HomeMy WebLinkAbout1996-02-20; Municipal Water District; 308; Water Transfer - Water Auth./Imperial IrrigationCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL c
RB# 3og TITLE:
MTG. 02/20/96 WATER TRANSFER BETWEEN THE SAN DIEGO
COUNTY WATER AUTHORITY AND THE IMPERIAL
DEPT. CMWD IRRIGATION DISTRICT
RECOMMENDED ACTION:
This is an informational item only. No action is requested.
ITEM EXPLANATION:
DEPT. HD. p. s&
CITY All-Y. a ’
s CITY MGR.
At last week’s CMWD Board meeting staff presented an informational update on the potential
Imperial Irrigation District water transfer.
As a follow-up to that presentation, Ms. Chris Frahm will be present at this Board meeting to make
a presentation to the Board on this IID issue. Ms. Frahm is a Board member on the County Water
Authority and the Metropolitan Water District Boards She is also the Chair of CWA’s Ad Hoc
Water Committee, which was formed to specifically address the issues concerning this potential
water transfer.
A copy of last week’s agenda bill is attached for the Board’s reference at this meeting.
FISCAL IMPACT:
There is no fiscal impact.
EXHIBIT:
1. Agenda Bill No. 306
- EXHIBIT NO. 1 , f 1) CARLShaD MUNICIPAL WATER DIS’r u ilCT - AGENDA BILL
AN 30 TITLE:
WATER TRANSFER BETWEEN THE SAN DIEGO MTG. 02/l 3/96 COUNTY WATER AUTHORITY AND THE IMPERIAL
DEPT. CMWD _ IRRIGATION DISTRICT
RECOMMENDED ACTION:
This is an information item only. No action is requested.
ITEM EXPLANATION:
In November 1995, staff presented an update to the Board on the potential plans for water
transfer between the San Diego County Water Authority (CWA) and the Imperial Irrigation
District (IID). Subsequently, the CWA and IID did enter into a Memorandum Cf Understanding
(MOU) to provide for up to six months of continued negotiations to develop a water transfer
agreement for up to 500,000 acre feet of water from the Imperial Valley. This MOU should detail
the amount of water to be transferred, the terms of the agreement, the price of the water to be
transferred and an enforcement mechanism. To again put this quantity of water in perspective,
the CWA last year imported 393,000 acre feet.
New Aaueduct Alternative
The CWA is investigating the feasibility of transferring this water from the Imperial Valley to the
San Diego area. There are two potential alternatives. If the amount of water transferred is
about 500,000 acre feet per year, it may be feasible to construct a new aqueduct from Imperial
valley to the San Diego area. CWA staff believes that the cost per acre foot for this amount of
water could be competitive with the present cost of imported water. If a new aqueduct is
constructed, the water would probably be delivered to the South County portion of the San
Diego area. If this is the case, then it would be logical to bring the water into the San Vicente
Reservoir which would act as a temGnus reservoir. In order to get water to North County, the
water would have to be pumped through very large pumps. This water would not be treated
water. Since the CWA is not planning to treat this water, the “treated water agencies” (such as
Carlsbad) would continue to receive treated water from the Metropolitan Water District (Met). *
“Wheellna” Alternative Uslna the Colorado River Aaueduct GFiA)
If the amount of water to be transferred is significantly less than 500,000 acre feet per year, it
would not be feasible to transport this water through a new aqueduct because the cost per acre
foot would be prohibitive. A better solution, in CWA’s view, would be the “wheeling” of this water
through the existing Colorado Aqueduct. When approached with the question of what this
wheeling charge would be, Met answered that the cost would have to be enough to cover the
cost of energy, operation and maintenance of the pipeline. The wheeling charge would amount
to $285 per acre foot. This charge would be added to the negotiated price of the transferred
water. According to the CWA, this charge is more than the actual costs to transport water to
San Diego and would probably make the water transfer from the Imperial Valley infeasible.
CWA has proposed to pay $58 per acre foot for the wheeling charge. This payment would not include any payment for capital or other fixed costs that Met says would be necessary. Met
contends that the CWA proposal would not result in any new water in the Met service area.
Because Met intends to operate the Colorado River Aqueduct at capacity, the wheeling proposal displaces water available for regional use at a cost of as little as $0.25 per acre foot with water
costing several dollars per acre foot for use by a single member agency.
2
Page 2 of Agenda Bill No. 3 0 6
In addition, Metropolitan, in an effort to secure more water from the Colorado River, has
proposed to enter into an agreement with the Southern Nevada Water Authority to jointly pay for
the lining of the All-American Canal which delivers Colorado River water to farms in the Imperial
Valley. This joint venture would conserve about 70,000 acre feet of water a year and would be
split with Nevada getting about 30,000 acre feet a year. This arrangement was attractive to Met
because the Las Vegas water district indicated it would support the Met effort to acquire water-
storage space in Lake Mead.
This proposal has upset many people and agencies including the San Diego County Water
Authority. The Imperial Irrigation District, the Palo Verde Irrigation District near Blythe and the
Coachella Valley Water District all claim that this proposal is a momentous step and should be
widely discussed before any agreement is signed. Because the Nevada deal would involve
changes in the federal management of the lower Colorado River, Arizona Governor Fife
Symington has threatened to sue California. As a result, the Imperial Irrigation District voted
unanimously to void the agreement under which Met would do the work and get the saved
water.
Resolution of Issues
These and other issues have caused differences of opinion between CWA and Met, and must
be addressed in order for the proposed water transfer to be successful. In addition, there are concerns that member agencies of the CWA have that must also be addressed so that an
informed decision concerning the proposed water transfer can be made. CMWD staff has some
concerns and questions that must be addressed as well. Some of these are as follows:
0 Should the IID water transfer prove to be viable, facilities probably would be
constructed to bring water In to South County. As a result, this water would have to
be pumped to North County member agencies. However, the water would not be
treated and therefore Carlsbad, as would other agencies presently receiving treated
water, would continue to receive treated water from Met. It would appear that
Carlsbad would have to pay for the capital program for Met and for the CWA which
would include the IID water transfer project, although Carlsbad would receive no
direct benefit from the water transfer.
If Carlsbad has an opportunity to purchase water directly from a source other than
CWA, would the wheeling charge to Carlsbad be similar to the one proposed by CWA
to Met?
Should the IID water transfer prove viable, the amount of water purchased from IID
plus the supplemental water needed from Met would provide 100% rellablllty. Will
CWA continue to provide Incentives (e.g., rebates, etc.) to member agencies for the
continued development of local supplies such as reclaimed water?
Since Carlsbad Is ready to embark on a $20 million Phase 2 of Its reclaimed water
master plan, the present program of rebates from CWA and Met are needed to make
the project feasible. It Is doubtful that with the loss of one of Its largest water
customers Met will be generating the revenue to continue the rebate program to the
CWA.
L
d Page 3 of Agenda Blh No. 306
For the upcoming Board meeting of February 20,1996, staff has arranged for Christine Frahm,
a CWA and Met Director, to be present to make a presentation to the Board on this subject.
The information in this agenda bill is to inform the Board in advance of some of these issues
and to provide a basis for discussion of the concerns and questions to be addressed at the
February 26 meeting.
FISCAL IMPACT:
There is no fiscal impact.
EXHIBITS:
None.
02/20/96 15:28 mu.. 431 1601 CAIWD +a-) c IGR Boo2/003
February 20,1996
TO: CITYMANAGER
FROM GENSALMANAGER
CORRECTION MADE - IMlpERIAc IRRIGATION DISTRICT WATER TRANSFER
CMWD BOARD PRESENTATION
Attached is a comcted version of the letter to Christie Fmhm The only change made was on Page 2, in the last sentence of the kst paragmph. The change made was “have to & for,“... to “have to ~71~ fbrc,..
ROBERT J. GREANEY
02/20/96 14:24 ZmllJ 431 1601 CIUWD +++ C YGR . ,
@002/004
Carlsbad
Municipal Water District
5950 El Camino Real, Carlsbad, CA 92008
Englneering: (619) 438-3367
Administration: (619) 438-2722
FAX: 431-1601
February 14,1996
Christine Frahm, Chair Ad HOG Water Committee
San Diego County Water Authority 3211 FiiAvcrmt San Diego, CaMxnia 92103
ImpesiaI Irrigation Distrkt Water ‘Ihmfer -CMWD Board presentation
Dear Ms. Frahm;
CMWD staffmade a presentation to the CMWD Board last Tuesday evening on the potential
Imperial ligation District water transfer. This presentation updated the Board on the issues surrounding this potential water transfk and included the possible alternative methods of transporting any water&n Imperial Valley to San Diego County.
As we understand it there are two basic alternatives for delivery. The first alternative would be to cassruct a new aqueduct facility that would transfer water fiam the Imperial Valley to Saa Diego County. It ix understood that there are several routes under aualysk but the most probable route would deliver the water to some point in south County. Construction of a new aqueduct fkcility might only be feasible ifthe qua&y of water transfkred amounts to about 500,000 acre feet per
Year.
The second alternative would involve “wheeling” water fkom the Imperial Valley to San Diego County through the misting Colorado River Aqueduct. This alternate would be ftasl’ble ifthe amount of water to be traasferred amouated to considerably less than 500,000 acre feet per year (e.g. about 100,000 acre feet per year).
During this prcsex&on to the CMWD Board, a number of issues, concems and questions were raised and discussed. These questions and concern are as follows:
“Servhg Carl&xi for over 40 years"
02/20/96 14:25 fttIl9-431 1601 CMWD ki.j003/004
Page 2 (co&d) .
0 Should an agreement be reached to transfer approsimately 500,000 acre feet
of water, a new aqueduct Acility would probably be constructed that would transferred from the Imperial Valley to San Diego County. The terminus of
the new aqueduct would probably be somewhere in south County. For
\ agencies in north County to receive any direct benefit, a large pumping
f&ity would be necessary. Since there doesn’t appear to be any large
treatment factity in this propospl, the agencies presently receiving treated water will continue to receive their treated water from Met facilities. As a
result, there appean to be no direct be&It to agencies in north County
including Carlsbad. Since major pardons of M&s and CWA’s capital programs arc funded through water r&u, what potion of those programr would CarIsbad have to pay for, keeping in mind that Cadsbad would receive no direct btnefit from au IID tran&r.
0 Should an aqueduct be constrncted to tramport water from the Imperial
Valley to San Diego County the beuefits appear to favor south County. Since it’s possible to proceed with this project with a vote from San Diego and a vote from one other member agtncy, member agencies, including Carlsbad, have serious conceru regarding this &me. These concerns include tht costs of
the project, the resultant impact on tht rate payer in terms of affotiability,
and the fact that these agencies (including Carlsbad) could be required to
participate in a project that hau no direct beuefit to them.
0 If Car&bad has, in the future, an opportunity to cuter into I water transfer outside the county and ‘%vheel” tht water through CWA pipelines, what “wheeling” policy and charge might be encountered from CWA?
0 Should the IID water transfer pmvt viablt, the amount of water plrrehrwd
from IID, combined with tht supplemental water from Met, would provide
100% reliability. Will CWA continut to support developmtnt of local water
supplies such as the development ofgroundwatet enhancement or water
redamation? Will there be a need to continue to develop local supplim if the
IID trrngfe tcsultr in 100% rdiPbili@?
