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I I I I I I I I I I J I I I I I I I I the 1944 Treaty obligations to Mexico and that Congress intended for the Desalting Plant to be operated once construction was completed for conservation of the water of the Basin States. Reduced Surplus Opportunities The continued loss of system storage, caused by not reducing the bypass flows, may marginally reduce the likelihood of surplus opportunities being available for diversion by the Basin States. Mexico also would likely object in that it may result in less scheduled deliveries of surplus water as provided for in Article 15 of the 1944 Treaty. Basin States Would Assume Risk Of Injury As the United States would not be following through with operation of the Desalting Plant and allowing the resulting draw on system storage to continue, this would be somewhat of a departure from past commitments and would be met by opposition from the Basin States and Mexico. The United States would be delaying a full commitment to implementing the envisioned "permanent, definitive, and just solution" to the salinity issue. Future Hydrology Is Presumed Reclamation would be presuming that the 85 years of recorded Colorado River flows is representative of long-term conditions. In 1974, the average of the Colorado River hydrology was significantly less than it is today. National Obligation The Basin States could argue that under the 1974 Act, operation of the Desalting Plant was recognized as a national obligation and that the United States committed to operate the Desalting Plant except at times when surplus flows are being delivered to Mexico. The reservoirs on the Colorado River are drawn down, having experienced the 6 driest years on record. If the Federal Government does not feel compelled to operate the Desalting Plant under current conditions, there may be some loss of credibility with the Basin States regarding future Federal commitments. The Basin States could attempt legal action to stop the loss of their water supplies and challenge the continuance of the United States exceeding the 1944 Treaty requirements by delivering to Mexico an additional 132,000 af per year of Basin State water in order to avoid desalting WMIDD return flow. Membranes May Deteriorate There may be some loss of the $18 million worth of membranes due to deterioration. ALTERNATIVE Cl: OPERATE AT PARTIAL CAPACITY Under this alternative, the Desalting Plant would be operated at one- third capacity, recovering 26,200 af per year. Reclamation staff and technical expertise would be maintained. The Test Plant would continue 27