|
<br />110
<br />
<br />EdW<l,d \\1, Clyde
<br />
<br />Court in Arizona v, California;' federal starutes dealing wirh saliniry
<br />on the Colorado River and the management of the federally (on#
<br />structed reservoirs; the laws of rhe individual stares, which control
<br />individual use; and the Indian reserved rights, Beyond rhis, we will
<br />have the continuing role of Congress, which has rhe constitutional
<br />authority to intervene in the river administration and water allocation.
<br />
<br />'-.ff
<br />00
<br />en
<br />~
<br />=
<br />C':)
<br />
<br />The Colorado River Compact
<br />
<br />The United States Supreme Court had indicated in 1907 that
<br />the waters of an interstate stream should be equitably apportioned
<br />among the interested states, It had also suggested that where a state
<br />had adopted the priority doctrine to control the use of water within
<br />the state it could not complain of the application of the same doctrine
<br />in the division of water with a sister state. 2
<br />The Lower Basin states, favored by a mild climate and a rapidly
<br />expanding population. were putting ever larger quantities of Colorado
<br />River water to use. Their major problems were the constant threat of
<br />floods and silt generated from the uncontrolled river, They needed a
<br />large storage reservoir, but Congress would not proceed until the waters
<br />of the river were apportioned, The Upper Basin states were not then
<br />able to use the waters of the Colorado River and its tributaries to any
<br />great extent. They feared that the Lower Basin would build up prior
<br />righrs by their expanding water use, Thus, the Lower Basin, driven
<br />by the necessity for flood and silt control and the demands of an
<br />expanding population, and the Uppet Basin, dtiven by the desire to
<br />protect against the buildup of priorities through excessive utilization
<br />of the Colorado River by the Lower Basin, were both ripe for the
<br />making of a compact, A compact between basins was negotiated in
<br />1922, Arizona refused to ratify it, and it initially became effective as
<br />a six~state compact.}
<br />The following paragraphs of Article III of this compact will play
<br />a major role in allocating the use of water during a prolonged drought,
<br />
<br />(a) There is hereby apportioned from the Colomdo River
<br />system in perpetuity to the upper basin and to the lower basin.
<br />respecrively, the exclusive beneficial consumptive lIse o(
<br />7,500,000 acre.(eet o( water per annum, which shall include
<br />
<br />" .
<br />
<br />".
<br />....;
<br />
<br />. <'
<br />
<br />(
<br />
<br />,~ ;:
<br />I..
<br />.1 ~:.
<br />';" <
<br />. :,'
<br />.~ i!.'r
<br />, 'i:l
<br />, ,.
<br />,'1
<br />~;
<br />
<br />'I"';'
<br />,
<br />
<br />,..
<br />
<br />,;'
<br />
<br />., '.:
<br />
<br />RESPONSE TO PROLONGED DROUGIIT
<br />
<br />III
<br />
<br />all water necessary (or the supply of any rights which may now
<br />exist.
<br />
<br />(b) In addition to rhe apportionment in paragraph (a), the
<br />lower basin is hereby given the right to increase its beneficial
<br />consumptive use o( such waters by 1,000,000 acre.(eet per
<br />annum.
<br />
<br />(d 1(, as a matter of international comity. the United States
<br />of America shall hereafter recognize in the United States of
<br />Mexico any right to the use of any waters o( the Colorado
<br />River system, such waters shall be supplied first from the waters
<br />which are surplus over and above the aggregate of the
<br />quantities specified in paragraphs (a) and (b); and if such
<br />surplus shall prove insufficient for this purpose. then the
<br />burden of such deficiency shall be equally borne by the upper
<br />basin and the lower basin, and whenever necessary the States
<br />of the upper division shall deliver at Lee Ferry water to supply
<br />one~half of the deficiency so recogniz:ed in addition to that
<br />ptovided in paragraph (d),
<br />
<br />(d) The States of the upper division will not cause the flow of
<br />the river at Lee Ferry to be depleted below an aggregate of
<br />75,000,000 acre~feet for any period of 10 consecutive years
<br />reckoned in continuing progressive series beginning with the
<br />1st day of October next succeeding the ratification of this
<br />compact.
<br />
<br />(e) The States of the upper division shall not withhold water,
<br />and the States of the lower division shall not require the
<br />delivery of water which can not reasonably be applied to
<br />domestic and agricultural uses.
<br />
<br />"
<br />
<br />As between basins, I have concluded that the compact's allo-
<br />cation of the 7,500,000 acre-feet to the Lower Basin has a superior
<br />priority,' Paragraph lIl(a> of the compact does not say so, but llI(d)
<br />requires the Upper Basin states not to deplete the flow of the river at
<br />Lee Ferty below an aggregate of 75,000,000 acre-feet for any period
<br />of ten consecutive years, reckoned in continuing progressive series. If
<br />this proviso is met on each ten.year basis, the Lower Basin, except
<br />for evaporation and channel losses, should have 7,500,000 acre-feet
<br />for annual consumptive use since it has carryover storage facilities. In
<br />the event of a drought, the additional one million acre-feet allocated
<br />by Article lIl(b) will come from the Lower Basin tributaries, This is
<br />so because during periods of low flow the Upper Basin certainly will
<br />
|