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Scopiug Summary Report 1.2 COLORADO RIVER BACKGROUND Background Relevant to the IA The allocation, diversion, and use of Colorado River water is governed by a group of Federal and State laws, interstate compacts, an international treaty, court decisions, Federal contracts, Federal and State regulations, and multi-party agreements, commonly referred to as the "Law of the River". (Refer to hup:! Iwww.lc.usbr.govl-g1000/lawofrvr.htmifor further discussion of the Law of the River.) Under the Law of the River, California's normal year apportionment to the Colorado River is 4.4 MAF. (A" normal" year is defined as a year where 7.5 million acre- feet of Colorado River water is available for consumptive use by the States of Arizona, California and Nevada.) California's use of Colorado River water from 1964 to 1999 varied from 4.2 to 5,4 million acre-feet a year (MAFY), with an average of 4.9 MAFY. From 1990 to 1999, California's use of Colorado River water varied from 4.5 to 5.2 MAFY, with an average of 5.0 MAFY. The Decree Accounting process, established as a result of the 1964 Arizona v. Califomia Decree, forms the basis for comparing years of California use of Colorado River water. To date, California's demands in excess of 4.4 MAFY have been met in part by Colorado River water apportioned to Arizona and Nevada but not used by those States (unused apportionment), and by water designated as surplus by the Secretary. The amount of unused apportionment that previously was available to California is diminishing, and unused apportionment is not likely to be available in future years, This is due, in part, to the commencement of operation of the Central Arizona Project in 1985 (a project tIlat delivers Colorado River water to central Arizona irrigation districts, cities, and Indian tribes), substantial completion of the Central Arizona Project in 1993, and growing demand for water in Nevada, Recently, California water agencies completed a major step toward reducing California's reliance on Colorado River water in excess of its normal year apportionment of 4.4 MAFY when they negotiated tile Key Terms for Quantification Settlement, developed a draft QSA, and the draft California's Colorado River Water Use Plan (California Plan). The purpose of the California Plan is to limit California's use of Colorado River water to the State's normal year apportiOlunent of 4.4 MAFY, when required. The QSA, to be executed by Coachella Valley Water District (CVWD), Imperial Irrigation District (lID), and The Metropolitan Water District of Southern California (MWD) is a key component of the California Plan. The QSA cannot be fully implemented without certain actions being taken by the Secretary, as the QSA involves transfers of Colorado River water among the three parties, and requires changes in points of diversion from tile river, which must be approved by the Secretary. These changes in river diversions and specific deliveries of Colorado River water are specified in the IA. Background Relevant to Inadvertent Overrun and Payback Policy In accordance with Article V of the Decree of the Supreme Court of the United States in Arizona v. Califomia, dated March 9, 1964, the Secretary compiles and maintains records for the following: diversions of water from the mainstream of the Colorado River; return flow of such water to the mainstream of the Colorado River as is available for consumptive use in the United States or in satisfaction of tile Mexican Treaty obligation; and consumptive use of such water. Reclamation reports tIlese data each year in the "Compilation of Records in Accordance with Article V of the Decree of the Supreme Court of the United States in Arizona v California, dated March 9, 1964" (Decree Accounting Record). 2 LA, lOP and Related Federal Actions ElS