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<br /> <br />001573 <br /> <br />. <br /> <br />In summary, the Secretary of the Interior is to contract f~r water from <br />Federal reservoirs and to operate the reservoirs in accordance with the <br />law of the river and should use a safe criteria "to assure his compliance. <br />Further, each state has the responsibility and obligation of determining <br />the manner of use of water within that state., <br /> <br />State Water Law Systerrs-Adjudicated Rights and Decrees - Article XV(b) <br />of the Upper Colorado River Basin Compact of 1948 provides that it is <br />not to interfere with the right of each state to regulate and control the <br />appropriation, use, and control of water within each state. Each of <br />the Upper Basin States has detailed procedures for obtaining a water right <br />permitting the use of water within that state. At the present date, <br />none of the Upper Basin States are actually using their respective <br />basin allotment; however, present and proposed water diversions, when <br />developed, may exhaust the allotments. When that time arrives, states <br />will have to cut back consumptive use within each state until use is <br />consistent with that state's allotment. Each state has the duty and <br />responsibility of determining under its statutes how its remaining <br />amount of Colorado River Basin water is to be used. The Secretary <br />of the Interior cannot interfere with the rights of each state, and <br />his authority is limited to the operation and management of Federal <br />reservoirs in accordance with the laws of the river. <br /> <br />The following is a brief description of the water laws of the various <br />states. <br /> <br />. <br /> <br />Arizona - The Upper Colorado River Compact of 1948 allocates 50,000 a.f. <br />of water for use in Arizona in the Upper Basin, which is in addition <br />to the water available to Arizona for use in the Lower Basin. This is <br />the only state that has an amount under the Upper Colorado River <br />Compact of 1948 which is definite and certain. Arizona is a permit <br />state, and a water right application is filed with the State Land <br />Department for a permit to appropriate intrastate water. If the State <br />Land Commissioner finds the application in order, he issues a permit <br />which authorizes the necessary construction. After application of the <br />water to beneficial use, proof is made, and a certificate is issued. <br />The Navajo Tribe of Indians claims the right to use the 50,000 a.f. <br />and also contends that the Reservation is entitled to a much greater <br />amount of water under the Winters Doctrine (Winters v. United States, <br />207 U.S. 564 (1908)). The Indians are currently using water on the <br />Reservation and adjacent to it. Present Indian use for agriculture <br />and municipal uses is estimated to deplete the supply by 13,000 a.f. <br />By contract, the Navajo Powerplant has the right to deplete ,the supply <br />by 34,100 a.f. for a thermal-electric powerplant on the Reservation. <br />The Tribe approved the use of approximately 3,000 a.f. for municipal <br />and industrial use at Page, Arizona, and for recreational development. <br />These uses will cause the depletion of the 50,000 a.f. allotment to <br />Arizona. The subject of evaporation losses to the Arizona allotment <br />is treated elsewhere. <br /> <br />5 <br /> <br />