|
<br />.: f) ,~. ,"\
<br />.I...,...;u
<br />
<br />THE LAW OF THE RIVER
<br />
<br />Colorado River Compact
<br />California's rapid development and irs plans for
<br />funher development on the Colorado had raised such
<br />concern among the slower-starting states of the basin
<br />that an interstate agreement as to division of the ,vaters
<br />of rhe river was necessary before the Boulder Canyon
<br />Pro;ect Act could become law, The resulting Colo-
<br />rado River Compact of 1922, although it did not ap-
<br />portion \vater among all the states as originally in-
<br />tended, did apportion water between the upper and
<br />lower pans of the Colorado River Basin, and thus to
<br />some extent insulated the upper states against unlimited
<br />expansion in the lower srates, The dividing line be-
<br />tween the sub-basins coincides with a natural geo-
<br />graphic divide crossing the river at Lee Ferry, Arizona,
<br />near rhe southern boundary of Urah and upstream
<br />from rhe Grand Canyon,
<br />
<br />Briefly, rhe Compact, Anicle IIl(a), apportions
<br />from rhe Colorado River and irs tributaries to each of
<br />the Basins, Upper and Lower, the exclusive beneficial
<br />consumptive use of 7,500,000 acre-feet of water per
<br />annum. In addition, the Lower Basin is given the right,
<br />Article III(b), [Q increase its beneficial consumptive
<br />use by 1,000,000 acre-feet per annum, Unfonunarely,
<br />the Compact negotiators, on the basis of records prior
<br />[Q 1922, overestimated thc dependable flow of rhe
<br />Tiver, and apportioned more water than it produces as
<br />a long-term average. Therein lies one of our major
<br />troubles now.
<br />
<br />The Compact also provides, Arricle lII(d), thar the
<br />states of rhe Upper Division (Wyoming, Colorado,
<br />Utah and New Mexico) "will nor cause the flow of
<br />the river at Lee ferry to be deplered below an aggre-
<br />gare of 75,000,000 acre-feet for an)' period of ten
<br />
<br />consecutive years. . ."
<br />
<br />Six of the seven basin states ratified the Compact
<br />in 1923, but Arizona refused until 21 years later.
<br />
<br />Boulder Canyon Project Act
<br />Not until December 1928, six years after the negoti-
<br />ation of the Compact, did Congress adopt the Boulder
<br />Canyon Project Act authorizing construction of
<br />Hoover Dam and powerplant and of the All-American
<br />Canal to Imperial and Coachella Valleys, In view of
<br />Arizona's reluctance to ratifr (he Compact, the Con-
<br />gress finally waived that requirement, provided that
<br />California would adopt legislarion, which it did, set-
<br />ting a limit on its use of Colorado River water (Cali-
<br />fornia Limitation Act). President Herbert Hoover on
<br />
<br />June 25, 1929, declared the Boulder Canyon Project
<br />,\cr ano the Colorado Ri,'er Compact in effecr, (Ari-
<br />zona ratified rhe Compacr in 1944,)
<br />
<br />The Project Act required as a prerequisite to rhe
<br />start of construction that the Secretary of the [nterior,
<br />who was to build and operate the project, execute
<br />power and water contr~cts guaranteeing repayment
<br />of costs, and forbade anyone to use the stored water
<br />except by such contract, even though he held valid
<br />rights and was alread,' using water, Section 4(a)
<br />authorized a compact to divide the Lower Basin's
<br />share of rhe Colorado River Compact apportionmenr
<br />of water use <\ll1ong Arizona, California and Ne\'ada,
<br />but this the states have never been able to accomplish.
<br />
<br />"\<c=-:::-~~~-_ ____~
<br />,,-~/ ,~~/-..,.
<br />-.~~ - ~ -. -----.-"'"' -
<br />~\r..I", (II .F (I~
<br />h , 1 I I , I I I I \ TTT " ~
<br />I', I, "i'j
<br />" 1 I" II / I
<br />.\ I I /1 /
<br />\ I '/' . i It J \-;,
<br />\ I /!' ) I
<br />,~\\ ;i I ( ;//
<br />, \ \ . .
<br />I' , . I /\ )/
<br />'\ '\ \ \ ' I' (I I
<br />~\ t I -' --,--L,-- j / ~ ~)I /
<br />"\ ['IJ~M<:~i, ~jj,lj_'_ "'I~t"j ~~
<br />\ I ,,~1, /A'.~~- J /
<br />, 11' .- I
<br />'\ 1/"111~-","_ I ' ,
<br />" ,'" - /
<br />I 1"<"--- - -.->./
<br />\~~- - ~~~-i~
<br />
<br />California Limitation Act
<br />On IVhrch 4, 1929, the California legislature, as re-
<br />quired by the Boulder Canyon Project Act, agreed
<br />that California's annual consumptive USe of Colorado
<br />River water shall not exceed 4,400,000 acre-feet of the
<br />7,500,000 acre-feet apportioned to the Lower Basin
<br />SUtes by Arricle lIl(a) of the Colorado River Com-
<br />pact, plus "not more than one-half of :1Oy excess or
<br />surplus waters unapporrioned by said compact. . ."
<br />
<br />13
<br />
|