0 Since Culsbad is preparing to embark on a S20 millioir Pb 2 of itn water reclamation master plan, the present program of rebates from the CWA and
Met are necessary to makt the project feasible Is there any anaIysis of whether Met will continut their Lucal Projects Program for San Ditgo County should their aourcc of revenue be substantially reduced by CWA
reducing its water purchasea from Met? The Met rtbatt was a result ufan
. 02/20/96 14:25 t%u~ 431 1001 C?!#VD -)-)a C YGR - B004/004
Page 3 (cont’d)
avoided cost by not pumping over !he Tahachapi Mountaintop If there is no titer being
purchased from Met, there is no avoided costs md therefore, no future rebates for Sau Diego County local projects.
0 How would OVA resolve the higher TDS level in the Colorado River water
for both alternate methods of transporting the water to San Diego County?
By bringing water to San Diego County through the Colorado River Aqueduct, what might Met’s policy be concerning the blending of the Colorado River water with State Project water to reduce tbt concentration of TDS?
This letter is being sent to you prior to your presentation at nclct Tuesday’s Ch4WD Board meeting to allow you some insight as to Carlsbad’s concerns regard@ this potential water
tram&r, to avoid any surprises and to allow you to prepan responses to the concems mentioned..
Thank you for volunteering to attend our meeting next week to review with our Board this most important issue.
CC: CMWD Board of Directors
CWA General Manager City Manager Assistant City Manager
WATER FOR THE FUTURE
San Diego County Water Authority’s
Water Resources Plan
Introduction
More than 2.6 million people living and working in San Diego County depend upon the
San Diego County Water Authority and its retail member agencies for a secure and reliable
water supply. The drought of 1986-92 brought home a wide-reaching awareness that there
cannot be a prosperous, secure future without a reliable source of water. The drought exposed
the dangers of an unreliable supply and prompted intense activity throughout the water com-
munity to develop alternative local and imported sources.
Two approaches have been identified to address supply and reliability:
1 Supplies must be managed to minimize future shortages.
2 The county must .be prepared for a supply interruption in the event of an earth
quake or other disaster to avoid prolonged outages.
The Water Resources Plan (Plan) details how the Authority will meet its water supply
mission by analyzing current and projected conditions, forecasting water demands for the next
15 years, and recommending an optimal combination of imported and local resources to meet
those demands. Because conditions affecting water resources can change rapidly, the Plan is
formally updated every two years.
The mission of the San Diego County Water Authority
is to provide a safe and reliable supply of water to its
member agencies serving the San Diego region.
Managing Water Supplies
Management Objective: The Authority’s primary goal is to provide the most reliable water sup-
ply at the least cost. The Authority will always seek to find the strategic balance of benefits
and costs to achieve this objective. All alternative local and imported water supplies will be
considered.
Variability: The county’s water requirements are variable in nature. Weather-generated fluctu-
ations influence both the demand for water and the amount required by the Authority for
import. This means the Authority must plan, design and construct storage and conveyance
facilities to have enough capacity to meet peak and emergency requirements.
Management Strategies: Long-term strategies range from the development of local and import-
ed water supplies to participation in state and federal efforts at managing the Authority’s cur-
rent imported water sources, including the State Water Project and the Colorado River
Aqueduct. Water conservation programs also figure into finding this challenging balance.
As future demand increases, the Authority will need to provide sufficient facilities to convey,
store and treat water. Currently, the Authority neither owns nor operates any facilities for pro-
ducing, storing, or treating water. As a member agency of the Metropolitan Water District
(MWD), the Authority will also work to ensure that the San Diego region’s facilities needs are
adequately addressed by MWD’s policies and programs.
Water Supply Challenges
The Authority must face and resolve many issues uffixting the supply ofwuter to Sun Diego County.
Supply Source: The Authority is a water wholesaler, purchasing its entire supply from the
Metropolitan Water District of Southern California and selling the water to its 23 retail mem-
ber agencies. In a typical year, the Authority provides 90 percent of the region’s total water
supply. Ongoing negotiations between the Authority and the Imperial Irrigation District (IID)
could result in a major new source of imported water. This supply would be generated by
conserving agricultural water currently used by IID, and transferring it to the Authority, using
either MWD’s Colorado River Aqueduct or new facilities to transport the water.
While local resources provide on average 10 percent of the total supply, the amount of local
water used in a given year can vary widely, depending upon weather. During a wet year, local
supplies may be used to meet up to 25 percent of total demand; during a dry year, this number
can be as low as 5 percent.
Emphasis on Imported Supplies: The Authority will likely continue to import most of the water
used in the San Diego region, at least in the near term. The need to import water is driven by
the Authority’s current inability to develop sufficient quantities of cost-effective local
resources. However, it is possible to improve the region’s overall water supply reliability by
developing selected local resources, and this is part of the Authority’s overall strategy. Even a
small percentage gain in reliability can pay big dividends during a drought.
Reliability oflmported Supplies: MWD receives its water supply from two sources: the State
Water Project and the Colorado River Aqueduct. Until recently, these supplies were highly
reliable. But during 1991-92, toward the end of a six-year drought, supply cuts were imple-
mented as these soarces fell short of demand.
A short-term operating agreement that guides the export of water from the Sacramento/San
Joaquin Delta has improved the outlook of reliability. However, a long-term solution is still
needed.
WATER FOR THE FUTURE
Long-term uncertainty also exists with the Colorado River Aqueduct. The MWD does not
hold firm entitlement to the amount of water it currently takes from the aqueduct, relying
upon surplus flows for nearly half of the 1.2 million acre-feet per year it receives. As Arizona
and other Colorado River Basin states develop and take more water, MWD could see its share
reduced. Water storage projects have been launched to improve this situation.
Demand Management: The Authority has taken an aggressive lead in promoting water conser-
vation, using programs that provide permanent water savings without affecting lifestyles or
the economy. Conservation is viewed in a similar light as local water development, and has
proven to be cost-effective. Future conservation efforts will be more challenging as customers’
ability or willingness to conserve diminishes.
Emergency Water Storage: Currently, only five pipelines are used to transport all Authority sup-
plies. Water stored locally will help prevent economically crippling shortages during an emer-
gency such as an earthquake. To insure against such disaster, the Authority is pursuing an
Emergency Storage Project, which will store approximately 90,000 acre-feet of water for emer-
gency use. The project could consist of a new reservoir, the expansion of or re-operation of
existing reservoirs, or a combination of the two.
Projected Demands
By the year 2010, water demand in the Authority service area is expected to increase by more
than 50 percent over 1995 demand. Virtually all of this new demand will be for urban uses, as
the projected regional population increases by more than 800,000 people. Agricultural use,
which currently represents about 18 percent of total demand, is expected to proportionally
decline to about 10 percent. For the first time in recent history, population growth is projected
to come more from natural increase, or births exceeding deaths, than from in-migration.
Developing Future Water Supplies
RefiubiIity Goals: The Authority’s reliability goal is to meet 100 percent of its member agencies’
demand 90 percent of the time, 90 percent of the demand 98 percent of the time, and never
deliver less than 80 percent of demand. Transfer or storage agreements under study would
provide additional water during drought years.
Resource Development Options: Options for developing water resources involve deciding the
desirable level of local supply development (reclamation, repurification, groundwater, seawa-
ter desalination) and determining the amount of transfer water that may be available to meet
demand. Economic, physical and institutional limits such as cost and capacity must be exam-
ined.
Con timed on buck page
.-
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WATER FOR THE FUTURE
Recommended Resources Development
The updated Water Resources Plan will recommend a mix of imported and local water
resources to meet the water supply needs of the region. Each potential water resource, includ-
ing the IID proposal, will be reviewed for cost-effectiveness, feasibility, and reliability. The
final mix of resources selected will reflect a balance between the costs of supply development
and established reliability goals. Because conditions affecting water resources can change
rapidly, the Plan will be formally updated every two years.
Conclusion
The 1986-92 drought drove home an essential fact of life in San Diego County: Our lives and
livelihoods depend upon a resource that is transported hundreds of miles, largely controlled
by outside agencies, and subject to cutoff through natural disaster. Without a reliable water
supply, San Diego’s economy and quality of life are at stake.
The Authority continues to work to increase the safety and reliability of its water supply
sources. The Water Resources Plan will set forth goals and objectives for developing local and
imported supplies, constructing necessary facilities, arranging transfers for dry years, and pro-
moting water conservation. By maintaining its focus on reliability, San Diego County can face
a bright water supply future.
Q San Dirgo County Wafer Authority 3211 FIFTH AVENUE, SAN DIEGO, CA 92103 DECEMBER, 1995
L E
Briefing on IID - SDCWA
Water Transfer Negotiations
b San Diego County Water Authority
January 1996
IID Transfer Negotiations Chronology
I. Sept. 14, 1995. San Diego County Water Authority Board approves memorandum of
understanding with Imperial Irrigation District to begin negotiating a possible transfer of
water to the Authority. The Imperial Irrigation District Board of Directors approves
memorandum of understanding Sept. 19, 1995.
l MOU, Page 5
l 09/14/95 San Diego Union-Tribune editorial supporting agreement, Page 11 -
II. November 1995. Metropolitan Water District proposes wheeling prices and policies that
would affect Authority’s proposed plan to transport transferred IID water to the San
Diego region via the Colorado River Aqueduct. Under MWD’s proposed wheeling prices,
the Authority would have to pay $285 per acre foot to transport the water via the
Colorado River Aqueduct.
l 1 l/13/95 letter to MWD General Manager John Wodraska from Robert
Campbell, Authority finance director, questioning proposed pricing, Page 2 I
l 1 l/17/95 letter to Wodraska from State Assemblyman Richard Katz critical of
MWD’s interpretation of Katz’s legislation, Page 26
l 1 l/19/95 San Diego Union-Tribune editorial critical of MWD’s proposed pricing,
Page 29
III. Nov. 21, 1995. MWD and Southern Nevada Water Authority announce plans to enter into
memorandum of understanding regarding the transfer from MWD to SNWA of IID water
to be conserved through construction of a lined canal that would replace the existing All
American Canal owned by IID. MWD Board approves MOU Dec. 12, 1995. Under an
existing agreement with IID, MWD would pay to replace the All American Canal with a
new, lined canal. IID, in exchange, would give MWD the water that otherwise would have
been lost. However, MWD’s subsequent plans to sell the water out of state raises
Colorado River water users’ concerns.
l 1 l/17/95 letter from Arizona Governor Fife Symington to California Governor
Pete Wilson critical of interstate transfer proposal, Page 30
l 1 l/28/95 letter from Coachella Valley Water District, Imperial Irrigation District
and Palo Verde Irrigation District board presidents to MWD Board Chairman Jack
Foley critical of interstate transfer proposal and questioning MWD’s independent
action, Page 35
l 12/01/95 letter from Authority Board Chairman Watton to MWD General
Manager Wodraska critical of the interstate transfer and MWD’s failure to consult
other agencies with Colorado River rights, Page 37
l 12/l l/95 San Diego Union-Tribune article detailing criticism of MWD-SNWA
MOU, Page 39
l 12/l 8/95 San Diego Union-Tribune editorial criticizing “surprise deal,” Page 40
IV. Dec. 3 1, 1995. IID does not renew contract with MWD for construction of lined canal
and transfer of IID water to MWD. By letting the contract expire, IID effectively cancels -
MWD’s plan to sell to Southern Nevada Water Authority the conserved water MWD was
to receive from IID.
*IID press release announcing IID Board’s vote not to extend agreement, Page 42
l 12/24/95 San Diego Union-Tribune article noting IID’s action cancels MWD-
SNWA plans, Page 44
V. December, 1995 - January, 1996. MWD announces the “reliability plus” program which
they claim will ensure a full Colorado River Aqueduct for the next 30 years; however,
various questions are raised about the program from the agriculture districts in the
Imperial Valley and the Authority’s General Counsel. The Six Agency Committee (of the
Colorado River Board) begins facilitated negotiations on a unified California position
regarding development of a Lower Colorado River Basin regional solution.
