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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />would be realized. This includes the potential value of reducing the <br />Nation's costs in meeting requirements of the Clean Water Act, the Safe <br />Drinking Water Act, reuse, hazardous waste management clean up, and in <br />augmenting water supplies. <br /> <br />CONS: <br /> <br />Restarting Costly Though Not Prohibitive <br /> <br />After having recently completed construction and initiated operation <br />under this alternative, the Desalting Plant would now be deactivated and <br />preserved. Start-up would cost about $18 million and take about 3 years <br />to purchase and manufacture new membranes. <br /> <br />Opposition From Basin States <br /> <br />The opposition by the Basin States and Mexico would be similar to AI, <br />though not as strong. Their arguments would focus on: <br /> <br />Intent of the Congress <br /> <br />The Basin States would argue that Congress authorized and appropriated <br />funds for construction consistent with the authorizing Act so as not to <br />diminish water appropriated to the Basin States in meeting Article 15 of <br />the 1944 Treaty obligations to Mexico and that Congress intended for the <br />Desalting Plant to be operated once construction was completed for <br />conservation of the water of the Basin States. <br /> <br />Interim Period Presumed To Continue For More Than 4 Years <br /> <br />As restarting the Desalting Plant would be expensive, the United States <br />would be committing to not operating the Desalting Plant for at least <br />4 years. <br /> <br />Reduced Surplus Opportunities <br /> <br />The continued loss of system storage caused by not reducing the bypass <br />flows may marginally reduce the likelihood of surplus opportunities <br />being available for diversion by the Basin States. Mexico would also <br />likely object in that it may result in less scheduled deliveries of <br />surplus water as provided for in the 1944 Treaty. <br /> <br />Basin States Would Assume Risk Of Injury <br /> <br />The United States would be committing to not conserving WMIDD drainage <br />for several years and placing the burden of risk upon the Basin States <br />for meeting the provisions of Minute No. 242. As the United States <br />would not be following through with operation of the Desalting Plant and <br />allowing the resulting draw on system storage to continue, thi~ would be <br />somewhat of a departure from past commitments and would be met by <br />opposition from the Basin States and Mexico. The United States would be <br />delaying a full commitment to implementing the envisioned "permanent, <br />definitive, and just solution" to the salinity issue. <br /> <br />24 <br />