Bill Summary for Bill Number Overview of the Colorado River Compact

Date: 07/21/2015

Final
Overview of the Colorado River Compact

WATER RESOURCES REVIEW COMMITTEE

Votes: View-->	Action Taken:
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02:23 PM -- Overview of the Colorado River Compact

James Eklund, Director, Colorado Water Conservation Board (CWCB), introduced himself to the committee and explained that, in addition to being the director of CWCB, he is Governor Hickenlooper's representative on the Upper Colorado River Compact Commission. Mr. Eklund explained that in Colorado, 70 to 80 percent of the water is located west of the continental divide, or in the "west slope," while 90 percent of the state's population is on the east side of the divide, or the "east slope." Mr. Eklund explained that the state is allocated about one-third of the water that arises in the state under the nine interstate compacts. He provided an illustration of the diversions of the Colorado River, and noted that Colorado has two compacts that govern the Colorado River. He also gave background on the doctrine of prior appropriation and the 1922 Compact, which was created out of a dispute between Colorado, Wyoming, and California, as well as the specifies of the compact.

Mr. Eklund continued to explain the development of the 1922 Compact, including the separation of the states into Upper Basin states, which are Colorado, New Mexico, Utah, and Wyoming, and Lower Basin states, which are Arizona, California, and Nevada. He explained the role of Congress in the development of the compact and described how the lower basin ceded control of the compact to the Secretary of Interior, rather than allowing each state in the basin to determine how the water is used. Mr. Eklund then gave a brief history of the 1948 Upper Colorado River Basin Compact; he stated that the compact was developed as a result of the Upper Basin states using percentages to calculate the water in the states, rather than tracking the water in amounts in acre feet. Mr. Eklund explained that, as a result of the 1922 Compact, Colorado receives 51.75 percent of the water that was available the year prior, which is the majority of the water in the Upper Basin states. The 1948 compact additionally stipulated that the Upper Basin was not allowed to deplete the river more than 75 million acre feet over a 10 year period.

02:41 PM

Mr. Eklund explained that the transmountain diversions (TMD), which transfers water from the west slope to the east slope of the state, are junior water rights, which implies that if there is a call on the Colorado River in order to fulfil a compact, the TMDs would be some of the first water rights to be curtailed. This fact lead to the purchase of senior agriculture water rights in order to ensure that TMDs would not be effected by a call on the river. In response to a question from the committee, Mr. Eklund stated that the way in which a call on the river would be prioritized is unknown. Mr. Eklund explained that the state is worried about a call on the Colorado River, especially due to the fact that the water levels in Lake Powell and Lake Mead are historically low. Beacause of the nature of the two reservoirs, it is essential that they stay above, whcat Mr. Eklund called, critical elevation. He stated that depletions in those two reservoirs that cause the reservoirs to go below the critical elevation would lead to a compact call on the Colorado River and further explained the dynamics of the two lakes, including how the levels of each would impact each other as well as the Colorado River Compact. Mr. Eklund also described projects that are being completed in order to ensure that Lake Mead does not go below critical elevation,

02:53 PM

Mr. Eklund described several ways in which states can help prevent a compact call on the Colorado River, including managing Lake Mead and Lake Powell in a way that would keep them above critical elevation; consuming less water to ensure that more water continues on to Lake Mead and Lake Powell; and removing unnecessary draws on the Colorado River and making the watersheds healthier. Mr. Eklund responded to questions from the audience and the committee regarding reservoirs on the east slope, which would help with demand management; the management of Lake Powell and Lake Mead; and the Central Arizona Storage Project.