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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 />21-9 <br /> <br />LA W OF THE COLORADO RIVER <br /> <br />S 21.02[3] <br /> <br />agree to a limit on its share of the Lower Basin's Article <br />I1I(a) apportionment. Consequently the Act also provided <br />that before it became effective all seven states had to ratify <br />the Compact, or that six states, including California, ratify <br />and that California also enact legislation confining itself to <br />no more than 4.4 m.a.f. (million acre-feet) of the 7.5 m.a.f. ap- <br />portioned to the lower states by Article IlI(a), plus not more <br />than half of the surplus water un apportioned by the Com- <br />pact. It also pre-approved any compact which Arizona, Cali- <br />fornia, and Nevada might enter into apportioning 300,000 <br />acre-feet of the Article III(a) water to Nevada, 2.8 m.a.f. to <br />Arizona, and 4.4 m.a.f. or less to California, allowing Arizona <br />exclusive beneficial use of the waters of the Gila, and ex- <br />empting the Gila's Arizona tributaries from any obligation <br />to supply water to Mexico under Article III(c), and requiring <br />that the Mexican burden be fulfilled equally by California <br />and Arizona from mainstream water. <br /> <br />[3] The Mexican Treaty of 1944 <br /> <br />On February 3, 1944, the United States and Mexico signed <br />a "Treaty. . . Relating To Waters of the Colorado and Ti- <br />juana Rivers a:nd Of The Rio Grande." 20 Mexico was thought <br />to have been using about 1.8m.a.f. as of 194421 (as opposed to <br />about 820,000 acre-feet as of 1922)22 primarily to irrigate <br />croplands in its fertile Mexicali Valley, which lies in the <br />same basin as the Imperial Valley. Article X of the Treaty <br />guaranteed an annual delivery of 1.5 m.a.f. of water to Mex- <br />ico and an additional amount up to a total of 1.7 m.a.f. if the <br />United States enjoyed a surplus. In the event of extraordi- <br />nary drought or serious accident to its irrigation system, the <br />Treaty also allowed the United States to reduce the delivery <br />below 1.5 m.a.f. in the same proportion as consumptive uses <br />in the United States were reduced. <br /> <br />20 <br />T.S. No. 94, 59 Stat. 1219 (1944). <br />21 <br />Hundley, supra note 9, at 296. <br /> <br />22 See 1 Record, supra note 19, Sess. No.6, at 70-71. Ironically, water use by Mexi- <br />can landholders increased in part as a result of the beneficial effects to them of the <br />Boulder Canyon Project Act. See Hundley, supra note 9, at 296. <br />
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