OCR Text |
Show CHAPTER II 33 March 14, 1978, providing for construction of and repayment for a new concrete-lined 49-mile section of the Coachella Canal and the use by the United States of the water salvaged thereby during an interim period, pursuant to Sections 102(a) and (b) of the Colorado River Basin Salinity Control Act, dated June 24, 1974, 88Stat. 266. B.7 Reservation Division, Yuma Project, California The approximately 15,000 acres therein, one-half of which are Yuma Indian Reservation lands, are served water pursuant to individual water right applications (and not a District contract) and have essentially repaid the construction costs of $1 million assigned to them. Delivery of water to these lands is made pursuant to individual water right applications for the Bard or non-Indian Unit, and with the Bureau of Indian Affairs for the Indian Unit of the Yuma Project. Article II(d)(3) of the Decree in Arizona v. California dated March 9, 1964, also provides a reserved right for the Yuma Indian Reservation as of January 9, 1894. The Bard Water District, comprising approximately 7,000 acres of non-Indian lands, has been formed. On December 1, 1978, the District entered into a contract with the United States whereby the District would collect O&M charges from the holders of water right contracts and make a single payment to the United States annually for the non-Indian portion. The District has indicated it would like (1) a rehabilitation and betterment contract to line the major canals, and (2) to take over O&M of the works. The latter has been difficult because the Indians have indicated a preference for the United States to do that work. B.8 Special Water Delivery Contracts Involving The Metopolitan Water District A special temporary emergency 5-year contract dated June 14, 1972, No. 14-06,300-2346, pursuant to Minute No. 240, dated June 13, 1972, of the International Boundary and Water Commission, between the United States, MWD, Otay Municipal Water District, City of San Diego, and San Diego County Water Authority, provides for the delivery of not more than 20,600 acre-feet per year through MWD aqueducts to the San Diego County Water Authority and ultimately to the City of Tijuana. The water delivery is charged to the deliveries under the Mexican Water Treaty of 1944. On June 28, 1974, an amendatory contract was executed pursuant to Minute No. 245, dated May 15, 1974, whereby Yuma County Water Users' Association was provided with energy from Mexico to pump the water for the emergency deliveries and Reclamation provided a like amount of energy to the California entities for use in delivering the water. On October 1, 1976, Amendment No. 1 to the Supplemental Agreement was executed, which provided for the delivery of treated water to Mexico and for increased payments therefor. Because of delays in Mexico's construction of a permanent conveyance channel to replace the temporary emergency deliveries to Tijuana, a 1-year extension of the existing contract No. 14-06-300-2346 until August 13, 1978, was executed in the form of Amendment and Supplement No. 2, dated June 29, 1977. B.8.1 Water Exchange Agreements With Coachella Valley County Water District and Desert Water Agency On January 17, 1967, and October 13, 1967, MWD executed water exchange agreements with Desert Water Agency (DWA) and Coachella Valley County Water District (CVCWD), respectively. Each agreement was amended March 4, 1972. DWA and CVCWD had contracted for water deliveries from the California State Water Project of 38,100 acre-feet and 23,100 acre-feet, respectively. However, in order to postpone construction of costly facilities to transport the State Project water to them, these agencies wished to make their State Water Project water available to MWD, which, in turn, would make equivalent quantities of Colorado River water available to these two agencies from its Colorado River Aqueduct. MWD's water delivery contract with the Secretary, as noted above, incorporated the provisions of the California Seven-Party Agreement, as did all the other current California water delivery contracts. This limited MWD's use of water to the coastal plain of southern California, whereas the point at which the two |