Colorado river surplus
guidelines
dpa |
Committee on Natural Resources & Agriculture |
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DPA |
Caucus and COW |
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As Transmitted to the Governor |
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S.J.R 1001 authorizes the Arizona Department of Water Resources (ADWR) to enter into an agreement between Arizona and the Metropolitan Water District (MWD) of Southern California to waive Arizona's right to surplus Colorado River water for a period of 15 years. In exchange, MWD agrees to reduce its order for Colorado River water over the 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.
1.
The State of
Arizona will enforce the contract.
2.
Any supplement,
amendment or modification will be ratified and approved by the Arizona
Legislature.
·
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 Interim Surplus
Guidelines 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.
·
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.
·
Incorporates the
provisions of the entire contract between MWD and DWR into the resolution.
·
Clarifies the
waiver of Arizona’s right to surplus Colorado River water terminates on
December 31, 2016.
·
Requires
legislative ratification if any changes to the agreement are made except those expressly provided for in
the contract that relate to:
1. agreements to share the impact of shortages
in a “shortage year”;
2. the obligations in subsequent years related to
any such agreement;
3.
future interstate
water banking arrangements between the Arizona Water Banking Authority and MWD;
4.
authorization for
DWR to consult with affected Colorado River contractors in Arizona to agree to
a program to share the impact of shortages with MWD after the interim period.
(The interim period begins January 1, 2002 and terminates December 31, 2016);
5.
the address and
method of delivery for any notices required by the agreement.
·
Corrects the name
of the agreement (found in several places in the resolution).
·
Adds an emergency
clause.
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45th Legislature
First Regular Session 3 May 2, 2001
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