WSPC04475

• File Number: 8272
• Description: Colorado River Basin-Colorado River Basin Water Quality-Salinity-Organizations and Entities
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 3/20/1981
• Title: Colorado River Salinity-Water Rights Issues-Corres Reports etc 1981-82-Salinity Control Water Rights
• Water Supply Pro - Doc Type: Report/Study

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Phoenix, AZ
03-20-81

Salinity Control Water Rights

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Issues of Concern:

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Procedures for acqui ri ng di vers i on ri qhts. Current procedures for di vert- ".-
ing saline water under State Water Law are unclear, particularly since
(1) some states do not recognize salinity control as a high priority bene-
ficial use, and (2) only implied authority exists to purchase needed
diversion rights from existing water rights holders for salinity control
purposes.

- Allocation of wasted water among states. Since a majority of the salinity
control opportunities are in only two of the states, potential exists for
placing an inordinate burden on those states if substantial volumes of
. water must be wasted to meet program objectives.

- Transfer of saline water among states. Studies of saline water use for
industrial/energy related purposes suggest that some of the more attractive
options involve intrabasin/interstate transfer of saline water from source
to point of use. Although procedures exist among upper basin states to
allocate Colorado River water use to the state where the use takes place,
no such procedures exist for intrabasin exchanges among lower basin states,
nor from upper to lower basin.

Replacement of wasted water. The current law of the river recognizes the
joint Federal/state partnership for the salinity control program. However,
although legislative precedent exists for replacing water wasted for
Title I and for meeting the delivery obligations to Mexico, the states
currently are expected to fully absorb water use requirements of Title II.

Development of Water Rights Procedures:

It is suggested that the Forum Work Group be assigned the task of developing an
overall water rights procedu~e for Title II programs. These procedures could
include:

- Acquire diversion rights under State Water Law using eminent domain where
necessa ry.

- Allocate wasted water among states based upon their mainstem consumptive
use entitlements as defined in the applicable compacts and decrees.

- Provide for exchanges of water rights among states and for related adjust-
ments of creditable volume against the water delivery requirements of
applicable compacts and decrees.

- Provide for a Federal. obligation to replace an equitable portion of water
required to be wasted to accomplish Title II objectives.

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