. 885. CAP was finally enacted after decades of controversy. The background of the Colorado River Basin Project Act is elaborated on in Chapter XII. Major features of the Act are as follows: (1) It directed the Secretary to conduct reconnaissance investigations in order to develop a general plan to meet future water needs of the Western States and to make a final reconnaissance report in 1977 (see Chapter XII, Part H.9.1, for reports thereunder) It provided, however, that for a period of 10 years the Secretary shall not undertake reconnaissance studies of any plan for the importation of water into the Col- orado River Basin from any other natural river drainage basin lying outside the States of Arizona, Califor- nia, Colorado, New Mexico, and those portions of Nevada, Utah, and Wyoming which are in the natural drainage basin of the Colorado River (Section 201). This 10 -year period was extended an additional 10 years by the Act of November 2, 1978, Public Law 95 -578. Thus, the Pacific Northwest States protected their water sources. (2) Title lI declared that the satisfaction of the Mexican Water Treaty from the Colorado River constitutes a national obligation which shall be the first obligation of any water augmentation project planned pursuant to the Act and authorized by Congress. However, the Basin States are not relieved of this obligation until such time as an augmentation plan is developed and in operation to bring 2.5 maf to the river (Section 202). This was premised on the argument that the water for Mexico was originally assumed to be satisfied from "surplus" waters but that assumption was later negated by a decrease in Basin water supplies below that assumed during Colorado River Compact negotiations, therefore, Mexico's water really came from water needed by the Basin States. Thus, the Basin States should not be penalized by the Treaty obligation which should be a national responsibility. (3) It authorized the Central Arizona Project (Section 301(a)), reauthorized the Dixie Project in Utah (Section 307), and conditionally authorized five Upper Basin projects (Section 501). Specific conditions were stipulated for the delivery of water to the Central Arizona Project (Section 304) . For example expansion of irrigation on non - Indian lands was to be prohibited; canals were to be lined to. _ prevent excessive conveyance losses; ground -water pumping controlled; and local water exchanged for mainstream supply. (4) In the event of a water shortage, California's 4.4 maf /yr has priority over the Central Arizona Project (Section 301(b)). This achieved California's long sought objective and modified the administration of Arti- cle II(B) (3) of the Supreme Court Decree in Arizona v. California. (5) It authorized the Secretary to enter into an agreement with non - Federal interests to construct a ther- mal generating powerplant whereby the United States shall acquire the right to such portions of that capac- ity as the Secretary determines is required in connection with the operation of the Central Arizona Project (Section 303). This was done by the United States_ participation and acquisition of a 24.3 percent share in the Navajo Generating Station near Page, Arizona. (6) Title IV established the Lower Colorado River Basin Development Fund and provided for the alloca- tion and repayment of the costs of the authorized projects. Costs incurred to replenish the depletion of the Colorado River flows available for use in the United States occasioned by compliance with the Mexican Water Treaty are to be nonreimbursable (Section 40 1) . (7) It provided for reimbursement of the Upper Colorado River Basin Fund from the Colorado River Development Fund for money expended heretofore or hereafter to meet deficiencies in generation at Hoover Dam during the filling period of storage units of the Colorado River Storage Project pursuant to the criteria for the filling of Glen Canyon Reservoir. It provided for the transfer of $500,000 for each year of operation of Hoover Dam and Powerplant, commencing with fiscal year 1970, to the Upper Colorado River Basin Fund from the Colorado River Development Fund until reimbursement is accomplished. The amount of any deficiency remaining as of June 1, 1987, shall then be transferred to the Upper Colorado "— - -' River Fund from the Lower Colorado River Basin Development Fund ( Section