OCR Text |
Show 24 UPDATING THE HOOVER DAM DOCUMENTS (8) It required that, in the storage and release of water and in the operation of Federal reservoirs, the Secretary and Federal officials comply with the Colorado River Compact, the Upper Colorado River Basin Compact, the Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Mexican Water Treaty, the Decree of the Supreme Court in Arizona v. California, and the Colorado River Storage Project Act. In the event of failure to so comply any affected State may sue, and consent was given to the joinder of the United States as a party. The Secretary is directed to report to the President, the Congress, and to the Basin States on the annual consumptive uses and losses of water from the Colorado River System after each successive 5-year period. All contracts for the delivery of water from Federal reservoirs are conditioned upon the availability of water under the Colorado River Compact (Section 601). (9) It directed the Secretary to propose criteria for the coordinated long-range operations of Federal reservoirs, and provided that the criteria make provisions for the storage of water in storage units of the Colorado River Storage Project and releases of water from Lake Powell in a stated order of priority: (1) the Treaty obligation to Mexico, chargeable to the States of the Upper Division, if any exists; (2) the Upper Basin guarantee of 75 maf every 10 years to the Lower Basin; and (3) carryover storage to meet these obligations were to be given preference. Parity in storage between Lake Mead and Lake Powell was also provided. Following the adoption of the criteria, the Secretary is to report on the actual operation for the preceding compact water year and the project operation for the current year (Section 602). The criteria were adopted by the Secretary on June 8, 1970. (10) It reaffirmed the rights of the Upper Basin to the consumptive use of water from the Colorado River System available to that Basin under the Compact and provided that such rights shall not be reduced or prejudiced by any use of such water in the Lower Basin. Further, that the Act shall not be construed to impair the duties and powers of the Upper Colorado River Commission (Section 603). (11) It defined terms such as "active storage" and "augmentation" (Section 606). Further details regarding the Colorado River Basin Project Act are contained in Chapter XII hereof. N. Operating Criteria Section 602(a) of the Colorado River Basin Project Act of September 30, 1968, 82 Stat. 885, directed the Secretary of the Interior to "propose criteria for the coordinated long-range operation of the reservoirs constructed and operated under the authority of the Colorado River Storage Project Act, the Boulder Canyon Project Act, and the Boulder Canyon Project Adjustment Act..." and to receive comments from the States. The need for the criteria was the concern of the Upper Basin States as to their ability to recapture from a new project in the Lower Basin presently unused water apportioned to the Upper Basin when needed for their own development. As a result of negotiations the Basin Project Act contained a list of priorities to govern the storage of water in storage units of the Storage Project and releases of water from Lake Powell. The Act also provided that the Upper Basin's rights to the consumptive use of water apportioned to that Basin by the Colorado River Compact would not be prejudiced or reduced by any use thereof in the Lower Basin. In other words, storage in Lake Powell is the cornerstone of the Upper Basin's ability to deliver water to the Lower Basin to fulfill the requirements of Articles III(c) and (d) of the Compact and, at the same time, permit Upper Basin consumptive uses. Article III(c) deals with deliveries to Mexico and IH(d) deals with deliveries of 75 maf to the Lower Basin each 10 years. The criteria were to be prepared and reviewed each year after an exchange of views with the States and affected parties. The objective of the legislative requirements for the criteria was more efficient and reasonable river management. At the same time augmentation was emphasized in an effort to minimize the controversy over the Upper Basin's share of contribution to Mexico and whether the Gila River flows are accountable therefor. An example was the requirement that the first priority for the release of water from Lake Powell is to satisfy one-half of the deficiency in deliveries of water to Mexico, if any such deficiency exists and is chargeable to the States of the Upper Basin, but that the priority shall not apply in any year that the river is augmented sufficiently to satisfy the Treaty requirements and associated losses. Among other major issues involved in the discussions over the crtieria were: Lake Powell bank storage; estimates of Upper and Lower Basin depletions; the use and magnitude of a specific figure for releases from Lake Powell (e.g., 8.23 maf); continuation of the Filling Criteria; and the use of a rule curve to accumulate storage in the Upper Basin reservoirs. |