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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 />'. <br /> <br />, ,. <br /> <br />21-27 <br /> <br />LAW OF THE COLORADO RIVER <br /> <br />~ 21.03[4] <br /> <br />The Colorado River water deficiency might be alleviated to <br />some degree by more skillful management and conservation <br />of water.103 It might also be relieved by cooperative efforts <br />among the Basin states. The Colorado River Basin Salinity <br />Control Forum has managed admirably to deal with the sa- <br />linity problem without aggravating interstate conflicts. But <br />the states have succeeded here largely because it has been <br />painless for them to unite in support of a program that is <br />centered on increased federal aid. Federal aid to remedy the <br />deficiency in the amount of River water has already been <br />promised, but not materialized. The impact of the 2.5 m.a.f. <br />deficiency may have to be adjusted by appeal to an estab- <br />lished forum external to the seven Basin states. <br /> <br />[4] Fundamental Issues <br /> <br />The deficiency of water in the Colorado River has gener- <br />ated two fundamental issues concerning the application of <br />the 1922 Compact: <br /> <br />1. Should the Upper Basin forego, as Lower Basin observ- <br />ers presume it must, a portion of its Article UI(a) allocation <br />in order to deliver to the Lower Basin 75 m.a.f. every ten <br />years under Article IIl(d); and <br /> <br />2. How should the burden of fulfilling the Mexican <br />Treaty obligation be distributed between the two Basins. <br /> <br />The latter issue, sometimes referred to as the "Gila River <br />Problem," was summarized in a 1979 report to the Congress <br />by the Comptroller General: <br /> <br />A major dispute exists between the Upper and Lower <br />Basins over supplying the 1.5 m.a.f. commitment to Mex- <br />ico. The Colorado River Compact states that any required <br />delivery of water to Mexico shall be supplied first from the <br />water surplus to the basic apportionment from the Colo- <br />rado River system (7.5 m.aJ. to the Upper Basin, 8.5 m.a.f. <br />to the Lower Basin) and if the surplus is insufficient, the <br />burden of such deficiency shall be borne equally by the two <br />basins. ' <br /> <br />103 See Report to the Congress of the United States. supra note 64, at 19-20, 23-24. <br />
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