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Without continued leadership to find <br />and implement consensus -based <br />solutions on the Colorado River — <br />basinwide litigation, which we have <br />successfully avoided since 1922, looms <br />as a significant threat. Whatever your <br />position or perspective, one thing is <br />clear: the ultimate choice between <br />negotiation and litigation rests with <br />this generation of water leaders." <br />For today's negotiators, it was a <br />vastly different scenario than in 1922 <br />when representatives of the seven <br />states crafted the historic Colorado <br />River Compact, dividing the water <br />between the Upper and Lower basins. <br />Then, the state representatives <br />believed the river had more than <br />enough runoff to meet demand. <br />Stakeholders today know that the <br />river's average flows will not meet <br />future demands given the Basin's <br />continued development. The drought <br />that began in 2000 heightened their <br />concerns. <br />"Not only was the period that <br />coincided with or preceded the <br />development of the Compact an <br />extraordinarily wet period, it was <br />probably the wettest period in at least <br />the past 500 years," said Stephan Gray, <br />of the U.S. Geological Survey's <br />(USGS) Desert Laboratory, speaking <br />at a September Colorado River <br />symposium sponsored by the Water <br />Education Foundation. "When the <br />compact was developed, water that <br />was not likely to be available on a <br />consistent basis was divided up among <br />the basin states." <br />The chronic overallocation of the <br />river played a big role in development <br />of the proposed seven -state framework <br />as negotiators included a suite of <br />programs intended to increase water <br />supplies for the states' "mutual ben- <br />efit." The Upper Basin states view <br />these plans and the Lower Basin <br />shortage guidelines /drought reservoir <br />management as one package. "Clearly <br />these other things have to happen on <br />the river if we're going to continue to <br />get along," Ostler said. <br />In their Feb. 3 letter, the states <br />pledged to move forward with this <br />package of actions while Reclamation <br />prepares the EIS. The actions include <br />"implementation of a demonstration <br />program for extraordinary conserva- <br />tion in 2006, system efficiency <br />projects, preparation of an action <br />plan for augmentation of the system <br />through weather modification, execu- <br />tion of a Memorandum of Understand- <br />ing for preparing a Lower Division <br />states' interstate drought management <br />plan, development of forbearance <br />agreements among the Lower Division <br />states, and the initiation of a study for <br />long -term augmentation of Colorado <br />River system water supplies." <br />While it is the future management <br />of the system that is the focus of the <br />seven -state preliminary proposal and <br />Reclamation's EIS, the past continues <br />to guide the discussions. Negotiators <br />had to consider the legal and political <br />ramifications of their actions and <br />recommendations as they worked to <br />protect water rights. State leaders say <br />that their recommendations can be <br />implemented without modifications of <br />the Long Range Operating Criteria or <br />other elements of the Law of the River. <br />Political and legal dilemmas aside, <br />the Colorado River Basin's future <br />climate and hydrology will play a role <br />in implementation of these changes. <br />Data show that between 1950 and <br />2003, average winter temperatures in <br />the Colorado River Basin increased by <br />approximately 3.6 degrees Fahrenheit; <br />with future changes estimated to be an <br />additional 2 to 3.6 degrees Fahrenheit <br />warmer. What the effects will be upon <br />the basin and its water resources and <br />storage is uncertain, although some <br />recent studies suggest that more <br />precipitation will fall as rain instead <br />of snow. <br />Beyond any potential climate <br />change, Gray said, "The simple fact is <br />that if you have more people and more <br />taps in the western United States, <br />you'll have more demand. No matter <br />how you stack it, the rules of the game <br />are changing." <br />Peter Culp, formerly the attorney <br />for programs at the Sonoran Institute, <br />agreed. "I think the current drought <br />WESTERN WATER <br />