|
<br />The letter points out, 'Over the years, as export
<br />proposals have been presented to the states by
<br />proponents such as Galloway and RCG, a great deal
<br />of thought has been given as to how such proposals
<br />can be undertaken consistent w~h the Law of the
<br />River. The conclusion of each of the Seven Basin
<br />States has been that such proposals are Illegal.' In
<br />the past, numerous basin water ent~les have opposed
<br />private Interstate leasing plans. 'Colorado wants to
<br />maintain a cooperative relationship with the other
<br />basin states [and w~h Indian tribes] on many issues
<br />Involving water use and development.'
<br />
<br />The project would require Water Court proceedings
<br />to approve any change in the nature of use to deliver
<br />water to Nevada Moreover, the letter explains, 'Your
<br />proposal would result in the diversion and storage of
<br />water under relatively senior cond~ional water rights
<br />decrees, which are currently decreed for oil shale
<br />purposes. These decrees are senior to a number of
<br />existing and cond~ional water rights in the Colorado
<br />River Basin, including the Windy Gap Project, some of
<br />Denver's water rights, and a number of decrees held
<br />by the Colorado River Water Conservation District....
<br />Moreover, development of these decrees may result In
<br />additional water rights calls against existing junior
<br />absolute water rights in western Colorado. This could
<br />result in increased releases of water from Green
<br />Mountain Reservoir in order to replace depletions
<br />under these rights, and may result in increased cost to
<br />existing west slope water users for the diversion and
<br />use of their water. We recognize and support the
<br />rights of your clients to develop their water rights
<br />under Colorado's priority system for their decreed
<br />purposes.... However, as a matter of public policy,
<br />how can the state justify supporting the development
<br />of these decrees, w~h the consequent adverse effect
<br />on existing Colorado water users, so that water can be
<br />leased downstream to Nevada?'
<br />
<br />The letter also raises questions regarding the
<br />proposals compliance w~h Colorado's export statute,
<br />which requires that any proposed use of water outside
<br />the state be expressly authorized by interstate
<br />compact or cred~ed as a delivery to another state, as
<br />well as that the proposed use not impair the ability of
<br />Colorado to comply with its compact obligations or be
<br />Inconsistent w~h the reasonable conservation and
<br />beneficial use of Colorado's water.
<br />
<br />The letter ends, 'We believe these questionR are of.
<br />fundamental concern...and must be answered fully and
<br />satisfactorily before the state can determine the
<br />advisability of your proposal. Until we are convinced
<br />of the legality of your proposal, and that your proposal
<br />is in the best interests of the current and future
<br />c~izens of the state, we can offer you no support.'
<br />
<br />.
<br />
<br />WATER RESOURCES
<br />Drought
<br />
<br />W~h the exception of parts of Washington, Oregon,
<br />Idaho and Montana, winter precipitation has all but
<br />erased severe drought cond~ions as measured by the
<br />Palmer Index, which does not take Into account
<br />depleted reservoir storage and ground water. While
<br />some local water supplies have recovered and some
<br />water use restrictions have been eased or eliminated,
<br />western water managers remain cautious. Dave
<br />Kennedy, Director of the California Department of
<br />Water Resources, notes that heavy rain and snowfall
<br />have added 5M acre-feet of water to total storage.
<br />However, the State Water Resources Control Board's
<br />Decision 1630 put new restrictions on exports from the
<br />Sacramento-San Joaquin River Delta. Kennedy says,
<br />'The last thing we want to do is send the message
<br />that we don't need to conserve....'
<br />
<br />Elsewhere, Columbia River flows at the Dalles are
<br />projected at 82% of average, and Snake River flows
<br />are expected to be 65-85%. Alaska's interior Is buried
<br />by a record-setting snow cover. The Arkansas River
<br />Basin water supply outlook is near average. Upper
<br />Colorado River Basin runoff should be near average,
<br />and much above average in the Lower Basin. Lake
<br />Powell inflow forecasts are about 8M acre-feet. Lower
<br />Colorado River streamflows are expected to range
<br />from 400-800% of the median. In Pheonix, the usually
<br />dry Salt River was running from bank to bank in
<br />January. Snow continues to pile up along the east
<br />slope of the Sierras and across northern Nevada and
<br />Utah in the Great Basin. In northern Utah, runoff
<br />forecasts range from 80-185% of average, and above
<br />average flows are expected from above average
<br />snowpacks in southern Utah. Missouri River Basin
<br />flows, with few exceptions, are expected to be 80-90%
<br />of average. The outlook for the Rio Grande Basin calls
<br />for streamflows from 95-150% of average in Colorado,
<br />and 140-175% in New Mexico.
<br />
<br />.
<br />
<br />The WESTERN STATES WATER COUNCIL is an organization of representatives appointed by the Governors of .
<br />member states - Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota,
<br />Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, and associate member state Oklahoma
<br />
|