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<br />~ <br /> <br />...-l <br />,"? <br /> <br />GOVERNOR'S CENTRAL ARIZONA PROJECT ADVISORY COMMITTEE <br /> <br />c <br />. <br /> <br />a complete solution to problems while others are limited and provide only partial solutions. <br />Solution elements may also be compatible or in conflict with each other. <br /> <br />. <br /> <br />Marketing Colorado River Water to California or Nevada Users -- Discussion Paper, <br />April 21, 1993 <br /> <br />. <br /> <br />This discussion paper examines the legal authorities which make up the "Law of the <br />River" (statutes, court cases, compacts, contracts) that might have an impact on Arizona's <br />attempts to market Colorado River water to California or Nevada. The paper also examines <br />the risks Arizona faces should it choose to pursue marketing of its Colorado River water, <br />past and current efforts to market Colorado River water, and water needs in California and <br />Nevada. <br /> <br />. <br /> <br />. <br /> <br />The report provides the following conclusions about interstate marketing of <br />Colorado River Water. The "Law of the River" does not expressly prohibit interstate <br />marketing of Colorado River water. There are, however, a number of restrictions to such <br />agreements which must be considered in fashioning a marketing agreement. Whether this <br />agreement is in the form of a "forbearance" agreement or a straight-forward lease or sale, <br />Arizona faces considerable risks by pursuing a marketing agreement. If Arizona attempts <br />to market a share of its low priority CAP water, other parties will likely demand the right <br />to market their water, including currently unused water. Arizona may find that once this <br />currently unused water is marketed, its low priority supply is diminished and it no longer <br />has any water to market. If Arizona seeks to negotiate a change in the "Law of the River" <br />that allows a direct marketing of water, it may find, after the negotiations, that the state <br />has lost more than it is willing and can afford to give up. These very real and serious risks <br />must be carefully considered before any action is taken toward marketing any of Arizona's <br />entitlement to another state. <br /> <br />'. <br /> <br />. <br /> <br />. <br /> <br />Attached as appendices to the paper are recent issue papers prepared by the <br />Colorado River Board of California and the Colorado River Commission of Nevada. <br /> <br />. <br /> <br />FINAL REPORT AND RECOMMENDA TIONS <br /> <br />. <br /> <br />16 <br />