.MWD’s Reliability Plus Brochure, Page 45
l 12/19/95 memorandum from Vincent F. Biondo, Jr., Authority General Counsel,
regarding questions and issues raised by MWD’s new reliability program, the
Colorado River Board mediation process and the Law of the River, Page 47
l l/5/96 Six Agency Committee press release regarding the first negotiating
session and the issues raised during the discussions, Page 82
l l/17/96 editorials from the San Diego Union-Tribune critical of MWD’s
reliability program, Page 85
l l/24/96 letter from Governor Pete Wilson to MWD Chairman Jack Foley
regarding MWD “usurping the authority of the State of California,” Page 87.
.2/4/96 San Diego Union-Tribune editorial calling for MWD to cease unilateral
negotiations, Page 89.
I:\IID\CHRON02.DOC
2/5/96
Sai Diego County Wafer Authority
A Public hgency
3211 Fifth Avenue l San Dieaa, California 92103-5718
(619) 682-4100 FAi (619) 297-0511
Fact sheet
Water transfer negotiations between
San Diego County and the Imperial Valley
The San Diego County Water Authority and the Imperial Irrigation District (IID) have agreed to
formally discuss a long-term transfer of conserved water from the Imperial Valley to the San Diego _
region. The talks should be completed by spring 1996. At that point, Aut&ity directors will decide
whether to approve a transfer agreement with IID.
The Authority entered into the negotiations because it has an obligation to San Diego County
residents to evaluate water resource alternatives that are potentially reliable and prudent. The
region’s $65 billion annual economy, job base and quality of life depend on securing a permanent
and diversified water supply.
The goal of the negotiations with IID is to reach mutually beneficial terms for a transfer. The key
issues or the Authority are the amount of water available for transfer, the water’s price and the
contract’s duration. The Authority is seeking up to 500,000 acre-feet of water annually for at least
50- 100 years at a price comparable to that of other reliable sources. _
_---.
The Authority is analyzing methods of conveying transfer water from the Imperial Valley to San
Diego County. -Potential means include use of the Colorado River Aqueduct, which is owned and
operated by the Metropolitan Water District of Southern California (MWD), and construction of a
new facility.
There should be sufficient capacity in the Colorado River Aqueduct to convey transfer water from
the Imperial Valley to San Diego County. The aqueduct has delivered its capacity of more than 1.2
million acre-feet in recent years. But MWD’s firm entitlement to Colorado River water is only
550,000 acre-feet. The rest of the aqueduct’s deliveries either were surplus or unused water that
belongs to other states. MWD’s 1994-95 fact sheet notes, “As other states take more of their
(Colorado River) apportionments, MWD diversions will diminish.” The Department of Water
Resources highlights the same problems in its State Water Plan update, which projects water
shortages of up to 1 million acre-feet for the South Coast Basin alone and a dwindling Colorado
River Aqueduct supply.
Today, San Diego County’s water supply is subject to:
l Reductions of 20 percent or more in drought years.
l Total cutoff during an earthquake that severs imported water pipelines.
l Cost increases from MWD over which the Authority has no control.
l Limitations that MWD could impose during shortages because of the Authority’s
entitlement. The Authority is officially entitled to only 12 percent of the district’s water, but
it buys more than one-quarter of the water MWD sells each year.
MEMBER AGENCIES
CITIES IRRlGmON DIsJRIcJs WATER DlsrRIm MUNKJHL WATER DISJRICTS
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PRINTED ON RECYC!ED PAPER
l Total cutoff by MWD of deliveries to local agriculture. Agriculture uses about 17 percent of
the Authority’s deliveries.
l A water transfer agreement with IID would help San Diego County to:
l Secure a long-term, reliable water supply with entitlement rights ahead of most other
California users.
l Establish an “insurance policy” against the devastating impact of drought.
l Safeguard the region’s business and jobs for the benefit of area families.
l Guarantee the cost of a significant portion of the its water.
l Reduce its reliance on MWD, where the Authority holds only 15 percent of the voting rights
and 12 percent of the water entitlement while purchasing more than 25 percent of the
district’s water. -
l The Authority intends to continue as an MWD member agency and rely on the district for a
significant portion of its water supply. San Diego County remains vitally concerned with MWD
issues. In fact, a transfer agreement between the Authority and IID would relieve tremendous ..- pressure on MWD by reducing the growing demand on the district’s limited entitlements, thus
helping MWD’s other member agencies have a more secure supply.
. An Authority-IID transfer agreement would be consistent with MWD’s plan for water resource
development in urban Southern California. MWD encourages the Authority and its other member
agencies to develop water sources independent of the district. Most of the member agencies have
been rapidly seeking more independence from MWD, at costs in excess of S 1.000 per acre-foot. All
of urban Southern California’s communities share San Diego County’s desire for a more
independent, reliable water supply. Clearly, it would be highly imprudent for the Authority to
remain so dependent on MWD.
l An Authority-IID transfer agreement would provide a tremendous opportunity to reexamine MWD’s
costly Capital Improvement Program with an eye toward reducing aspects of the program that would
not only save money for San Diego County residents, but also would result in less expensive water
for all of MWD’s service area. In fact, MWD has encouraged this step since the Authority-IID
negotiations were announced.
l Consideration of a water transfer agreement with IID is compatible with the Authority’s own plans,
which state that the Authority should fully evaluate water transfers as a way to meet San Diego
County’s future water needs. The Authority has evaluated several resource options both inside and
outside of San Diego County and California, and will continue to do so as possibilities arise. Indeed,
San Diego Mayor Susan Golding was the first mayor in California to call for water transfers in order
to bring more stability and water independence to the San Diego region.
l An Authority-IID transfer agreement would benefit all of California. It would strengthen the
Southern California economy by improving the reliability of San Diego County’s water supplies and
providing an economic stimulus to the Imperial Valley. As it provides a Southern California solution
for a major Southern California water supply problem, an agreement also should increase the
likelihood of a timely resolution to the ongoing CalFed Bay-Delta process.
I:\IID\FACTS.DOC
12/6/95
4
MEMORANDUMOFUNDERSTAN’DING
BETWEEN
IMPERLAL IRRIGATION DISTRICT
SAN DlEGO COUNTY WATER AUTHORITY
This Memorandum of Understanding (“MOU”) is made and entered by Imperial Irrigation
District (TD”) and San Diego County Water Authority (the “Authority”) this day of i 2
September, 1995. The agencies are sometimes referred to individually as “Party” or collectively
as “Parties”.
RECITALS
WIEREAS, the Authority was organized for the purpose of au_ementing San Diego
County’s minimal local water resources with a safe, reiiable and sufkient suppiy of imponed
water.
WHEREAS, the Authority through its 24-member agencies supplies water to almost
2,700,OOO San Diego County residents; and about 20% of the Author-in’s water supplies are used
by local agriculture.
WHEREAS, the Authority is dependent upon the Metropolitan Water District of Southern
California (“Metropolitan”) for approximately 90% of its water supply.
U’HEREAS, MetropoIitan is almost entirely dependent upon two major water suppiies
namely (1) the Colorado River and (2) the State Water Project which brings water from Northern
California.
WWREAS, almost two-thirds of Metropolitan’s current water supply comes from the
Colorado River. Of that supply, greater than one-half belongs to other states and soon will no
longer be available. Moreover, under existing contracts for Colorado River water, the supplies
utilized by Metropolitan are junior in priority to all other Califomia Colorado River water users
and therefore the first to be cut off in times of shortage.
WHEREAS, the State Water Project is incomplete because of environmental, political,
and institutional issues, with the result that Metropolitan does not receive more than one-half of
its contracted-for State Water Project water.
WHEREAS, Metropolitan’s current poiicy is that it is only committed to provide an
amount of water that is substantially less than 100% of the full senice demand of its customers
and sometimes as low as 80% of such demand. Moreover, Metropolitan expressly states that it
makes no guarantees of these supply levels.
5
WHEREAS, the warer demand in Metropolitan’s service area is scheduled to grow
substantially in future decades At the same time, the most recent Department of Water
Resources report on the SUIUS of California’s water supply hi-&Ii&s that available sources of
water are expected to become even more constrained due to such factors as the Bay-Delta
Accord and groundwater overdraft, among others.
WHEREAS, the successfd negotiation of an agreement to transfer water under this MOU
would alleviate pressure upon Metropolitan and its member agencies to develop equivalent water
supplies from the Bay-Delta and should, therefore, help facilitate a more timely resolution of the
pending Bay-Delta issues including the eventual approval and funding of a through-Delta facility.
WHEREAS, in recent times Metropolitan has stated that “MetropoIitan supports the
obtaining of additional water supphes by its member agencies.”
WHERJXS, Metropolitan has more recently formulated an Integrated Resources Plan
(“m”), a key part of which is the development by its member agencies of independent supplies to
meet part of their water demands, thereby reducing their dependence upon MetropoIitan.
WHEREAS, the Authority is dependent upon Metropolitan for as much as 90% or more
of its water; most other Metropolitan member agencies are far less dependent, many less than
50%, and many have adopted programs under Metropolitan’s IRP that wiI1 continue to reduce
their dependence upon Mezopolitan.
WHEREAS, the Authority uses and pays for approximately 25% of Metropolitan’s water
supply. However, provisions of the Metropolitan Water District Act (the “MWD Act”) leave the
Authority without a proportional representation or voice in the establishment of Metropolitan’s
poIicies and with a cloud upon its legal right to a proportional share of water in times of shortage
or drought.
WHEREAS, other provisions of the MWD Act define water use by agriculture as
“surplus” water with delivery subject to being cut off by Metropolitan. This leaves San Diego
County’s farmers and agricultural businesses, which account for about 20% of the Authority’s
water sales, in the untenable position of never knowing whether water will be made available by
Metropolitan from year to year.
WHEREAS, the Authority has a mission to secure a long-term water supply that is (a)
reiiabie (b) certain and speci.6~ as to quantity and quality, and (9 affordable and certain as to cost
to meet San Diego County’s water needs, to provide protection against drought for municipal,
domestic and agricultural users and to safeguard local industry and jobs, including agriculture, for
the benefit of its local citizens.
WHEREAS, the Authority seeks a Iong-term water supply to allow for appropriate iong-
term planning and financing activities by both the Authority and local businesses.
6
WHEREAS, KID has a permanent senior water right to use on average approximateiy
* 3,300,000 acre-feet per year from the Colorado River, the majority of which are present perfected
rights that must be satisfied in times of shortage before most other rights in the three Lower Basin
states.
WHEREAS, KID seeks to maintain and improve the economic well being of the Imperial
ValIey by promoting and supporting oppornJnities to transfer the right to use Conserved Water,
provided:
a. alI legal title and ownership to ail Conserved Water remains with LID;
b. the transfer is economically beneficial to the Imperial Valley; -
C. third party impacts, if any, are appropriately addressed;
d. the price of the Conserved Water is based upon the fair market value as
agreed between the parties; and
e. environmental impacts, if any, are deemed to be satisfactorily addressed
pursuant to federal and state law.
WHEREAS, Conserved Water means a water suppiy of the same priority as if used within
Ill3 created by the use of less water and/or the reduced usage of water, which less or reduced
usage is of a type which is deemed to be “water conservationn as defined in Calif Water Code
g 1011.
