BOARD01242

• Board Meeting Date: 11/19/2001
• Description: WSP Section - Colorado River Basin Issues - Proposed Modifications to the Boards Colorado River Delta Policy ‎(Specifically Concerning the Yuma Desalter Plant)‎
• Board Meetings - Doc Type: Memo

Agenda Item 12f Attachment
November 19-20,2001 Board Meeting
Page 6 of9

e

bypass drain from the Yuma Desalter and other areas to the Santa Clara Slough, acquire
irrigated lands, improve irrigation efficiencies and utilize Painted Rock Reservoir as may
be necessary in accordance with the obligations of Minute 242.
Of particular interest is Section 102(a) of Title I of the CRBSCA (43 USC
1572(a)) which authorized the Secretary ofInterior to line approximately 49 miles of the
Coachella Canal and to temporarily use the quantity of water conserved by the lining to
meet the salinity control objectives of Minute 242. To date, given the high cost of
operating the Yuma Desalter (about $23,000,000 per year), the Secretary as used the
approximately 132,000 AF conserved to offset the need to operate the Yuma Desalter.
This is accomplished by simply allowing the 118,000 AFIYR on average of highly saline
drain waters from the Wellton-Mohawk area to flow into the MOD and MODE and down
the bypass drain to the Santa Clara Slough. This temporary use, as authorized, may
continue until the Secretary delivers main stream Colorado River water to California in
an amount less than requested.
Of particular interest is the fact that the 118,000 AF of bypass to the Santa
Clara Slough has not been accounted for as part of Mexico's Treaty delivery
because of the poor water quality. However, this drain water has provided a
significant environmental benefit and helped restore the Santa Clara Slough over
the years. Given the benefits provided, it may be now be appropriate to consider
this bypass part of the Treaty delivery.

Discussion.

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This memorandum updates the information in the July Board memorandum. The
updates are in bold print.
Arizona and others have argued that with the adoption of the Interim Surplus
Operating Criteria that the Secretary's temporary use of the conserved water from the
lining of the Coachella Canal is now over. They argue that under the limited surplus
declaration that all water delivered to California is now used as contracted for and there is
no longer any salvaged water available. As a result, the Secretary should either begin
operation of the Yuma Desalter or find another source of water of suitable quality to
offset the need to operate the Desalter. None action would mean that the U.S. would
begin to accumulate a debt against this obligation.
California and a number of special interest groups do not agree with this
position and copies of their letters to Reclamation on this matter are attached.
Reclamation has not taken a formal position on the matter, but has refused to seek a
Solicitor's opinion on the issue.
The legal and policy questions under discussion are:
I. Has in fact the "interim period" during which the Secretary may utilize the water
conserved by the lining of the Coachella Canal to offset the need to operate the Yuma
Desalter legally ended?
The answer to this question is very unclear and there are good arguments on
both sides. The "interim period" is over if in declaring a limited surplus all
water is contracted and accounted for. If it is over, the U.S. can not and should
not be allowed to accumulate a debt or take 118,000 AF from reservoir storage.
The U.S. should be treated no different than any contractor and forced to meet
its obligations.