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WSPC04582
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Last modified
1/26/2010 11:40:07 AM
Creation date
10/9/2006 4:41:18 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.500
Description
Colorado River - Colorado River Basin - Colorado River Basin General Strategy
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/7/1976
Author
CWCB
Title
Synopsis of Major Documents and Events Relating to the Colorado River
Water Supply Pro - Doc Type
Report/Study
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<br />(l Ol b ~-S.. <br /> <br />. <br /> <br />. <br /> <br />Stated in its simplest terms, therefore, the Supreme Court in <br />arriving at its decision applied the terms of the Boulder Canyon <br />Project Act above referred to, as did the Special Master. There <br />was one significant departure, however, from the Master's decision. <br />The Master held that in times of shortage that the shortage should <br />be apfortioned, using a mathematical formula in proportion to each <br />state s share of the allocated waters. The Supreme Court disagreed <br />with this method of apportioning shortages on the basis that neither <br />the project act nor the water contracts require the use of any par- <br />ticular formula for apportioning such shortages. The Court reasoned <br />that since the Boulder Canyon Project was constructed for other <br />purposes in addition to irrigation, such as flood control, naviga- <br />tion, regulation of flow, and generation of electrical energy, that <br />the Secretary should not be tied to a rigid formula which would <br />force him to distribute water for irrigation purposes only. Fol- <br />lowing this line of reasoning the Court held that the Secretary <br />of the Interior "is free to choose among the recognized methods of <br />apportiorunent or to devise reasonable methods of his own". <br /> <br />The entire essence of the Supreme Court's decision was to <br />the effect that since the lower basin states had failed to agree <br />among themselves as to a division of the Colorado River waters, <br />then Congress, by the ~oulder Canyon Act, had done this for them. <br /> <br />Of particular interest to the upper basin states is the fact <br />that Arizona contended that the Colorado River Compact apportioned Ill! <br />only the waters of the main stream, not the main stream and. the <br />tributaries. In view of the express wording of the Colorado River <br />Compact, this appears to be a ridiculous contention. The Supreme <br />Court, however, contented itself on this point by stating: '~e <br />need not reach that question, however, for we have concluded that <br />whatever waters the Compact apportioned the Project Act itself <br />dealt only with water of the main stream." <br /> <br />There is nothin in the <br />was s ea n on 0 t e waters 0 <br />act, as a rea y quote , spea s <br />apportioned to the lower basin <br />the Colorado River Compact." <br />of the Colorado River Compact, <br />act, reads as follows: <br /> <br />"There is hereby apportioned from the Colorado River <br />;stem in perpetuity to the Upper Basin and to the Lower <br />sin respectively the exclusive beneficial consumptive <br />use of 7,500,000 acre-feet of water per annum, which shall <br />include all water necessary for the supplf of any rights <br />which may now exist." (Emphasis supplied). <br /> <br />Article I1(a) of the Compact defines the Colorado River System <br />as follows: <br /> <br /> <br />-15- <br />
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