WHEREPLS, California law and water policies authorize, encourage and supporr the
voluntary transfer of Conserved Water benveen willing buyers and willing sellers.
- _
WHEREAS, the United States Department of Interior encourages water marketing.
WHEREAS, MetropoIitan has encouraged water marketing as a key element of its Water
Resources Plan.
WHEREAS, the Authority’s Water Resources Plan includes water transfers as a part of
the long-term solution to San Diego’s water needs. The Mayor and City Council of the City of
San Diego recentIy requested the Authority to further investigate water transfers on a priority
basis and the Authority has agreed to do so.
WHEREAS, the Authority would continue to be a member agency of Metropolitan and
would continue to rely upon it for a significant portion of its water supplies.
WHEREAS, IID and the Authority would utilize a water transfer to supplement and
strengthen both the agricultural and industrial economic base of San Diego and Imperial Counties.
7
.
WHEREAS, the Authority anticipates a need for an additional water suppiy of up to
500,000 acre-feet per annum.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The parties agree to develop for consideration by their respective communities and
Boards of Directors an “Agreement” under which IID would make avai.IabIe Conserved Water
and the Authority would agree to purchase the use of such water on mutually acceptable terms,
such Agreement to address among other things, the following:
1.
2.
3.
4.
5.
B.
The amount of Conserved Water which the Authority would receive. -
The length of time covered by the Agreement (“Term”).
The price to be paid to LID.
The legal means necessary to assure the Authority that the amount of Conserved
Water it buys will be available to the Authority for the Term of the Agreement.
The Agreement shall comply with alI applicable state and federal laws.
Although neither IID nor the Authority is bound in any way to proceed with the
transfer of the right to use Conserved Water until final and complete documents are executed by
both p&es acting in their sole and absolute discretion, this MOU confirms their mutual
understanding and desire to enter into good faith negotiations towards consummation of the
necessary agreements. Such negotiations shall continue for a period of up to six months, but will
in any event proceed in a timely and deliberate fashion according to a mutually agreeable timetable
to be enabIished by the Parties. Such period may be extended by mutual agreement. During such
time including any extension, BD and the Authoriq may aree to negotiate with others regarding
the provision or acquisition of any water supply in a manner that does not interfere with the
negotiation and consummation of this transaction.
C. Transportation of the Conserved Water from IID to San Diego County would be
by the most practical and economical means availabie and according to the circumstances and
oppommities that may exist from time to time.
D. The parties anticipate that this MOU will be fully communicated by the parties to
their respective constituents, Congress, state legislators, federaI and state agencies, and others.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding
as of the day and year tist above written.
8
c t
ATTEST:
IMPERIAL IRRIGATION DISTRICT
Approved as to form and execution:
9
SAN DIEGO COUNTY WATER AUTHORITY
ATTEST:
10
. - ’ The welz won’t go dr- w
* _ If San Diego and Imperial agencies agree
I t could solve our water probiems
for aII time. A proposed agreement between-
the San Diego County Water Au-
thority and an Imperial Valley
irrigation district would be a real solu-
tion to a previously intractable problem.
If the agreement goes through. and the County Water Authority builds a con-
veyance system to get the water here,
San Diego would have enough water to
meet its needs for the foreseeable fu-
ture. This week, the boards of the County
Water Authority and Imperial Irrigation
District are considering a memorandum
01’ understanding that would begin ne-
gotiations for a water-transfer agree-
ment. Under that agreement, San Die-
go could buy as much as 500.000
acre-feet of water a year for perhaps as
long as 100 years. Currentiy, the County Water Authori-
ty impons only about .~O.O,OOO acre-fee:
into the county through the Los An-
geles-based hletropoiitan- Water Dis-
trict. That means this deal could pro-
vide all the water we would need for
years. although our population grow-th
ensures that we still would have to
import water from Northern CaLifomia.
Such proposals between San Diego
and Imperial counties have been ar-
tempted before and have failed, en- snared in arcane water law. But, al-
though many obstacles remain, eve? efiort must be made to ciinch this deal.
The San Diego and Imperial county
water boards should approve the memo
of understanding. It would benefit the
people of both counties. : For San Diego County residents, the
deal could mean that businesses, agri-
culture and residences would have all
the water they would need. Short of a
cataclysm, we would be drought-proof. And while we still wouId need some
Northern California water, we would be
nearly immune to .north-south water politics.
As for Imperial County residents,
they would get a truckload of money
from us every year:Tky currently buy
water from the Colorado River for
about $12 per acre-foot. They would
sell it to us at market rate, somewhere
between $400 and $800. If the Imperial Irrigation District were to sell the full
500.000 acre-feet, it could earn hun-
dreds of millions of dollars a year.
Most of that money would go to con- servation projects and to the individual
farmers who sell their w-ater. But Impe-
rial Irrigation Dis*&ct of%& say it’s
like& a fund would be established for
pubiic projects. The Imperial Irrigation District gets
more than 3 million acre-feet of water
from the Colorado River each year -
six times what San Diego County uses.
Impetial Irrigation District board mem-
bers beheve that, through conse.Tation
measures, they can save the 500.000
acre-feet to se!1 to San Diego Counry without undermining the agricultural
economy there.
The vagaries of water law could still
obsxucr any deai. A pat: calied the
Seven Parry -4giee.ment. passed in
193 1. divides California’s share of Colo-
rado River water by gi!\‘ng certain agencies priority iri water purchases.
Whatever one water agency doesn’t use
goes to the nelcl agency on the list. The
Imperial Irrigation District is at the top of the list, but the San Diego County
Water .riuthority isn’t on it a: ah. San Diego and Imperial county water
officials say .their deal wouldn’t take
water from any other water agency, so
other agencies shouldn’t object. How-
ever, water is power in California, and it’s unlikely that such a huge-amount of
water could change hands without other
agencies in the Seven Party Agreement trying to get a piece of the action.
Nevertheless, the San Diego County
Water Authority and the Imperial Irri-
gation District should move forward quickly toward this historic agreement. Others may object, but in reality this
deal wouldn’t affect them. The opportu- nity exists for abundant water for San
Diego County. Seize it.
11
SanJXego County Wafer hfhority
A Public Agency
NEWS
3211 Fifth Avenue . Scn Diego, California 92103-5718
(619) 682-4100 FAX (619) 692-9356
Contact :
l?i'.aczice Luque,
San DieSo County
Water Authority
(619) 622-4181
or Patricia Erock Warrer.,
Ennerial Irricazior. Dlstricz, (Ei9] 339-9Ci7 -
cc-- u-z-* 19, 1995 _.
Water Authority, Imperial Irrigation District
a;r ee to initiate water talks
T ‘r_ e II;,=: ^ E-, -i al IrT-ir- + =c.-icz Dis-,ricc (113) hca--d c,f divC---Y= ---cY--
--;;-/ a;'Z3COVEC ope+r,c disccseiczs with the sax Diets ccil_-Ly *u-e_
T,-lt-=- $-~~=‘r-o-: '-,,' t-at ~L~~J lea", tG 2 T,<at--.r cc-s~~-v-EtiC; e.r_c --- - - -_
T- cexra.l, --- the memcran~zz szates t&t 113 ez.d t"e Axthority _-
- - 0.: 1 i I dEVE IGD, for consideration by their respective corxxzities
az2 board of directors, an aqefment under ;~;‘r,ich IID would m&c
a\-?. Ila.jle conserved water and the Authority would agee to
purchase the use of the conserved water on mutually acceptable
tc--lc -e-L L . The ageement would address, among other things, the
followirq:
-more-
CITIES - or uor . f,<ono.oo - r4Olwm.d Cd” - S..on..d* - bm. - b. o*.q.
colmn . an Owyo ,.. *ah ‘01
MEMBER AGENCIES
IRRIGAllON DISTRICTS WATER DISTRICTS - S.n*a Fe . b”lh B.. . H.4,. . 0,“. . “.,lO * 5.n 0.yu.m . “O,lr(llO,
MUNICIPAL WATER OlSTRltlS . idIIID.0 - bmona . JI...mn.n” - P.vcon .A., onoio . P”dl. O”.. . “dr. c.m...
. C.w~0.. . l”.l”O PU6llC UrlLlTY DISTRICT 13 FEDERAL AGENCY . idlb..m. hmdrum M.1.10,. Ir*r..ww
PFIPIKD i)N QE;‘ilE3 PhIye
A r Water talks/page 2
l The amount of water that the Authority would receive.
l The length of time covered ;by the agreement.
l The price to be paid to IID.
l The legal means necessary to assure the Authority that the
az.cunt of conserved water it buys will be evaileblr for t'ne term
cf the agree-men t .
a Compliance with all applica.jle state and federal laws.
"We are pleas ed to b,e ooerirc _ water mar*+tirg ~ikC~SSiOTY~
bi 1 -z?L cur -,L I-cqg‘r?bor, the Saz Diego County Water Authority," said
EI:l bcerd prz:si dez.t Eill Co&it. " bja t E ,T riEr;ceti-r?g ir- the l,c,oOs
r;s=-c C'EZ'C' .-e--e _- ---- oppor~urlities for s ~rclgtherkig the ayic-LLlt-Cal
--- cT4-Erall c--- ec0rsm-ric b.a.se for Im;erialCcunty, while making water
---- c. cilzkle for USE by another area in need.
"15 oi?r role as trustee of the water rights for the
l~-_c~b.~ers a.r,d growers in our district, our board has been
wcrking closely within t-he community we serve to develop a
cc:cervation program that will make conserved water available for --
trz7cfer n -a--u - .
IJGyk Watton, -La chair of the San Diego County Water Authority
beard, said, "This represents a tremendous opporttinity that could
benefit eve,ryone. San Diego County would gain a secure, long-term
WBZQ?I supply to augment the water we already receive from the
Metropolitan Water District (MWD). The MOU e,xpressly
-more-
13
I I -
Water talks/page e
. acknowledges that San Diego will continue to be a Eetropolitan
member agency and rely on MTND for a significant portion of its
tcczl water supply."
"We must keep in mind that any transfer _ aoreerr,ent can 0~1~
succeed if both San Diego and the Imperial Valley find that it
wiil benefit their citizens. --- I look forward. to beginninG the
cl c-llccions End .znticiglte z successful outcome." ---u-w
Wztton note5 that lezsers from throughout Ce1ifc;rz.i~ sxz~crt --
(Xc if to jocrzzlis;z: E_ttE.r:?eE are copies of kriei
--c- I cc - =..te-r tc b-v SE-? Di ezo l4~yor E2szz Go1 din,, C-r D ,’ c-0 “c-, --= Co IL-P- c’
c..--cw---c7y tivr--‘.-,L- r ZT Sia:te- c-- -, UC--. D 2vic G. _- Ke’ 7 ey, SEX. ziz Costa EZd
r-.7 cirsc=or Deb-it- Ke-y-y~.<y. ) Le.-.
14
Statement by San Die$,, Mayor Susan Gelding
Regarding MOU between San Diego County
Water Authority and Imperial Irrigation District
"The San Diego Water Assurance Plan I established last year
creates greater water independence for San Diego. It marks the
first time any city in the state has ever adopted a policy to negotiate separate agreements to purchase water from a third
party.
‘The water transfer agreement between the San Diego County
Water Authority and the Imperial Irrigation District means that
we in San Diego would be able to buy water from a district that has extra to sell. The agreement would protect San Diegans from -
the threat of mandatory water rationing. It, as well as others, should be pursued to help protect the quality of life for San
Diecrans. ti
Statement by San Diego County Supervisor Pzm Slater Regarding the
MOU between San Diego County Water Authority and Imperial
Irrigation District
"The agreement that has been reached between the San Diego
C0cE.t-y Water Authority and t'ne Imperial irrigation District
represents history in the making. As a merker of the Authority EoarC of Directors, I have parti cipated in the s:r-uccle to solve -- SEX Diego's lor,g-term water needs, and have firs:-hand knowledge Gf our criticE.l need to secure and maintain a reliable, long-te-rm .- L LvG LET supply.
