One Source, Multiple Challenges: The Future Evolution of Water Policy and the Case of the Colorado River

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1 One Source, Multiple Challenges: The Future Evolution of Water Policy and the Case of the Colorado River David H. Getches Dean and Raphael J. Moses Professor of Natural Resources Law University of Colorado Law School One Source: Evolution of the Policies Surrounding Ground and Surface Water Management in the West University of Idaho College of Law Water Conference Boise, Idaho April 15, 2011

2 Water Policy Challenges Climate change Urbanization Groundwater Use Indian Rights Environmental Protection Transboundary Issues

3 The Wolf Law Building

4 Climate Change: 75% of Models Agree; The Wolf Law Building 10%-30% less runoff Change in runoff relative to

5 Demographic Movements

6 Urbanization and water use

7 The Wolf Law Building Groundwater Pumping Yuma Desalination Plant

8 The Wolf Law Building Indian Irrigation Yuma Desalination Plant

9 The Wolf Law Building Yuma Desalination Plant

10 The Wolf Law Building Yuma Desalination Plant

11 The Wolf Law Building Environmental Protection Yuma Desalination Plant

12

13 Major Interstate Rivers The Wolf Law Building Yuma Desalination Plant

14 CASE STUDY: The Wolf Law Building Water Scarcity Challenges and the Colorado River Transboundary Urbanization Groundwater Environmental Indian Rights Climate Yuma Desalination Plant

15 Colorado River The Wolf Law Building Transboundary Challenges An interstate, international river 7 states 2 nations Yuma Desalination Plant

16 Colorado River The Wolf Law Building Transboundary Challenges 1922 Compact: Divided into 2 basins upper and lower Each to get ~equal shares (7.5 MAF) Yuma Desalination Plant

17 Colorado River The Wolf Law Building Transboundary Challenges 1928 Boulder Canyon Project Act: Hoover Dam States will get: CA 4.4 MAF AZ 2.8 MAF NV:.4 MAF Yuma Desalination Plant 2.8

18 The Wolf Law Building Hoover Dam The Boulder Canyon Project Act of 1928 Federal $ Water & Power for California Yuma Desalination Plant

19 Colorado River The Wolf Law Building Transboundary Challenges 1944 Mexican Treaty: 1.5 MAF to MX Upper & Lower Basins share obligation Yuma Desalination Plant 1.5

20 Colorado River The Wolf Law Building Transboundary Challenges 14% MAF? 1949 Upper Basin Compact:.4 States share up to 7.5 MAF, after deliveries to Lower 4.4 Basin & Mexico: CO 51.75% UT 23% WY 14% NM Yuma 11.25% Desalination Plant AZ -- 50,000 AF % MAF? MAF 51.75% MAF? 11.25%-.84MAF

21 Dividing Up the River 1922 Interstate Compact: States agree Lower and Upper Basins each get 7.5 million acre-feet (MAF) 1928 Boulder Canyon Project Act: Authorizes Hoover Talk Dam; approves division among Lower Basin states: This is the Working Title of a Brilliant And ideally, it will align with Colorado in the logo space above April 30, 2006 University of Colorado at Boulder California: Arizona: Nevada: 4.4 MAF 2.8 MAF.4 MAF 1944 Mexican Treaty: US to deliver 1.5 MAF to Mexico 1949 Upper Basin Compact: The 4 Upper Basin states agree on percentage shares

22 Resulting Entitlements: California 4.4 Arizona This is the Working Title of 2.8 a Brilliant Nevada Talk.3 Mexico 1.5 And ideally, it will align with Colorado in the logo space above April 30, 2006 University of Colorado at Boulder 4 Upper Basin states 7.5 CO 3.88 UT 1.73 NM 1.05 WY.84 Total 16.5

23 Colorado River The Wolf Law Building Transboundary Challenges Arizona -- Refuses to ratify Compact Many lawsuits Military action Drought No way to transport water from Hoover Yuma Desalination Plant

24 Colorado River Challenges: -Transboundary -Groundwater The Wolf Law Building Arizona Colo. River Basin Project Act Must make more responsible use of groundwater Was drawing 4.8MAF; recharge 2.6 MAF 6 Upper Basin Projects authorized Yuma Desalination Plant

25 The Wolf Law Building Yuma Desalination Plant

26 Canal carrying Colorado River water across desert

27

28 Golf Course Tucson, Arizona

29

30 Conservation: Xeriscape The Wolf Law Building Yuma Desalination Plant

31 Glen Canyon Dam For the benefit of the Upper Basin

32 Colorado River The Wolf Law Building Challenges: Urbanization Fastest growing cities for years Sustained by transbasin diversions Yuma Desalination Plant

33 Demographic Movements

34 Colorado River Basin Major Interbasin Transfers Colorado- Big Thompson Central Utah Project Several Denver Metro Projects Fryingpan-Arkansa Project San Juan-Chama Colorado River Aqueduct All American Canal Canal Central

