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<br />Pitt et aI, August 2001. Replacing the Bypass Flow On The Colorado River
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<br />FEDERAL OBLIGATION TO REPLACE BYPASSED WATER
<br />
<br />By 1973 Mexico and the United States had agreed to amend the 1944 Rivers Treaty with Minute
<br />242, which set a salinity standard for Colorado River water delivered to Mexico. The CRBSCA
<br />followed in 1974, authorizing the works required to meet the provisions of the Minute. The
<br />CRBSCA established replacement of bypassed water as a Federal obligation,"6 and authorized a
<br />variety of projects including:
<br />
<br />. Irrigation-efficiency improvements for Wellton-Mohawk IDD;
<br />. Lining 49 miles of the Coachella Canal;
<br />. Buyout and retirement of 10,000 acres of Well ton-Mohawk land;
<br />. Protective and regulatory pumping unit (pumping of up to 160,000 acre-feet of
<br />groundwater north of the border to augment flows and for dilution);
<br />. Construction of the Yuma Desalting Plant to process the bypass flow and return it to the
<br />Colorado River; and
<br />. Construction of bypass drain in U.S. and Mexico to the Santa Clara Slough (Le., the
<br />Cienega de Santa Clara).
<br />
<br />These authorized projects have been implemented with one exception: the Yuma Desalting Plant
<br />was built but has never operated at full capacity.17 Nevertheless, the US has to date been able to
<br />meet the Minute 242 salinity standard.
<br />
<br />Lining of the Coachella Canal was completed in 1982, and the 130,000 acre-feet conserved
<br />annually has effectively comprised the United ~tates' replacement of water removed from the
<br />Colorado River to meet the terms of Minute 242 (the:bypass flow). At some point in the future,
<br />however, the interim period during which the federal government may take credit for water
<br />conserved by the lining of the. Coachella canal may end.18 Environmental organizations,"9 the
<br />. Colorado River Board of California20 and the COlorado Water Conservation Board21 have argued
<br />
<br />l' 43 U.S,C. ~ 1571 (c).
<br />17 The Yuma Desalting Plant was operated briefly at 1/3 c4pacity in 1992 for testing,
<br />1843 U.S,C, ~ 1571 (a) ''The Secretary is authorized to cOllstruct a new concrete-lined canal, or, to line the
<br />presently unlined portion of the Coachella Canal of the Boulder'Canyon project, California, from station 2 plus 26
<br />to the beginning of siphon numbered 7, a length of approximately forty-nine miles, The United States shall be
<br />entitled to a temporary use of a quantity of water, for the purpose of meeting the salinity control objectives of
<br />Minute 242, during an interim period, equal to the quantity of Water conserved by constructing or lining the said
<br />canal. The interim period shall commence on the complelion of construction or lining the said canal and shall end
<br />the first year that the Secretary delivers mainstem Colorado River water to California in an amount less than the sum
<br />of the quantities requested by (I) the California agencies under contracts made pursuant to [section 5 of the Boulder
<br />Canyon Project Act (45 Stat. 1057)], and (2) Federal establishnwnts to meet their water rights acqUired in California
<br />in accordance with the Supreme Court decree in Arizonaagains! California (376 U,S, 340)."
<br />19 Letter from Jennifer Pitt, Environmental Defense, et aI., to Robert Johnson, Director, Lower Colorado Regional
<br />Office, Bureau of Reclamation, July 6, 2001, This letler states 'that as California has not yet requested delivery of
<br />Colorado River water in excess of the quantity delivered by theiBureau of Reclamation, the interim period during
<br />which the federal government can take credit for waler conserved by the Coachella Canal lining continues,
<br />20 Letter from Gerald R. Zimmennan, Executive Director, Colorado River Board of California, to Robert Johnson,
<br />Director, Lower Colorado Regional Office, Bureau of Reclamation, August I, 2001.
<br />21 Randy Seaholm, Chief, Water Supply Protection, Colorado Water Conservation Board, person4l communication,
<br />817101.
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