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Last modified
1/26/2010 12:37:56 PM
Creation date
10/11/2006 11:16:26 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.700
Description
Law of the River
Basin
Colorado Mainstem
Date
1/1/1980
Author
Carlson and Boles
Title
Chapter 21 Contrary Biews of the Law of the Colorado River: An Examination of Rivalries Between the Upper and Lower Basins
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<br />~ 21.03[1] <br /> <br />MINERAL LAW INSTITUTE <br /> <br />21-20 <br /> <br />Ferry was 13.5 m.aJ. per annum between 1564 and 1960.69 <br />The lowest ten-year flow during those four centuries was 9.7 <br />m.aJ. per annum between 1584 and 1593/0 and it is to be ex- <br />pected that at some point in the future the flow will again <br />subside to that level or less. Indeed, the worst drought of <br />which researchers are now aware occurred before 1564. Tree- <br />ring studies completed in 1979 indicate that the driest period <br />in the Colorado Basin was from 1130 to 1180 and was proba- <br />bly what drove the Anasazi off the Colorado plateau.71 Fur- <br />thermore, the "greenhouse effect" may diminish River flows <br />even below projections based on these historical studies. In <br />1983 a report by the Carbon Dioxide Assessment Committee <br />of the National Academy of Science warned that increased <br />levels of carbon dioxide in the atmosphere could reduce the <br />water supply on the Upper Colorado by 39.6% and on the <br />Lower Colorado by 56.5%.72 <br /> <br />There may be other stresses on the usable supply of River <br />water independent of future meteorological conditions. Sa- <br />linity controls may at some point effect a reduction in the <br />amount of available water. Saline water emitted by natural <br />springs might be impounded.73 The Colorado Basin occupies <br />the bed of a vanished ocean and is underlain by highly saline <br />shale formations. Irrigation water percolating through the <br />ground tends to leach those salts into the River. Moreover, <br />evaporation from reservoirs serves to concentrate the salt in <br />the remaining water.74 Limitations on irrigation and storage <br />might conceivably be imposed to lower salt levels. Further- <br />more, the Mexican Treaty deprives the Basin states of water <br />in excess of its stated minimum delivery requirement be- <br />cause of evaporation and channel losses which the United <br /> <br />69 C. Stockton & G. Jacoby, Long-Term Surface-Water Supply and Streamflow <br />Trends in the Upper Colorado River Basin (Lake Powell Research Project Bulletin <br />No. 18. 1976). <br />70 [d. <br /> <br />71 A. Kneese & G. Bonem, "Hypothetical Shocks to Water Allocation Institutions <br />in the Colorado Basin" in New Courses for the Colorado River, supra note 5, at 106. <br />72 National Academy of Science, Carbon Dioxide Assessment Committee, Chang. <br />ing Climate 423 (Washington, D,C. 1983). <br />73 G <br />See, e.g" etches, supra note 7, at 463. <br />74 See generally Environmental Defense Fund v. Costle, supra note 63. <br />
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