,,I e2thusiasticaJlV endorse this agreement, --- as it is a first E t e2 toward establishing an independent beachhead for San Diego
--I i- the developing water markets. I applaud the efforts of these
two public agencies and look forward to continuing to assist this
effort."
15
I
Statement
Regarding
. San Diego
by Senate David G. Kelley
MOU between
County Water Authority and Imperial Irrigation District
"This is a terrific and timely announcement that benefits
all of California. This proposed transfer goes a long way.
towards securing long-term water reliability which is so desperately needed to protect the economy of Southern California.
In addition, this will now further enable us to shape solutions w'nich reflect a sensitivity to the continuing needs of Northern
California's agriculture, environmental and urban interests.
"This conservation and transfer prosram will help Imperial
County bring some badly needed dollars into its depressed -
agriculture sector while allowing some portion of the proceeds iC go toward helging the overall community as well. P-s for San
Pi E.-O Coun--q d-v= A.-_ , this gives it something that you simply can't pet a
price or - a guarantee<, long-term, relia.jle water s-JB?ly that
~'11 proiect t'ne local --^ economy from the devastating effeczs or' waier shortages. Not to nez.iior;, this relie7Jes tremendous gressze CT- the FetroGolitan, Water Dis~ricz and should trove
e:czrE~Lely f a.';0 s.- - -&le to its 0 ker ne53er ageTic1es . "
Statement by Senator Jim Costa,
Chai,xnen of the Senate Agriculture a-d Wa'e- ,.A a - Ccmmittee, Kegarding MOU Eet-tieen San Diego County Water Authority and Imperial Irrigation District
"T-*e lg,zter needs of our growing peculation are quickly cuzs zrigsirq our SilCD'V. I am s*cl-,gorYive of - - -- volur-itery district- iQ-dis=ric= w,stc,r transfers, s-ac'n as tkaz proposed bezwee:, San r,i CT-0 Ma'= a.nd Imperial. This is a model transfer that helps provide
cnc gicrs --c -N-w to the puzzle needed to solve our long-term water ~r0b1e7.s. Acti0r.s such as this COUCHES with solutions to the E ay-C&ta pr oblems can give California t'ne reliable water sucolv -- a yccr;c.Y ---u-d to protect both jobs and the environment."
Stat&Tent by David N. Kennedy,
Director of the Department of Water Resources,
Regarding MOU between San Diego County Water Authority and Imperial Irrigation District
"This really is an extremely positive development for the State of California - it is a significant piece of the puzzle in the on-going effort by the agriculture, urban and environmental sectors to find long-term solutions to the State's water supply challenges. This could serve as the "model transfer,, in California as we strive to use our supplies as efficiently as
possible and to develop additional supplies. San Diego County Water Authority and Imperial Irrigation District deserve great credit for moving this program forward.,,
16
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SDSNION-TRIBUNE: qlzo/* sDcw* CUPRNG SERVrCE
Sun qiego Comfy Wafer Arfhorify
A Putilc Agency
3211 Fifth Avenue l San DieQo, Caiiiornic 92103-5718
(619) 682-4100 FA> (619) 297-0511
September 22, lG95
John V. Foley
Chair, Eoard of Directors
Merropolitan Water District *_-w&
P.0. Eo:< 54153, Terminal Annex
Los Angeles, CA 90054
FE.:< ~.cnber: 213-217-6650
De2r Chair Foley/: -
-- I-2 YC,U knew, the Sa.11 Die,zc Co.<~;~-a; \rja,er ;-~~t‘nor~~-~- >-as
i~-i=~~-e~~ ~iscc;?cci opt wit'n --- -I -- the 3lperiz: Irriga.tior Dlszrlcz ,---\ \ -AJ/ ccrcerzirg a possible wafer transfer agreement. I-A : --a-s
dfyielcprie~-~z has prompted c_uesticr.s abcl.2: the -'.t'-ority's r-4 --- 1--=-- zpwc c;-- -.---.i---l.*- a-c.- I hope to ansi:er in this Ict,;_r.
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,c ~-;~,l,~~~e 7,.;a,-cr reS3-crce al~~r~-~-~\-~s -,5-z a.re ~c~e~ir~~lly
c--"-F= ------ ET-C - pr,&r-t . \ya.,fr+= tra,_s fcrs cs.-'E E~.srL~ the -- c-tE-'re- - 1 :- -;- - c-e d es L--c, Ii-.i.,st be ,zSS~SC~.~ ,zs (-D-cr~.~:*it:es a.r+se. - -c
r‘,- -..-;q,G --. ; - --a= I.-L--b.- - -1’ --cs pc.licly s,sgcr,e.;, ‘,-.e ;-T,;l~~~n=~:is~-
r = E;,LZz.‘fle wa,,e-= tre?-sfErs -- &z-..i~er- b-1“ z-c ssi i E-C ar-6 ------ -- -I
;....-,- b-L’=- 2 f;- rLareT,- -ye=-= _ _ u-w. )je e:<Te.-z tza7-S fsrre,: ;.;,zzey tc be
--_- ,-l -:- I -_ *c- - b - ,.:e E A A/_ Of r2sources -:-- c--c - .*:z 1 ; TliEsz - : ^ ..--- L-a= ,ca._ ws.zc
y=,-: pm f - -=-e-- s p,:a- Fr -cm reeds. Our pjE-=- --- ?.eso;lrces Tlaz, a&pte.c: &
* : ^ x . . - ; --.= E---I C’ t,- - 1-1 50ard 05 D~~E.CZC~S i- PT\;c~iE~kEr I293, --A SE2,ES -;- - L-.C- "C;\-s--- t+ difficclty i- ply-ir-c a.r-6 buildir,g ppil,-sece--
fa,cilities for increased develc~ment cf water resources
-w- 1 * '- : - L-.-L C waif)?---; - .L -A-G, the option of water traxfsrs m-is; be -'..: - -i-I-- Iv evaluate5 as a means of meeting d~9an.d.~
With this in mind, the Puthority responded w-hen we became aware that IID Directors had approved establishment
of a water marketing study committee to actively seek mutualiy beneficial water transfer arrangements with any
interested party. Informal talks between the Authority and
IID ensued, followed by the drafting of a memorandum of
understanding that represents an agreement to hold formal
CITIES . I *.I*, . .;no,,: - ‘,.a.,O”.,, <:.I> . h.O.-...I.. . +*... . ,a” 5 ,,.. il.
C0UNl-f . n.... . .-
MEMBER AGENCIES
IRRlGArION OlSTRIcTs WArER OISTRICTS . L”l.3 ir . ;oum On” . II . ..#. . s) 10. . “,rkl . \.I.. IhOlll~l. . ..ll.Tll”.
PUEllC uriwy DISTRICT FEDERAL AGENCY . :311,v,w. 18 . .‘..“Q,” . . . . t>.,.,“,. . . \. . . ,t, ,..
MUNGPAL WAlER DISTRICTS . :.a I.,,.l . : ,,* .,,,, . : ,,.... II/... . ,.. ..- ,. ..I . ,... i :- . ..,,... a..,. . c .,... m . ml
/A Lerter co Chair Foley/ re t-do
discussions regarding water transfers. The goal of the
discussions is to reach mutually beneficial terms regardins the duration, amount, cost and other key terms of azy
transfer arrangement. Authority Directors approved the IGOC'
on September 14; IID Directors did likewise on Seprexber 15.
The MOU expressly acknowledges that t'ne San Dieso
County Water Authority will continue to be an F'WD member
agency and will rely on the District for a significant
portion of its water supply. San DieGo remains vitally
concerned with EWD issues and t'ne s'uccess of t‘ne District.
As I stated above, e:r.amination of a pctentia.1 transfer -
arrangement with IID is consis zent with the Authorlt~'s
aclGDtee plans. We feel it is consistent with F:!C's a~dc,pte~d
~:z-ls as well. The iz~e~ra.',eC', Eesocrces F1az ezc~xr~;~s ttif
L..2t?iority and other i+iD me+er agencies to develc,g --:-f _ --a=-- c ::Y . _- 6 vvc,er SOU?rCES indeoendent c f X:13, as rnOSZC~ -. t" ET;
;z adde.5 benefit or' the potential transfer
a.Ie dcir_ .
a"a~~E~.E~t ^- Ic -;- - c--c L i= Would prcT;:de E pE.r:iE.l sout‘rer:- Cz.lifcrr-iz */,:z.te.-'
s,ss 1y solu-,ion t- a rLa.j 0~ sc:~r>~erz Czlifcrr-ia +.:~f~~ s,s~~*.,-
C -' -, ,--"-- 1- --.u:,c . As suck-i, - *- VJ e '&lie:;e ir will irT,c'F- c -,=,E :+-e ;i:ip=-~;d
cf a timely resolution to the cncoing Eay--1elt~ il ,e~SL~a,1Ons, for ;>:e r--c--= ?,er-tiire.5 ir- mer-l; cf :.:cc<--J's C5-Lr.- Y=-rC?+ - ------ reports tc tke Ssa.rZ.
We locic. forward to a period of time in the next s~y~-er= - --
X-LO ?- 7; ** ,LiS Clh2.t Will allow a corsldered a.nd cautious e:-:3I~razii5
cd discussion between the PT.-'- -l--Lority and ii3 resardinc a crss~ecrive transfer
izvo-ve N'WD as well. i
Sept. 25, to discuss
a.cree3er.r. Of C-,Clc - t-r; c &-c, -I-- P rc,cec= - -1 : -- w--1 I look forward to seeing ~012 cn Fonday,
t h i s s;lbject in more depth.
Sincerely,
Eark W. Watton
Chair, Board of Directors
cc: MWD Directors, General Manager Wodraska
19
SD UNION-TRIGUNE: \\I& sxw* Cs-bG YRVC ;
.
- San Diego’s water torture
How to solve the problem of future county shortages
By KEN WIDDER
S an Diego County is facing a major problem which must be dealt with irnmediateiy to protect our econo-
my. our jobs and OUT future. Fortunate!y. there is a solution.
Tne probiem is stightfonvard- San Diego faces a year-to-year threat to its water supply because of our nearly total
dependence on the Metropolitan Water
Dismc: (MWD). Since MWD has one of the lowest prior-
ities on the entire Coiorado River, we have been forced to live with an unreliabie
ware: suppiy. as well as the cons’zn:
threat of drought. The second aspect of this probiem is
ever. more worrisome. San Diego County nek-5 an additional 500.000 acre-feet per
yerr oi rehbie water in order to s-u.7.-ive
the nex: 50 years. That’s 500.000 acre- fee: yr year on top of our already fragile
curen: supoil;. Thus. we have an irnmedi-
ate neti for an independent. reliabie wa- ter suppiy to cover today.‘5 needs, and we mus: aiso secure the adaltional suppiy
needed to supper, our local economy for the inrxe. The droueh: tha: hit Caiifomia from 1955 :o 19~l - and the ensuing sate of e.zergenc; - was one of the most d?ti-
cu!: times for San Diego’s biomedical in- aus-2-i. T’r,e region iaced potential massive cuts
in i:s water supply from its singie provider oi impor;ed water, the MWD. hlWD was unable to guarantee San Die- go i:s allotted water supply. Water, the
mos life-sustaining resource, was at a premium. and San Diego’s water vuinera- bihry was never more evident. Ko other water suppiier was a\-ailable.
