Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />All of these issues, and many others, are interrelated and are <br />defined, modified, and explicated by a variety of decrees, <br />memoranda, minutes, State decisions, Solicitor Opinions, as well <br />as the Operating Criteria and various statutes, especially the <br />Indian Water Settlements. Other statutes, such as the Endangered <br />Species Act, further complicate any attempt to define exactly <br />what the Law of the River is at any time, and ultimately may <br />affect the extent to which any state may develop its entitlement. <br /> <br />There is what could best be described as a creative tension among <br />the seven Basin States and between the two Basins. The Law of <br />the River has provided a general framework which has never fully <br />satisfied any State, but which all have agreed is better than the <br />open warfare which would ensue in its absence. <br /> <br />The remainder of my remarks will address the important and <br />inextricable relationship between the Lower and Upper Basins. I <br />will also discuss how important water management questions in the <br />Lower Basin are currently being approached by the seven basin <br />states and ten tribes from within the stabilizing and essential <br />framework of the Law of the River. Finally, I conclude with a <br />brief stat'ement about the rationale behind the Law of the River <br />and why it is so important in sOlving problems in the Lower Basin <br />and to defining this all-important Lower Basin-Upper Basin <br />relationship. This discussion should give Congress and the <br />Department of the Interior a reason to stop attempts to <br />fundamentally change the laws and procedures that control the <br />Colorado River. <br /> <br />Before I address the "bigger picture" concerning the Law of the <br />River and efforts to accommodate emerging trends within the <br />framework provided by the Law of the River, I want to emphasize <br />the consequences which Lower Basin operations have on the Upper <br />Basin. The best way to do this, frankly, is to illustrate the <br />. rel~tionship through four veri specific examples of operational <br />concepts that are in affect or have been proposed in the Lower <br />Basin. I will only briefly outline these examples. <br /> <br />1. Water banking in groundwater reservoirs in Arizona may <br />cause the water levels in Lake Mead to be reduced, thereby <br />increasing the rate of drawdown in Lake Powell under the <br />equalization provisions in the 1968 COlorado River Basin <br />Project Act:.. Drawdown of Lake pewell depletes the "bank <br />account" of the Upper Basin available to insure deliveries <br />at Lee Ferry to meet its obligation under the 1922 Compact. <br /> <br />2. Increased use of tributary water in the Lower Basin, for <br />example from the Virgin or Gila Rivers, affects total system <br />use which rebounds to the Upper Basin. Specifically, the <br />1922 Compact refers to the potential use of an additional <br />million acre feet in the Lower Basin. This reference is to <br />Lower Basin tributary develop~ent. not to water use from the <br /> <br />3 <br /> <br />OOOif03 <br />