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Show 38 UPDATING THE HOOVER DAM DOCUMENTS The Act referred to the reduced project of 40,000 acres and to authorization of the Wellton-Mohawk Division of 75,000 acres in identical terms: "... or such number of acres as can be adequately irrigated by the beneficial consumptive use of not more than 300,000 acre-feet of water per annum diverted from the Colorado River..." The Arizona Water Commission interprets the above phrase "consumptive use" in accordance with the definition in Article I(A) of the Decree in Arizona v. California as diversions less return flows. However, the Wellton-Mohawk Irrigation and Drainage District interprets the phrase as meaning the quantity of water used for the growing of crops; e.g., under the Blaney-Criddle formula, and that return flow is not relevant to its entitlement. It should be noted that the Colorado River Basin Salinity Control Act, discussed separately herein, reduced the Wellton-Mohawk's irrigable acreage from 75,000 acres to 65,000 acres and to even a lesser number, with the District's approval, if necessary to reduce the return flows from the District to approximately 175,000 acre-feet per year. C.2.1 Gila Gravity Main Canal Capacity Water for the Gila Project is diverted from the Colorado River at the Arizona or east end of Imperial Dam, 18 miles northeast of Yuma. Imperial Dam was authorized by the Boulder Canyon Project Act of 1928. Its construction began in 1936 and was completed in July 1938. Water is delivered for project lands via the 20.7-mile long Gila Gravity Main Canal which has a capacity of 2,200 (ftVs). That capacity has been contracted for as follows: Wellton-Mohawk Irrigation District - 1,300 ftVs North Gila Valley Irrigation District - 150 ftVs Yuma Irrigation District - 130 ft3/s Yuma Mesa Irrigation and Drainage District - 520 ftVs Unit B (Yuma Auxiliary Project-Yuma Project) - 100 ftVs 2,200 ftVs C.3 Wellton-Mohawk Division, Gila Project, Arizona Construction of features of the 75,000 acre-Wellton-Mohawk Division began in August 1949 and was essentially completed June 30, 1957. However, water was first delivered to project lands on May 1, 1952. Negotiations on a construction, water delivery and repayment contract between the United States and the Wellton-Mohawk Irrigation and Drainage District concluded with execution of a contract, No. Ilr-1591, on March 4, 1952. It provided for the delivery to or for the District at Imperial Dam of Colorado River water from storage in Lake Mead, at a maximum rate of delivery of 1,300 fr*/s, as may be reasonably required and beneficially used for the irrigation of not to exceed 75,000 irrigable acres situate within the District. The oibliga-tion to deliver water was subject to its availability for use in Arizona under the provisions of the Colorado River Compact and the Boulder Canyon Project Act and was also subject to the Mexican Water Treaty of 1944. Each of Interior's water delivery contracts is required by Reclamation law to include this type of qualification. The entitlement of the District, in effect, is related to and limited by the 1,300 ff/s of capacity available to the District out of the 2,200 ff/s capacity of the Gila Gravity Main Canal. The contract provided for the expenditure of $38.6 million for the construction of three main canals within the District, pumping plants, a distribution system, protective works, and minimum drainage works. Irrigation blocks were provided for (i.e., a block of lands capable of receiving water service at substantially the same time), as was transfer to the District of operation and maintenance of completed works, repayment in 60 years of not in excess of $42 million following a 10-year development period for each irrigation block (which included a proportionate share of O&M costs, and costs of Imperial Dam abutment and headworks, the desilting works, and the Gila Gravity Main Canal). A reserve fund was established, records provided for, acreage limitation provisions (excess land laws) were included as were incremental value provisions. The contract required validation in the Arizona courts. |