Today. the Imperial Irrigation District (IID) and the San Diego County Water Au- thoity (SDCWA) are taking strides to en- sure that San Diego has another water supplier. These agencies would like to prevent a water-shortage problem. With a
water-transier program, San Diego Coun-
WIDDER IS president of BIOCOM San Diego, c.‘lalrman of the San Diego Fiegional Tecnnoiogy Alliance and chawman and CEO
of San Dt$go-based Lfolecular Biosystemr,
II-C.
RlC.iAFi3 W--14*.:
t)r residents and businesses w-ill have a re-
liabie water suppiy through good tures
and drough:.
The biomedicai indus-P; relies her+ on water to conduc: business. For b:cmed- ical companies to prosper, the regicn.5 water suppiy n~s: no: fall shor,. .4s =-a:~,:
pro\%ies tie tc all lking things, so. t:.:. does it provide l2e for our indus-q. Wk. the possibie ex:ention of the local Sz.
Diego County agncdtural i.ndus~<. ::e biomedical con-nun+ was the indzr:, most severe& mpac;e d by the last drought.
Approxznate!y 130 biomedical cc:na- nies make the!r home in San Diegc.
Should tis county ever face ratior-.; us a
water crisis, our industry and the jc’k i:a: are directly (and mdirectly) affectei would be severei? damaged.
San Diego’s water supply, deliverti by the MWD, comes from two sources. tie Colorado River and the State Water Pro- ject. and neither can be viewed as reLable or adequate. Approlcimately two-t-l-&s of our water comes from the Coloradc Ever. San Diego’s legal rights to this water are
surpassed by other agencies in the region because we are drawing almost double our entitlement. Even more frightening is the fat: tilat
we are using water owned by other states
to meet our current and long-term needs. Our other source is the state water-pr* ject aqueduct, which export water irom
the Bay-Delta to Southern Califoti.
Numerous environmental, political and legal issues will continue to restrict the
exports oi water from this source. and no one is expecting a resoluuon in the near future. -
In fact; the California Deoarunen: of
Water Resources recently concludd that areas l&e San Diego County, whid rely
on the De!ta for all or a potion of tie- supplies, face great uncerainty in u-ate:
suppiy reliability.
Because oi this uncerzntv. our entre
economy, jobs and qualit:; of ke are at
riSk.
One recent study note? that even a
shon-term drought will result in economk ‘asses of S2j billion to 01~’ 1-i econom:;.
For the biomedicai indust.;. this uncer- tainty in water reliability is simply unac- ceptabie.
A water-transfer prograii beseen the IID and the SDCWX wodl soive our cur-
rent and mture water-supply probierns. hlore importantly. due to Lne senkty of IID’s water rights. a tircier agreemen: would guarantee a reliabie. affordabie wa- ter supply for iurure economic develop
ment.
This agreement would also pro\;lde San
Diego with long-term cost certain::: for a majority oi its water supoties.
For the biomedical indus*try and busi- nesses throughout the region, the transier will allow us to lock in a fixed price for the
next centurr.
The program between IID and SDCR.4
is an important step in ensuring Sz-. DieEc
is not faced with another water shortage or mandatory water ratiornng - rationing that would cause irrepamble damage to the biomedical industry and others which rely so heavily on a water supply.
The biomedical industrl; will be watch-
ing with interest to see if San Diego re- ceives a secure and reliable water source. This industry hopes that CWA and IID can reach an agreement that ensures our county has an alternative water supplier and is never again faced with the pros-
pects of a water shortage.
20
.
SaAXego Counfy Wafer Aufhorify
A Public Agency
3211 Fifth Avenue l Scn Diego, Coiifornic 92103-5718
(419) 682-4100 FAX (619) 297-0511
November 13, 1995
Mr. John Wodraska
General Manager
Metropolitan Water District of
Southern California
P.O. Box 11583
Los Angeles. California 90018
Dear Woody:
Prooosed MWD Policies on Water Wheelinq
The Authority is concerned about the District’s proposed policies and pricing for
wheeling water through the Metropolitan Water District (MWD) system. We think that
the staff position is both inconsistent with the concept of equity for member agencies
and with the current Integrated Resources Plan (IRP) and water pricing policies which
allow and even encourage agencies to find other water supplies. it1 fact, MWD’s IRP
policy calls for MWD to pay an agency up to $250 per acre foot to reduce their MWD
purchases. In contrast, the staff wheeling recommendation attempts to hold captive
those MWD member agencies who wish to wheel water, by including lost sales in its
proposed wheeling rate. The proposed wheeling policy will force agencies to bypass
the MWD systefn rather than use excess MWD system capacity, and cause water rates
to rise unnecessarily for all MWD member agencies.
Schedule
Last month staff promised the Board and its member agencies that they would
perform additional analyses on unbundling of cost factors. Instead, the draft wheeling
policy submitted to the Board this month does not reflect any such analysis nor have
member agencies had an opportunity to provide review and comment. A MWD cost-of-
service study in progress has not been completed, and again the member agencies
have not had a chance to review or comment on the approach being used or the key
assumptions. We would like to see MWD complete this study and develop an
equitable wheeling policy as soon as possible so that the Authority can better evaluate
its proposal to purchase water supplies from the Imperial Irrigation District. The
Authority believes that the November draft memo to the Board if approved in its present
form cannot result in an equitable resolution of the issues. Fairness requires a full
understanding of the costs and their allocation. It also requires a clear vision of how
the use of wheeling to supplement supply to District members will be incorporated in
the IRP and how it might reduce the Capital improvement Program (CIP). The draft
CllIES . > \I<. . <rt;rooo . ..:. :s: ---. . J..s*w, - a;--, . :c- : ‘I:
COUNTY . ..<- : -:: _. -..
MEMBER AGENCIES
/RRlCArlOtJ OISTRIC~S WATER DI~RICIS . s.ante ce . IOYlh SC.. . wr(,. . c.:. . v.,lO . bn :a;. .D . ‘,.!Jk 7,)
PUBllC UTlllTY DISTRICT 21 fEDERA AGENCY . + L.^... . Yrr<l *.,.- .* .~. ;* _. :...
MUNlClPAL WATER DISiRlC7S . irwaoo . P:-po . a-““..” . t -a:- d.I O..aio - bar, h” . a? 0 :,n..r . h-.0- . ..-a
Mr. John Wodraska
November 13, 1995
Page 2
document sent to the Board of Directors on September 26, 1995, with the subject:
“Transportation (Wheeling) Water by Metropolitan, “clearly indicates a lack of detailed
study and would not (in our view) stand up to scrutiny if challenged in the courts on the
basis of fair and equitable rates.
Blanket Approach
The staff draft reflects a “one-size-fits all approach” to making wheeling available
and to the pricing of services. The proposal results in a wheeling rate which can be _
higher than MWD’s non-interruptible rate and at the same time gives wheeled water the
least possible priority for delivery. MWD already charges a much lower rate for
seasonal deliveries when excess capacity is available. It is unclear to us how MWD
can justify a lower seasonal rate in one case when excess capacity exists, but charge a
much higher rate for wheeling water with a lower priority of service using similar excess
capacity.
We urge that MWD’s proposed requirement for full revenue replacement
(especially if for non-firm capacity) be reconsidered. The proposed policy recovers
more than full costs and appears to be designed to penalize those wanting to wheel
through District facilities, Further, the policy allows for “exit” and other fees. MWD
member agencies, at least to some degree “exit” the system regularly. To call for full
revenue replacement-and “exit” fees only on wheeling member agencies or upon some
agencies and not others, would be discriminatory. Such fees would also run counter to
the policies of the Local Resources Program (LRP). Member agencies that diminish
their demand upon MWD through the LRP are not asked to pay amounts to cover the
same fixed costs “that a water sale would provide” to MWD. Why then should a
wheeling member agency be required to make such a payment when such member
agency accomplishes the desirable goal of downsizing its demands upon MWD, the
same goal as that of the LRP?
The Authority thinks there should be further detailed investigation into the
concepts of unbundling services, costs and rates, providing both firm (non-
withdrawable capacity) and non-firm wheeling, and separating supply from
transportation, The Authority believes that this approach, with proper consideration in
the IRP and CIP, will not hurt MWD or compromise other member agencies. The IRP is
designed to decrease the need for new, high-cost supply. Purchase of supply from
outside MWD by the Authority would do just that and should therefore be supported by
staff.
22
i Mr. John Wodraska -
November 13. 1995
Page 3
Cost-of-Service
MWD has long relied on the postage-stamp principle of assigning costs and
benefits of water supply, conveyance and storage facilities on the basis that the
integrated system cannot be effectively allocated according to use. The Authority has
gone along with this approach even though we are currently receiving our supply
principally from the Colorado River through the Colorado River Aqueduct (CRA) which
has lower costs and provides substantially poorer quality water than State Project
supplies enjoyed by other member agencies. The new wheeling proposal aggravates _
our situation and causes us to question the equity of MWD’s rate structure. As we look
to the future, we see a high likelihood of agency-to-agency transfers between MWD
members and with entities outside MWD. We also anticipate increased reliance on
water transfers. The integrated or bundled system approach, as proposed by staff,
simply will not work for this new environment.
Tine Authority proposes that the cost-of-service study (now under contract) be
managed to provide clear separation of the MWD’s supply and conveyance costs. In
addition, we recommend that facility-based wheeling rates be included. Contrary to the
staff report, this is consistent with the changes which took place in the natural gas
deregulation and the trend developing in the electric industry. Finally, the Authority
thinks that separate rates should be established for firm versus non-firm wheeling
service. It makes no sense to charge the same amount for firm deliveries as for
withdrawable conveyance capacity or even conveyance capacity that is available for
only off-peak delivery periods.
Availability of Capacity
The staff plan assumes that at least through fiscal year 2003-04 the CRA will be
at full capacity. The ability to do that however, is dependent on acquisition of
additional supply from others holding Colorado River water entitlements. If successful,
this will leave idle a substantial portion of MWD’s State Water Project (SWP) supply
entitlement and increase its unused capacity. We believe that as long as MWD has
unused capacity and supply in the SWP system, then it really has unused capacity in
the CRA system, because water can be obtained from the SWP to replace capacity
used to wheel water in the CRA. Further, it is not clear that the need for MWD to
secure a full CRA has been demonstrated. Neither do we think that the potential for
future contracts can be considered as “used capacity” under Article 4, Section 1810, of
the California Water Code (Katz legislation). We believe that the intent and purpose of
the Katz legislation is to make prospective unused conveyance capacity available to
other interests, and that based on current contracts there is unused capacity,
23
Mr. John Wodraska
November 13, 1995
Page 4
_
Effects on IRP and CIP
If a member agency, such as the Authority, is able to develop and contract for a
long-term supply, this should relieve MWD and its member agencies from some of its
high-cost alternatives, such as the subsidy of local supply development, seasonal
storage or continued expenditures for certain features of the CIP expansion. If a
member agency’s purchase of supplemental water from outside MWD displaces -..
marginal supplies at $650 to $1,000 per ac-ft, the melded future cost to all member
agencies could be lower. The proposed policy will clearly defeat the concept or value -
of partial dependence on water transfers.
Section 1811 (c) of the water code provides that the transferor is to receive a
“reasonable credit for any offsetting benefit for the use of the conveyance system.”
