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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 />21-21 <br /> <br />LAW OF THE COLORADO RIVER <br /> <br />~ 21.03[2] <br /> <br />States must sustain. "[T]he actual burden on the American <br />water supply occasioned by this guarantee is about 1.8 mil- <br />lion." 75 <br /> <br />[2] Restrictions on the Upper Basin <br /> <br />Ifthe Compact is interpreted to require that the Upper Ba- <br />sin release 7.5 m.a.f. at Lee's Ferry pursuant to Article IlI(d), <br />as well as another 750,000 acre-feet pursuant to Article III(c) <br />to-satisfy the Mexican Treaty, the Interior Department has <br />calculated that only 5.8 m.a.f. of the Upper Basin's 7.5 m.a.f. <br />Article Ill(a) apportionment would then be available for Up- <br />per Basin use/6 (This number will be regarded as ridicu- <br />lously high when the 16th century dry cycle is repeated.) An <br />engineering study undertaken by Tipton and Kalmbach, Inc. <br />at the request of the Upper Colorado River Commission pro- <br />duced a similar result. This analysis concluded that 6.3 m.a.f. <br />of water per annum would remain for Upper Basin consump- <br />tion if 7.5 m.aJ. were delivered on the average at Lee's Ferry <br />and if no additional water was required at Lee's Ferry to <br />serve the Mexican Treaty/7 However, if the latter assump- <br />tion were reversed to conform to the Interior Department's <br />outlook, then only 5.55 m.a.f. of water would remain for the <br />Upper Basin. On the basis of the Interior Department's 5.8 <br />m.a.f. prediction, which may be overly optimistic, New Mex- <br />ico would receive 647,000 acre-feet, instead of its full entitle- <br />ment of 838,00078 of the 7.5 m.a.f. Article Ill(a) Upper Basin <br />apportionment; Colorado would receive 2,976,000 acre-feet <br />instead of 3,855,000;79 and Utah would receive 1,328,000 <br />acre-feet instead of 1,713,500.80 Utah, for one, has apparently <br />already resigned itself to a life permanently within the Con- <br /> <br />75 H.R. Rep. No. 1312. supra note 25, at 3696. <br /> <br />76 U.S. Department of Interior, Water for Energy Man~ement Team, Report on <br />Water for Energy in the Upper Colorado River Basin 11-12 (1974). <br />77 rd. <br /> <br />78 Memorandum from Felix Sparks, Director, to Colorado Water Conservation <br />Board and Colorado Water Congress Executive Committee, at 3 (January 17. 1978). <br />79 rd. at 7. <br /> <br />80 Clyde. "Institutional Response to Prolonged Drought" in New Courses for the <br />Colorado River, supra note 5. at 133-34. <br />
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