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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 />- "T'-.. j <br />< <br /> <br />21-3 <br /> <br />LAW OF THE CoLORADO RIVER <br /> <br />~ 21.01 <br /> <br />ers one-twelfth of the contiguous continental United States.l <br />It crosses or borders seven states and passes through another <br />country, Mexico. Because "[i]t is the only great river. . . en- <br />tirely within an arid region," Congressman Taylor of Colo- <br />rado pronounced it in 1928 to be "intrinsically the most valu- <br />able stream in the world." 2 Its water is exported beyond its <br />drainage area to a greater degree than that of any other <br />American river.3 Over half of the people of the West depend <br />upon it as a source of water,4 although, unlike any other ma- <br />jor river, no large city is situated close to it.5 <br /> <br />Harnessed and redirected by a network of dams and diver- <br />sion projects, vigorously administered by state authorities, <br />and stewarded by the Bureau of Reclamation, the Colorado is <br />"one of the most institutionally encompassed rivers in the <br />country." 6 A set of compacts, treaties, statutes, and judicial <br />decisions, collectively known as the law of the river, has de- <br />veloped to govern the River and allocate its water among the <br />Colorado Basin states and between the United States and <br />Mexico. The cornerstone of the law of the river, the Colorado <br />River Compact of 1922, materialized principally as a result <br />of fear of a recurrence of floods that devastated parts of the <br />lower River in 1905-07 and again in 1916. Ironically, though, <br />the condition which has most troubled the law of the River <br />since its inception has been the opposite problem: insuffi- <br />cient quantities of water. <br /> <br />Despite the apparent intentions of the framers of the 1922 <br />Compact, the burden of these deficiencies is often assumed to <br />fall largely on the states of the Upper Basin. As the Director <br />of Colorado's Natural Resources Department recently as- <br />sessed this predicament: "The ultimate problem for the Up- <br /> <br />1 Arizona v. California, 373 U.S. 546. 552 (1963). <br />2 69 Cong. Rec. 9763 (1928). <br />3 U.S. Department of Interior, Westwide Study Report on Critical Water Problems <br />Facing the Eleven Western States 154 (1975). <br />4Id. <br /> <br />S Nash, "Wilderness Values and the Colorado River" in New Courses for the Colo- <br />rado River: Major Issues for the Next Century 206 (G. Weatherford & F. Brown eds. <br />1986). ' <br />6 Westwide Study Report, supra note 3. at 154. <br />
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