Causing MWD’s demands to be reduced provides a definite benefit, such as more
reliable supplies and lower costs for other agencies. MWD will be less likely to incur
shofiages and therefore will maintain its revenues. The burden on MWD to expand its
supply base and CIP will be eased. Pressure to solve the Bay Delta problem within a
short time frame will also be reduced.
Additional Considerations
It appears that the staff considers the SWP as a conveyance cost. The Authority
thinks that this is a supply cost for MWD and that conveyance costs for MWD begin
south of the Tehachapi Mountains where MWD takes delivery of this water. Only
MWD-owned facilities should be included in wheeling charges. The Authority also
thinks that the District should exclude the cost of new or proposed facilities from the
calculation of wheeling charges. The current staff proposal violates both principles.
Further, the proposed compensation policy suggests that any wheeling through
the State Water Project would be subject to Department of Water Resources wheeling
charges. This, combined with MWD’s full revenue recovery policy proposal would
result in an agency being charged twice for the use of SWP facilities.
Given cooperative and innovative approaches to the issue of wheeling, we
believe that solutions can be developed that are truly win-win for all parties. As just
one example, even if the CRA could be fully utilized by negotiating new contracts, it
may still be better for other MWD agencies if the Authority transported some of its own
water through the aqueduct, MWD more fully utilized SWP supplies, improved blended
water quality, and charged the Authority for the use of the aqueduct and incremental
pumping costs between the CRA and the SWP. Many MWD agencies would benefit.
24
Mr. John Wodraska -
November 13, 1995
Page 5
Conclusion
The water industry is changing. Examples from the natural gas and electric
industries provide some good examples of how unbundling and pricing evolve in
competitive markets. The combination of higher costs and supply shortages are
converging to introduce more competition into our business. The Authority believes
that the staff proposal for wheeling access and charges is anti-competitive and in direct
contradiction of the intent of the Katz legislation, which was adopted to make available
excess capacity on water conveyance systems. MWD would be well served if it heeded
the warning made by its former Board Chairman in the July 12, 1993 Water Problems
meeting. In that meeting on the topic of wheeling, the Chairman stated that the
Legislature would be very unhappy with Metropolitan if Metropolitan charges those who
would transfer water a wheeling rate that is as high as that recommended by staff. He
said that the Legislature would be inclined to pass a law that would allow the California
Public Utilities Commission to establish wheeling rates and perhaps other water rates.
You are well aware that we are not proposing to become independent from
MWD. Instead, we expect to purchase a large portion of our requirements from the
District, but feel the need to at least consider meeting our growth in demands from
outside sources, as are many other MWD agencies. Finally, we urge the staff to work
with the Authority and other interested members to allow in-depth consideration of the
costs, benefits and related issues tied to wheeling through the MWD system. CWA
staff is evaluating what a more reasonable MWD wheeling rate should be with respect
to our IID proposal and which is consistent with the intent of the Katz legislation. We
look forward to meeting with you within the next two weeks to discuss this rate and the
issues contained in this letter.
Sincerely,
Robert R. Campbell
Director of Finance
H.hrpS 1 ‘dc.iriMtr2.doc Novcnbu 1:. 1995
25
’ L ;,%wt nrn A-.*,-t:‘: . CT*: t a-..- ;r y~wrt'tl!l TA-14 WC1 *c-'C.c ru ~ln,X'r *4;
,I ,,un.svcwt.\rqr.C'~'lmcC
. ;~rrt CAP,,;;' fhr:.4AMcrl!" cr x&G“ (olh,r4$.:?'8
CAY :Qt$:rr: ?x:
I LhYZlfllCT L;DPfSS 0"UVAW WY; y:"L:.-cc'lc 102
Prwwr4C:lr,u 3'Gz (Our PY.3.‘ I*
PAZ IaIr] a^d.Ltr:
wrulltrs
w4a*i( Lnu Ee-uTC.
TW.WQ ow *L-a" I . VW*- b%..cLWC*.
A$SEf~&,~t&ii THIPN#iii 1 bSTAI(; I
CtiAIAMAh!, ASS?v’i.etv TkWSP~~iAT:3~ CaMh’l7-Fk
m8a tcmn.uo 0. :.w- cvmnm haw-w caonu, ECwehr. ktJmp.r, r+J-
h’ovcmber 17, 1335
Mr. )ohz ‘Woody” Wodrxka
General Manger
Mettopc,[iIan Water District
~SC, South Crande ~vcnuc.
Los Aii~ci~s, CA 30071-3 193
mJr Vmldy:
I Leant IO follow-up on our meeting l;st week rcgarciing the proposed ~‘;lter wlc
bcrween Impc.rial Irrigation District (IID) and San Dicgo County W;llrr Authority (SDCM’A),
and the issue of my AB 2746 (Ch. 910, 13861, which set fonh the wakr wheeling law in
California.
Firdy, I am artlazed by your suggestion (or your s:Jl’s suggeslion) [hilt I, in draf[itlg
A6 274f:, intended to incorporate into water Mhceling costs the [fxility] o\vner’s costs
beyond kc scope of the: conveyance facilily, Contrary to my wheeiing law, yoil arc
suggesting MM/U proposes to load up their wtxxling rates by adding a mullitudr. of charges
and cxpcnses, including capital project cnsls not asscciakd kth the convryancc facility and
ol her projects -- such as conservaliun and rccyciing projecls. To suggest IllAt wheeiing COSIS
should aiso rc.0ec.t the cost of conservation and recycling projects otltsidc the bourlr!arics
of the buyer and the seller’s districts and counties is rrrinri-bop,Gling. II is dlso of[ellsiv(?
consider;ng MWD’s supposed “pro-transfer” position.
AS I said very clearly in our meeting, my wheeling law provicks for Mlheeling c.osts
which arc solelv &tribrJtabie tojhe fdcilltv in OuestiolL and solctv attrjbulable to the use of
the far.ililv (including capitol, operation and maintenance and repl;ic:trrncnt costs allrilutabie
In the proposed use). in fan% MWD aggrcssivclv pursued this t;lrlrr:age in 7986 to cnrure
that ~lhc~l~n~ costs solclv reflect tile costs associated with rnovinp. water t!lrnll& a specific
corivev~nc~. facilitv.
7 II sqgcst otherwise is ;f thinly veiled attcrnpt to undermine wtlilt appears IO bc. an
ideal water transfer discussion. Not only is you and your staff’s “interpre!ation” of the law
incorrect, ir is foolish for MWI-) to publicly set forth such an intcrprctation. It is Southern
26
jrhn wotfmka
Page 2
California ratepayers that will suffer severe consequences should uther agcncias impose the
same strategy on MWD in the future. Imagine the whc.r.lirlg costs for A transfer from North
of !hc Dr:ll;l 10 Los Angclcs under your formula -wheeling costs cc~utd rtJn into the tens of
thousands of dallars per acre foc&
I VVOUI~I suggest that your stat?’ read the law, that you rethink your approach, and Iha!
~011 inform your Board with factual information regarding lhe law’s (rue rr~~;~ning. AIM -
whtxling law was adopted to facilit;ltc water transfers in California for the benefit of the
public, not as a weapon for MWD to superficially block water lransfcrs.
Furlher, you very briefly raised the issue of the convcyancc facility’s available
cqacity. I can’t help but notice in your most recent publications, MLVD tlils miraculously
gtine frorll being d water agent.. that [only months ago] was in drastic. need of major water
Iransfers and sLffix?d from the ever-present threat of drought tc a suddenly “reliable” water
c~i~c~lr~s~lc~. Eittler MWD ha5 obtGed senior entitlements on the Colorado River, or you’ve
hixrj ,I tx:iv press ;Igr.nt. C:ijrrc.ntly, MV.‘T) C~OCS not t:njuy the benefit of senior wz.;er rights
to Colorado River.
If it is your intent to superficially fill the Colorado River Aqueduct with tenuous
spot” water in order to prohibit the movement of water lnlhich is held as a pristine “senior”
~ntitlcmcnl, you arc again foregoing the public good and threatening long-term reliability
irk SuuItterrl California.
The most troubling aspect of all this is the position you are taking reIdlive KI lhe
IIT),FJXWI\ transfer proposal itself. Your proposed wheeling rate is a clear allq~ to
tlr:cjc:rrninr: an idol water rnxkcling qqxxtunity fur Southern California. It is your dut,l to
ilr;)viclc: Icq-(c:rm, rc.liat,lc: ws(c.r slqplics to ~hc ciiixns uf California at the lowest cost
po.s.~ihlP.
I css than five years ago, your agency stood with me in promoting voluntary water
SACS Ixtwccn willing buyers and sellers -- without district approval. MWD espoused water
mJrkctinf: JS I ciid - an cnvironmcntally sound, economically feasible solution to
c.nmplimr.nr the. St;ltr.‘s watc.r supply policy. It svms clear to me that vclu are wlllina
Jorc~o dislr-i~~:ontrol of waler sa&Jx.c&~oul Calilarnia -- -- -m.d.--,, 7s long as )‘OlJ tlavC ul[irrl;llr!
control over who buys and sells water in vour service area.
I-inally, I believe MWD is at a true crossroads -- a point in time in which your Board
must meet its fiduciary duty by demanding accurate facts and analysis from your staff which
comprehensively address the long-term reliability needs of our region. MWD’s current
apparent interest in smothering this model transfer will destroy the District’s credibility
Ihro\lghoul Ihe Slale, not only on the issue of water markeling, but as well your ability to
27
- John Wodraska
Pap 3
work coopcrativcly with other agenci~ towards local, region;li ilrld statewide water stq~pi)
snlutions. In fact, it appears MWD is instead choosing to revcrsc much of the progress that
1~35 tzcn made in recent years 0r1 Gilifornia waler policy, appxclntly for lhe Mr ol
prOteCting ils hislariC3~ Water mOnOpOly drld txJrc.ntKr~q~ How disheartening it is that
h4WD is rp!turnirlg lu its old habits of trying to solve 1330’s problems with a 1330’5
rncntaiit),.
(Yi\,crrl the intensity of recent droughts, and the difficulty in siting water projr.cts
(overcoming regulatory, c:ost and environmental mitig,llion factors) that you arc ,111 ILIO
fanliliar with, and given the policy dircctivcs found in your IRP which initially promo:4
tgnsfcrs as a viable option ia srxurc water on the local Icvci, I am astounded tq what
;1pIx?;\rs to bc a deliberate altetnpl IO llncicrminc il proposal whic:ll will result in a mo;e
efiiclent use of rvater in Souftlcrn California. MWD’s Ixjsition Mlithin rhe past five! years hns
beer1 lo remove bureaucrstic harric.rs to water markeling. Now, MWD seems 10 lyf)ify whr7f
you hmcl vi1ific.d in the past.
RK:aj
I hope )‘ou will rethink your posiiion.
CC: Br-ucc Babbi\l, Secretary of rhc Inrerior
Jc,hn C;ardrnentli, Undcrsccretary of the Intcrio:
Llave Kennedy, DWR
Mcmbcrs, Senate hg!*icuiturs & W,~tc.r CYurnmittee
~sscrnbly \Va(er, Parks and wildlife Committee
MLZ’D Bo;lrJ rnembcrs
D;llr. I Iuntrr, Legislative Liaison, MWII
ltonorable Susan Gelding - Mayor of San Diqp
Honorable Valerie Stallings, San Dicgo City Councilwoman
John Lockwood, General Mr7rlq~r,
San Dicgo County Water Authority
Mike Clinton, G!ne.ral Manager, Imperial Irrigation Distric:l
28
_ --- . J- YI .” II (I I[ (”
ZXWA CLP-H; SERVCE
We dun% need water war
. -’
z-. . . . .-u*_L- AfWD and CWA mg& settle tiff wihout threats m he last thing Southern Caiifor- . . nia needs is a battle between -. -i
1L
the Metropolitan Water Dis-
t.rict (MWD) and the San Die- ,I go County Water Autboriry:
The MWD is riled over negotiations
between the County Water Authority
and the Imperial Irrigation District on
developing large-scale water transfers from Imperial Valley’s cropland to San
Diego’s urban coast.
