WSP07342 - Laserfiche WebLink

Home Browse Search

~,). 7 ....., ,..'" Colorado River Compact Symposium James S. Lochhead Page 25 desire to preserve a defined share of the river in perpetuity for the Upper Basin, so that changing circumstances could be met without interstate conflict. Along with changing economic circumstances in the west has come a shift in environmental and recreation values. The Endangered Species Act has forced the reoperation of virtually every federal reservoir in the upper Basin. Each facility, and the rivers above and below it, has generated significant recreation economies. These new demands on the system have lead some to question whether the huge reservoirs on the system will ever be operated as the Compact negotiators intended, by fluctuating from full to empty as drought cycles come and go. HAS COLORADO'S PERSPECTIVE CHANGED SINCE 1922? Having looked at the fundamental principles for which Colorado bargained in 1922, and some of the changes since then, it seems fair to ask if, looking back, Colorado got what it bargained for. What would Colorado change if we could and, with the benefit of hindsight. go back and re- negotiate? At least from the perspective of this state official, a fair bargain was struck. Both basins received fundamental benefit from the Compact. and I doubt the upper Basin could do much better with today's information. The Compact preserved Colorado's ability to develop a specified share of the river in perpetuity. The water supply is significantly less than thought by the negotiators, which has lead to uncertainty in calculating the amount of water available to Colorado. But there is still a significant consumptive use allowance (400,000 acre- feet or more) left to develop as future needs, economic conditions and environmental constraints will allow. With the assurance of a perpetual entitlement, the Compact allows Colorado to develop in accordance with our needs, and not feel compelled to rush into premature or unwise water development. The Compact eliminated the threat of the interstate application of the prior appropriation doctrine. This has protected the Upper Basin from claims of prior use by the Lower Basin. The Law of the River also has removed interbasin sales, leases or transfers of water from interstate commerce, and has thus protected Colorado from private water marketing schemes such as the Galloway. RCG and Roan Creek proposals. The sanctioning of interbasin water marketing would put Colorado's present agricultural economy and future economic opportunity on the block to the highest bidder. This would violate at least two Compact principles that protect Colorado: the principle of a perpetual right of development in the Upper Basin, and the