35 The Wolf Law Building Yuma Desalination Plant

36 The Wolf Law Building Entitlement = 4.4 MAF Use = 5.2 MAF Yuma Desalination Plant

37 Solutions to California s Overuse Conservation Saved water from more efficient irrigation goes to cities Canal Lining

38 Colorado River The Wolf Law Building Challenges: Urbanization Conservation, Efficiency Canal Lining Yuma Desalination Plant

39 Colorado River The Wolf Law Building Challenges: Urbanization Canal Lining Yuma Desalination Plant

40 Colorado River The Wolf Law Building Challenges: Transboundary Environmental Salinity Yuma Desalination Plant Mexico

41

42 The historical deliveries from the United States in period show that every year these had been above the established volume and in six of them even over the maximum volume. Annual Volumes from 1995 to , ,543 3,570 Volume (hm 3 ) ,112 1,857 2,513 2,098 2,002 1,924 1,962 1,982 1,887 1,868 1,952 1, Years Volume established in the Treaty Excedent Volume

43 The Wolf Law Building Yuma Desalination Plant

44 Colorado River The Wolf Law Building Challenges: Transboundary Environmental Salinity Solutions: Lower water table Treat saline water Improve irrigation Desalination Plant Yuma Desalination Plant

45 The Wolf Law Building Yuma Desalination Plant

46 Colorado River The Wolf Law Building Challenges: Transboundary Environmental Delta Yuma Desalination Plant Mexico

47 Colorado River The Wolf Law Building Challenges: Transboundary Environmental Delta Yuma Desalination Plant

48 Colorado River Delta at Sea of Cortez

49 The Wolf Law Building Early Totoaba fishing in Sea of Cortez

50

51 Yuma clapper rail

52

53 Cienega The Wolf Law de Building Santa Clara -- revitalized

54 Colorado River The Wolf Law Building Challenges: Transboundary Environmental Delta Yuma Desalination Plant

55 Colorado River The Wolf Law Building Challenges: Environmental Endangered Species Yuma Desalination Plant

56 Colorado River The Wolf Law Building Challenges: Environmental Endangered Species Recovery Programs (Upper Basin Program cost $120M) Yuma Desalination Plant

57 Colorado River The Wolf Law Building Challenges: Transboundary Groundwater All American Canal Lining Yuma Desalination Plant

58 Colorado River The Wolf Law Building Challenges: Transboundary Groundwater All-American Canal Lining Yuma Desalination Plant

59 Colorado River Nevada Lake Mead Nat l Rec. Area Challenges: Indian Water Rights Fort Mojave Indian Res. Chemehuevi Indian Res. Lake Havasu Nat l Wildife Refuge California Arizona v. California (1963) Colorado River Indian & Federal Reservations Mexico Colorado River Indian Reservation Imperial & Cibola Nat l Wildife Refuges Fort Yuma (Quechan) Indian Reservation Arizona Cocopah Indian Reservation

60 Colorado River The Wolf Law Building Challenges: Indian Water Rights 34 Indian Reservations Rights of only 5 quantified in Arizona v. California = 1.3 MAF Navajo alone has 600,000 AF and could claim another 450,000 AF Yuma Desalination Plant

61 Colorado River The Wolf Law Building The Colorado River Compact Allocated More Water than Challenges: the River Produces Climate 16.5 MAF allocated <15 MAF since records kept Tree-ring studies show only 13.5 MAF average for 500 years

62 Resulting Entitlements: California 4.4 Arizona This is the Working Title of 2.8 a Brilliant Nevada Talk.3 Mexico 1.5 And ideally, it will align with Colorado in the logo space above April 30, 2006 University of Colorado at Boulder 4 Upper Basin states 7.5 CO 3.88 UT 1.73 NM 1.05 WY.84 Total 16.5

63 Colorado River The Wolf Law Building The Colorado River Compact Allocated More Water than Challenges: the Colorado River Produces Climate 16.5 MAF allocated <15 MAF since records kept Tree-ring studies show only 13.5 MAF average for 500 years

64 AVERAGE VIRGIN FLOW 400 AVERAGE VIRGIN FLOW

65 Colorado River The Wolf Law Building Challenges: Climate The 20 th century included the wettest and 3 rd wettest periods in the Upper Colorado River Basin during the past 500 years

66 Colorado River The Wolf Law Building

67 Allocation MAF ("Historical") California Arizona Nevada Mexico Upper Basin

68 Allocation MAF ("Tree-Ring") California Arizona Nevada Mexico Upper Basin

69 Allocation -- <9 MAF ("SevereDrought") California Arizona Nevada Mexico Upper Basin

70 Colorado River The Wolf Law Building Greater Likelihood of Dry years and Severe Drought Challenges: with Climate Change Climate

71 Suppose: Same precipitation as C Warmer The Wolf Law Building Source: Past Peak Water in the Southwest NOAA-ESRL+

72

73 Rafting on the Colorado

74 Conclusions 1. A confluence of water scarcity challenges confronts the Colorado River: Climate change Urbanization Groundwater Use Indian Rights Environmental Protection Transboundary Issues 2. Water Policy Must Respond or a Crisis is Inevitable. 3. The Colorado River Situation is Extraordinary, but Not Unique.

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