Colorado river surplus
guidelines
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.
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.
·
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 (published January 25, 2001 at 66 Federal Register Number 17 at
7772).
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.
1.
Requires the State
of Arizona to enforce the contract.
2.
Requires any
supplement, amendment or modification to be ratified and approved by the
Arizona Legislature.
3.
Provides an interim
or temporary ratification process in the event that the contract between
Arizona and the Metropolitan Water District has to be changed while the
Legislature is not in session. In this
case, the joint committee of reference that has jurisdiction over issues
relating to natural resources may approve changes to the contract.
·
States that this
action is being taken in response to unique circumstances and does not
establish any precedent as to whether the Arizona Legislature may or may not
alter rights to Colorado River water contracts.
S.J.R. 1001 was amended in the Natural Resources & Agriculture
Committee as follows:
·
Requires the State
of Arizona to enforce the contract.
·
Requires any
supplement, amendment or modification to be ratified and approved by the
Arizona Legislature.
·
Provides an interim
or temporary ratification process in the event that the contract between
Arizona and the Metropolitan Water District has to be changed while the
Legislature is not in session. In this
case, the joint committee of reference that has jurisdiction over issues
relating to natural resources may approve changes to the contract.
·
States that this
action is being taken in response to unique circumstances and does not
establish any precedent as to whether the Arizona Legislature may or may not
alter rights to Colorado River water contracts.
The Natural Resources & Agriculture Committee amendment was adopted in the Committee of the Whole.
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45th Legislature
First Regular Session 3 April 25, 2001
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