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Last modified
1/26/2010 12:48:15 PM
Creation date
10/11/2006 11:29:58 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.100.10
Description
Colorado River Basin Colorado River Litigation - Interstate Litigation - Arizona Vs California
State
AZ
Basin
Colorado Mainstem
Date
2/22/1982
Author
Elbert P Tuttle
Title
In the Supreme Court of the US - October Term 1981 - Report - Special Master Elbert P Tuttle
Water Supply Pro - Doc Type
Report/Study
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<br />On33J~ <br /> <br />tainty regarding the future supply of water available to <br />Arizona. The United States Water and Power Re- <br />sources estimates Arizona's firm supply for the Central <br />Arizona Project at 400,000 acre-feet. sa At the time of <br />trial even. allocations within the State were uncertain.1O <br />The real Impact of additional Indian'Water rights is in <br />the future. Whether Arizona relied to its detriment in <br />, these respects is not yet determinable. <br />. Arizona's reliance can, however, also be seen from a <br />d.lfferent per~pect~ve. Arizona has consistently argued <br />simply that It relied upon all Indian watel; rights as <br />fixed by the 1964 Decree.1I Arizona's position might be <br />supported by the view that in making its plans Arizona <br />accepted all gains or losses arising from predictive er- <br />ror. If the prediction was high and there was a <br />shortfall, Arizona could accept that because it also <br />knew that if the prediction was low it would have the <br />benefit of the excess water in the otherwise leaner <br />years when the Upper Basin was developed. In this <br />manner also,Arizona might have detrimentally relied <br />upon the 1964 Decree. <br />Two ~th~r Sta~ Parties have presented similar, yet <br />less convmcmg, eVIdence of reliance. The Metropolitan <br />Water District, after losing certain water rights under <br />the 1964 Decree, contracted with the California State <br />Water Project for an additional annual entitlement of <br /> <br />identical amount, the water to be used by Arizona for <br />the Project." If all of the present Indian claims are <br />upheld. the possible loss to the diversions for the Cen- <br />tral Arizona Project would be 128,000 acre-feet per <br />year resulting in a loss of delivery of 115,000 acre-feet <br />per year to central Arizona. II <br />This reliance analysis might be questioned because <br />of some additional facts. Arizona presently expects <br />that its firm supply of Colorsdo River water for the <br />Central Arizona Project will be 550,000 acre-feet in the <br />year 2035.'. When Congress considered the feasibility <br />of the Project, it based its analysis on a firm supply of <br />less than 316,500 acre-feet by the year 2030.17 Thus, <br />Arizona might have more water available for J,18e in the <br />Project than was anticipated when Arizona and Con- <br />gress relied upon the 1984 Decree."1 From this infor- <br />mation. it would appear that the Project would still <br />have been built if the new firm supply had then been <br />known even if it were reduced by the additional claims <br />for the Reservations. But there is still great uncer- <br /> <br />24. Tr. 2123. <br />25. Tr. 2752. These figures offered by the Director o( the Arizona De- <br />partment of Water Resources apparently accounted for 1000000to Arizona <br />from the claims o( the Tribes aa well aa the cIaima of the United States. <br />See Tr. 2723 (claims of government and Tribea would deplete the diver- <br />siam to Central Arizona by 128,000 auo-feet por year). Apparently this <br />figure representa an estimate o( the llIDount o( water claimed (or both <br />omitted lands and boundary lands because Arizona contends that the <br />omitted lands claim will "directly" street the amount o( water (or the <br />Project, and that the Tribes, .. o( September, 1980, claimed 114.788 <br />acre-feet of water for omitted lands and 10,S24 acre-foot of water {or <br />boundary lands. Arizona Supplemental Rea Judicata Briol6 (May 1981). <br />These latter figures assume a consumptive use rate of 4.0 aera.(eet per <br />net acre. <br />26. Tr. 2707. <br />27. See note 19 supra. <br />28. The average ligures (or available water are similarly greater than <br />expected. The current estimates sa offered by Arizona ara: <br /> <br />y.... AYK.. FinD. <br />1986 1,600 1,600 <br />2005 N/A '00 <br />2035 1,000 I5liO <br /> <br />.Tbeao fi&ures ore indicatecl ill thousanda 0' ocro.'oot per you. <br />Tr. 2103. 2106.{)7. Compa,.. note 19 ,..pra. <br />29. Tr. 2767. <br />30. Tr. 2693-94, 2761. 2708-18- <br />31. Arizona Reply Brief {June 19811. <br /> <br />40 <br /> <br />41 <br />
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