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BOARD01417
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Last modified
8/16/2009 3:01:36 PM
Creation date
10/4/2006 6:54:47 AM
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Board Meetings
Board Meeting Date
5/24/1999
Description
WSP Section - Colorado River Basin Issues - Upper Colorado River Commissioner's Report - Historic and Continuing Interest of the Upper Basin in Preserving Secure Interstate Allocations
Board Meetings - Doc Type
Memo
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<br />. <br />allocation issues be resolved within the Lower Basin. Arizona responded with a variation of the water .- <br />bank proposal. The Upper Basin was particularly adamant that the bank be limited to the Lower Basin in ,., <br />its operation, so as not to precipitate Upper Basin to Lower Basin water transfers. <br /> <br />Arizona proposed that a Lower Basin Commission might be appropriate, but suggested that, <br />instead of a central water bank, the states allow for the creation of individual state water banks.'s In <br />Arizona, the bank would be created by state legislation, and would have the authority to secure long term <br />supplies through sources such as underground water storage credits, Colorado River water available <br />through land fallowing, and interim contracts with the CA WCD for excess CAP water for groundwater <br />storage, contract for their acquisition by other states and arrange for the storage of those supplies <br />(including underground storage). The transfer of water from the bank to California or Nevada would be <br />made through a "forbearance agreement" entered into under the provisions of Article 1I(B)(6) ofthe <br />Decree in Arizona v. California, which allows the Secretary to deliver the unused entitlement of one <br />Lower Division state in anyone year for use in another Lower Division state.66 Arizona recognized that <br />the Secretary would have to promulgate regulations to implement transfers between the states under <br />Article 1I(B)(6), as provided in interstate agreements between Arizona, the out-of-state user and the <br />Secretary . <br /> <br />In response to this seeming progress, the Lower Division states appointed a technical committee, <br />which was charged with the responsibility to develop alternatives to more efficient management of the <br />system in the Lower Basin. The committee discussed the operation of an interstate water bank, and <br />surplus and shortage operating criteria, transfers of Tribal water, modeling, the establishment to a <br />"Lower Basin Forum," facilitators, public involvement, and other issues. Throughout these discussions, <br />Nevada continued to push the idea that 60,000 acre feet of water per year be allowed to "wheel" through <br />Lake Mead for use in Nevada. Nevada's position was that this wheeling would be in lieu of a water e <br />development project on the Virgin River. Arizona and California opposed the idea, however, on the <br />basis that once water entered Lake Mead, it became subject to the allocation scheme under the Boulder <br />Canyon Project Act. Also, Met pushed the idea of a water bank in Lake Mead. Arizona opposed this <br />idea also. This disagreement effectively stalled the discussions for about a year. <br /> <br />As the discussions broke down, Met and Nevada formed an alliance under the banner of a new <br />proposal. Under this concept, Met would pay for lining of the All-American Canal, which diverts water <br />to lID. Part of this water would be sold at a discounted rate to the San Luis Rey Indian Tribe in <br />settlement of its reserved rights claims. Under agreement with Nevada, Nevada would fund a portion of <br />the canal lining, and Met would forbear use of up to 30,000 af/yr to the benefit of Nevada. Both states <br />would seek to bank water not needed in anyone year in Lake Mead for later release. <br /> <br />"Arizona Water Bank Proposal, paper to the Seven Colorado River Basin States, July 14, 1994. <br /> <br />66Article II(B)(6) provides as follows: "If, in anyone year, water apportioned for consumptive use in a <br />State will not be consumed in that State, whether for the reason that delivery contracts for the full amount of the <br />State's apportionment are not in effect or that users cannot apply all of such water to beneficial uses, or for any other <br />reason, nothing in this decree shall be construed as prolubiting the Secretary of the Interior from releasing such .- <br />apportioned but unused water during such year for consumptive use in the other States. No rights to the recurrent ,., <br />use of such water shall accrue by reason of the use thereof." <br />
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