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<br />Terminology <br />o <br /> <br />r--) <br /> <br />WThe Colorado River is not only one of <br />~th'e most highly controlled nvers in <br />~he world, but is also one of the most <br />~institutionallyencompassed. A multi- <br />tude of legal do~uments, known collect- <br />ively as the "Law of t'he River," <br />affect and always dictate its manage- <br />ment and operation. Majo.r docu- <br />ments include: <br /> <br />Colorado River Compact - 1922 <br />Boulder Canyon Project Act - 1928 <br />California Limitation Act 1929 <br />California Seven Party Agreement - <br />1931 <br />Mexican .Water Treaty - 1944 <br />Upper Colorado River Basin Compact - <br />1948 <br />Colorado River Storage Project Act - <br />1956 <br />United States ~upreme Court Decree in <br />Arizona v. California - 1964 <br />Colorado River Basin Project Act - <br />1968 <br />Minute 242 of'the International Bound- <br />ary and Water Commission, United <br />States and Mexico - 1973 <br />Colorado River Basin Salinity Control <br />Act - 1974 <br /> <br />The Colorado River system is defined <br />in the Colorado' River Compact of 1922 <br />as" "" that portion of the Colorado <br />River .Iud its tributaries within the <br />United States,", whereas the Colorado <br />River Basin is defined as.". . . all of <br />the drainage area of the Colorado River <br />system and all other territory within <br />the United States of America to which <br />waters of the Colorado River system <br />shall be beneficially applied." The <br />compact, divided the Colorado River <br />Basin into two sub-basins - the "Upper <br />Basin" and the "Lower Basin," with Lee <br />Ferry as the division point on the <br />river. Lee Ferry, located in Arizona, <br />is a point in the mainstream 1 mile <br />below the mouth of the Paria River. <br />For the purpose of this report, the <br /> <br />Great Divide Basin, a closed basin in <br />Wyoming, and the White River in Nevada <br />have not been considered as part of the <br />Colorado River system. Diversions from <br />the system to areas outside its drain- <br />age area are conside.red herein as <br />exports and have not been classified as <br />to types of use. <br />Beneficial consumptive use is <br />normally construed to mean the consump- <br />tion of water brought about by human <br />endeavors and in this - report includes <br />use of water for municipal, industrial, <br />agricultural, power generation, export, <br />recreation, fish and wildlife, and <br />other purposes, along with the assoc- <br />iated losses incidental to these <br />uses. <br />The storage of water and water in <br />transit may also act as losses on the <br />system although normally such water is <br />recoverable in tinie. Qualitatively, <br />What constitutes beneficial consumptive <br />use is fairly well understood; however, <br />an inability to exactly quantify these <br />uses has led to various differences of <br />opinion. The practical necessity of <br />administering the various water rights, <br />apportionments, etc., of the Colorado <br />River has led to definitions of con- <br />sumptive use or depletions generally in <br />terms of "how it shall be measured." <br />The Upper Colorado River Basin Compact <br />provides that the Upper Colorado River <br />Commission is to determine the appor- <br />tionment made to each State by ". . . <br />the inflow-outflow method in terms of <br />manmade depletions of the virgin flow <br />at Lee Ferry . . . ." There is further <br />provision that the measurement method <br />can be changed by unanimous action of <br />the Commission. In contrast, article <br />leA} of the decree of the Supreme Court <br />of the United States in Arizona v. <br />California defines, for, the purpose of <br />the decree, "Consumptive use means <br />diversions from the stream less such <br />return flows thereto as are available <br />for consumptive use in the United <br /> <br />lO <br />