House of Representatives

S.J.R. 1001

Colorado river surplus guidelines

Sponsors: Senators Guenther, Arzberger, Brown et al

 

X

Committee on Natural Resources & Agriculture

 

Caucus and COW

 

 

As Passed the House

 

S.J.R 1001 ratifies the agreement between Arizona and the Metropolitan Water District (MWD) of Southern California that waives Arizona's right to surplus water from the Colorado River.  In exchange, MWD agrees to reduce its order for Colorado River water over a 15-year period and to protect Arizona from future shortages on the river.

 

History

 

The Colorado River Compact of 1922 apportioned the waters of the Colorado River among the seven basin states. The Upper Basin states (Wyoming, Colorado, New Mexico and Utah) and the Lower Basin states (Arizona, California and Nevada) were allocated 7.5 million acre feet (maf) annually, respectively.

 

The Boulder Canyon Project Act of 1928 outlined the apportionment within the Lower Basin states as follows: California (4.4 maf), Arizona (2.8 maf) and Nevada (300,000 af). If more than 7.5 maf is available to the Lower Basin states, 50 per cent of the surplus is apportioned for use in California, 46 per cent to Arizona and 4 per cent to Nevada.

 

As watermaster of the Colorado River, the U.S. Secretary of Interior is authorized to make unused water in one Lower Basin state available for use in another Lower Basin state in any one year. No right to continued use of such water is granted, however.

 

Although California's basic annual mainstream apportionment of Colorado River water is 4.4 maf, its use of Colorado River water has ranged from 4.2 to 5.2 maf since 1975. California has been able to use more water than its annual apportionment because water use by both Arizona and Nevada has been below their basic annual apportionment. However, Nevada's Colorado River water use is expected to exceed its basic apportionment of 300,000 af and Arizona's water use is projected to reach its basic annual apportionment of 2.8 maf. This means California will be limited to its 4.4 maf basic apportionment, which is approximately 750,000 af less than its forecasted use of Colorado River water.

 

After several months of negotiations between the seven basin states, an agreement was reached to reduce the surplus water supply to California over the next 15 years. In exchange for Arizona's agreement to forego certain surplus supplies over the fifteen year period, the MWD has agreed to reduce its orders for Colorado River water, to comply with the conservation requirements of the California Colorado River water reduction plan, and to provide insurance to Arizona that the use of surplus water within the state of California during the fifteen year period will not cause a shortage of Colorado River water in this state either during or after the fifteen year period.

 

MWD has agreed that in the event a shortage is triggered, the MWD will reduce its use of Colorado River water by up to a total of one million acre feet and direct that water for use within the State of Arizona.

 

Provisions

 

·        Ratifies the proposal of the representatives of the governors of the Colorado River Basin states regarding the adoption of interim surplus guidelines by the U.S. Secretary of Interior for the Colorado River system.

 

·        Approves the reparation and forbearance agreement, regarding the interim surplus guidelines on the Colorado River, between the state of Arizona, acting through the Arizona Department of Water Resources (ADWR) and the Metropolitan Water District of Southern California.

 

·        Stipulates the State of Arizona shall waive its sovereign and contractual rights to the use of certain quantities of surplus water from the Colorado River provided the following conditions exist:

 

1.      The Secretary of Interior faithfully implements the terms of the Seven Basin states' proposal as adopted in the record of decision for the Colorado River Interim Surplus Guidelines.

2.      The MWD faithfully complies with all the terms of the record of decision and the Colorado River Interim Surplus Guidelines Reparation and Forbearance Agreement entered into with ADWR.

3.      That all Colorado River water that is otherwise available for release and consumptive use within the State of Arizona, including certain quantities of surplus water that will be available under the terms of the interim surplus guidelines, be delivered by the Secretary of the Interior in accordance with the rights of the Colorado River water contractors within Arizona.

 

 

 

 

 

 

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45th Legislature                       

First Regular Session    3          April 3, 2001

 

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