BOARD02180

• Board Meeting Date: 1/22/2003
• Description: WSP Section - Colorado River Issues
• Board Meetings - Doc Type: Memo

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Mr. Jesse P. Silva

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Approved Water Order ifOuantiflCation Settlement Agreement is Not Executed bv
December 3 1. 2002

The 2003 AOP also provides that in the event that the Quantification Settlement Agreement and
its related documents are not executed by December 31, 2002, consistent with applicable
provisiO'ns of the Interim Surplus Guidelines, the Normal determination will govern releas.es fur
use in the States O'f ArizO'na, Nevada and CalifO'rnia during CY 2003 in accordance with Article
li(B)(1) of the 1964 Decree.' In accordance with this determination, there will be no surplus
water available to the Lower Basin States of Arizona, Nevada and California. In such an event,
Colorado River water CO'ntractors in California will be limited to' 4.4 maf of cO'nsumptive use of
Colorado River water. Thus, based on water O'rders received by Reclamation for 2003, demand in
CalifO'rnia will exceed supply and the availability of water to junior users will depend on the
quantity approved for senior right hO'lders.

The 2003 AOP provides:

Under a Normal determination, it is anticipated that use of mainstream Colorado
River water in the Lower Basin will be reduced from approximately 8.5 mafin
calendar year 2002 to 7.5 mafin calendar year 2003. This reduction for calendar
year 2003 may require reductions in use by users in Nevada (approximately 37,000
acre-feet less than 2003 projected use) and CalifO'rnia (approximately 620,000
acre-feet less than 2003 projected use). Given these reductions in available supply,
and the extraordinarily low inflow anlounts within the Colorado River basin during
2002, the Secretary, through Reclamation, will be reviewing Lower Basin
operations to assure that all deliveries and diversions of mainstream water are in
strict accordance with the Decree, applicable statutes, contracts, rilles, and
agreements.

AccO'rdingly, in the event the Quantification Settlement Agreement and its related documents are
not executed on or befor-e- December 31, 2002, the Secretary has determined the availability of 4.4
maf for the State of Califurnia in the 2003 AOP. In this circumstance, the Department has applied
the terms of the 1964 and 1979 Decrees in Arizona v. California4 and the terms ofIID's 1932
water delivery contract to calculate liD's water allO'cation for 2003.

The Supreme Court has specifically enjoined the United States, its officers, attorneys, agents and
emplO'yees in the 1964 Decree in Arizona v. California from releasing Colorado River water other
than pursuant to valid contracts. The Department is therefore compelled by the Supreme Court

3 A "nonnal"condition exists "[i]f sufficient mainstream water is available for release, as determined by
the Secretary O'fthe Interior, to' satisfY 7,500,000 acre-feet of annual consumptive use in the ... States [O'f Arizona,
California and Nevada] ..." Decree at Art. II(B)(1), 316 U.S. at 342.

4 The 1964 Decree is published at 376 U.S. 340-53. The 1979 Supplement ("1979 Decree") to the 1964
Decree is published at 439 U.S. 419-37.