When news of the negotiations first
broke, San Diego and Imperial County
officiais talked about transfetig up-
ward of 500.000 acre-feet of water a
y2ar from the All-.&-nerican Canal.
That’s more than the MWD, the Los
&ge!es-based water wholesaier, cur-
reztly se!ls to San Diego Count];.
The turf-conscious MWD began
playing hardball, clearly r,tig to dis-
courage the deal. Most recentiy, the
LiWD staff proposed that if San Diego
County wants to use the MWD’s Colo-
rado River Aqueduct to transfer Impe-
rial Valley water, it will have to pay
S285 per acre-foot. That wouid be on
top of the amount San Diego County
would pay the Impe,iai Irrigation Dis- trict for the water, estimated at about
$400 per acre-foot.
.d:The MWD currently delivers untreat-
e6 water to San Diego County for $344
per acre-foot. The staff proposal, de-
signed to put Imperial Valley water out
of..reach economically for San Diego
County, should be rejected by the MWD
board.
.,But that’s not all the MWD has done.
It’..also froze a contract to design a
pipeline between reservoirs in River- side County and.San Diego County.
MWD officials apparently fear that if
San Diego goes out on its own, the MWD will lose a lot of money in water
sales, since this county is the MWD’S
biggest ciient. Also, the MWD has in-
vested heavily in recent years on proj-
ects that would particularly benefit San
Diego County, induding the $2 billion
Domenigoni reservoir near Henet. If
San Diego County goes independent,
the MWD fears that investment might
be wasted.
Such fears are overblown. First of all,
the 500,000 acre-feet figure for Imperi-
al Valley water transfers was prelimi-
nary. Some experts say nowhere nea.r
that amount will be reached. What’s
more. the County Water Authority
doesn’t intend to secede from the
MWD.
Water transfers from agricuiture to
cities should benefit ail of Southern Cal-
ifornia. The MWD and the County Wa-
ter Authority should sit down and nego-
tiate how to make that happen.
A split between the County Water
Authority and the MWD must be
avoided. While it might sound attractive
to some people here to be free from the
MWD’s behemoth bureaucracy, collec-
trve security is the oniy way, for
Southern California to ensure its water suppiy.
Right now, a truce between ag+ul-
ture, cities and environmentalists has
all sides negotiating the future of the
state’s water. The so-called C.%LFED
Bay-Delta Program is progressing to-
ward an eventual solution for the Sacra-
menio-San Joaquin River De!ta. That
could allow large amounts of Northe.rn
California agriculture water to be
shipped to Southern California ‘cities. Negotiations between all the states us- ing Colorado River water are expected soon.
For Southern California to wield its political muscle in.these and other wa-
ter issues, it must remain united. The
MWD and the San Diego County Water Authority should settle their differ-
ences - without threats.
29
. * 2
fE!t
k 3 P 3 LJ . . .I -1 ,_-
STATE OF ARIZONA
EXECUTIVE OFFICE
Fir-c CS,Y~r;X=fTON I
KOYC&C~ 17, ES!35
TkEGmxzbiC PseWascn
Guveaar, Stzrc of Cti&
Stafc Cqi:c;l, Firr Eocr
Sacz3xcnm, W& 95614
Dcziz Gcvcr, ydan: pl;tr
Y!& ~~s~J~.~csJ~ &cm ad Cdiik& rqzz52g Colorda Rive: issues ix ixez
fm wi5 &qut=, &mrd ad Iitigztim. Mcr, xztiy, Akcxzi hzs ‘E= h-51 ti E..m,r,
had bu cks&.ng z;;d tk our KYO sstl?s could '~'0~2 Lkqti IUL'JZI CGqe~tioc ta m L -'& L'CJ $-ztu' C& fcr G-&T f&n tie Caloracic. We =eze idmztt; this r;c&, howe-rc, of cn-gc;zg
~:gziz5xs tctcwzcz the Sir=!qwli~a Wakt, Dkic, (MWD) sd tie Sezzzrj of tke lkx5o~
tiar lcz”, u to b&we t3x A&o= zti C&orA ax or?. tie tLrzkcIC of xxxirkg to om
cistoy of iitigrtioc in the Uniti States Sqrcme Ca.3 over be ColcraCo Eivczs I aa w%g
to ;JCX to ti your ZZSi.YiiC iIl pl3’Cd~~ 2 Si gi5~3llt d&xx fmn dwc.Iopiq txxcc~ oxr
sac?. . .
Tilt= ccam concx22 a pmyil by WiG3 to ~ZC~EZJC CzEoniz’s 4.4 &lion 2cz feet
(iiz3iJ Fr ye3r e.&rkzc~t from the Coior3Co River. i3k kmea5ez! w-a is to lx c.sz& by
impmveserrts to the Au-i4fmZi~ Cm& which xc t2xpxd *a sac 65,CUl ai32 fc5.t F<i Ta
in_ 5qage lcssx in ti iz+iion sys+m. M%YD pizposx to pq for tiosc improvemzq ticn
uce the 5xm.i wze: as a 13cas of rcmu~icp its ktv~5~2nmt. AAzz12.3, of couze, sr?ugxs *he more c*ht USC of Colorado Zver ww P;?&& cati’& am! would have no objdon to
MWD’S FkUl if -&r WaLc were tn bc uxd wi-dlin cd&mia’s c-t exkk=nCL In fscc, a
,qeciic prqxzl for the EX of&t s~wzl wakr v&I2n (Zalifa& has akmdy btxn qqmve-f by
Con_p?ss as pa?2 of tie SZII L&s z&y Llc52r.l waier Rigis Settlmrat ACL (P-L- ltm-675, lG2
S-a. CGG, Novedxr 17, 1988).
! 7?0 VI’557 w~ji(lNCfZ.~. ?L(GE-itX. .$l;-.=N.s, $1307 d ix:‘: 5Lc.AII
ihe c~~nent plan, hawser, 3 much difkmt- We a-c a&k& tbs: MWD ime& lo
cn3tc an arzifickl s-jsrerrz cf ‘bat&q” tse saved witcr in the Cokxa&c Xiv= rzscrvoin, the::
witi&wing that waltz f&m the miiinserr in later yeys. Pzxinably, diversions af &is
“baGed’* wazcr would tx in addition GO Calihmia’s curem tnliti!erx l3.S inxztxd use or’
waxer by Cdifati ciimxlp threatens tiivenions of Colarxio Rivcz watzz into the GIN&
hizoua Project cd due to ti ex3ng priorky snc&rc qz4 hs as patt of tk Coiondo
P~AX Basin Project Act of 1968. Su& a simatin is in G.II kug&oa of tie J&V cf tie
- B&IX ud a tiuktin of tk ix.u.nction issued by ttrz Su~znc Couz in &Mnr v. CdMfomic.
would alle@y be stod on top ait& Arcsenmin, wx iaacdud by MWD d&ng ttie L3w.e~
E& SW i&M Codtee dk=ussions. Aizxa &ays cqxzsed rcscx&rions abet t!x -
ccnfcp k-use it creati m errtidy ncv d fkSxls Cltc~ry cf gx3aa-s’j~:zt We witi
ihe ma&a of the &lor;ldo Ri~tz F&Q, aftz hztig ,*dki -3~ matter for SOIK: tkq md
‘“xrtfnlly dmg CL-C imp= that inrrcd~~tin of Wnoc-sy~~ narrr” would IEJC on tie k&y
ovc--lurdt-,ti LO-GC Colorado Rive:, Ark0112 kid& that it EUZ qpose tic l q water ba&ng
pmpasL Tais dcc% OII WZ.S anmcn& in a b&fag ~-xrp.~zA by tk .kkonz E~ZZEZ
cf wazz EtxNTc~, clad acd C~SCK~UKCA Kovczkr 7, IS?5 a3 par ot’ tit ca-g&g
oegcea&m mocg ki.ZQ~, cmti .& Kevada. In acE&q tic Dircf,or of cur
Dfzprm: of water ~0cric.q I?& P~_2TsSU, EE peziody WiIh seYc.d rt;Rscltativcs of
kc Cdifcti waatc hi* ~313 Monday, Kavu’k 13, IS55 fo dki tF;c imyrks brieF2g
paper ad dt:&c dlx, if azy, rxxilin g nqotiticis would kc pIzdutisc. w: oicrc ntt
:sld at tix me*&~, but led lixz, that EfTvD had lxx Ilc~o-k.tizg Ec2crAy wti tkc E&,-rerary g’& .kCzona wzs srtdyiq &: top Katz b&&g pKQC~, ;RO bad b&z@ K&II%!
qb-e2=3G wiii the s.Q?qi ro iL+Earz a top waer lxs!&g pk i;i& oi G5hont .k3na’s
CZiZSL
WC have also lad &a: MG3’s top wafer Ix& pl;n ha k z&&7 pImm to fell
Lk kz zevczii yc2n of ‘f?&4” kztr fc the Scife of Xez&, cia thcu:i tis wafer tiz
e~mdy rservcd for KX k C&forz by ‘t5.c Szz Lois Rty kzksc=lt ACZ citd a’con KVD
pqats tc avoid tkk dZi!icyuky bq’ si.mpLy dzlazkg ,tk~~ tk SD& water cootisue: to bz ~2d
i3 Wom& wbilc DOW excess MWD waxr is made ar&ble for &me saie. G~<ous~~,
‘ti k n&kg more tb~I aLI aC~OUati$ E3S.C to avOid tie eqPLSS pm%iSkKS Of tic 0.G
5d30rkkg tic liaiitg of thr: AU-h3etican Can& aclj xrizc~ PC not SlL: idly by o;hile smb a
~m@z.Jous pl33 is ptlt inxl Gpezz&l.
N&its ta say, Axkona was dtqly Gz-~inted to Sour oi &esc -cccrct negoktions.
$2, YOU how, WC have hem aegoliadng dili~edy uiti California z.nd P&adz over tic ksi Wo’
run to ccnsidct a3d cffer silq _stians oc m&a& of inquUm,o Cokrztdo River apcra~ocs IO
cm.!c mcrc water ava.iIable fry Ixti C&‘oroirr .a& Ncxk Fv’: kvc adic;zx.!y i&x&
however, rOar czrt=rin gnund rules goven these pmceedkgs. Rz&&i~, VC have i&is& ‘&a~
any proposal on x%x qxAation musx no: tiolzte tI3.e fuu&zne~~A Tay of tir River tit prc&z
kizxa’s *hard fought batic for its 2.8 nzt.f exkkmex Tne tcp =ztrr bax.k pkn, e,~-%$
Titi ti z.~iil;Lry prop054 to scLt wa*zx to Xu’tvac!a auf oi &e CziXcni3 ezkt!ezne3t, c35-3 a
31
. ’
.
S&US th-at *LO Aizona’s wsfe su,&. Such a&on cn tie paz ot‘ M%X ir ergo&.+
l &.rcdy s-ich the Sezdary rbr tis pl.n dezons’Jacs the rccon fcr CLL’ f&zzxicc in ti
proczss; WC cannot cclntinut tq La -~tict fiZX-[Gfxt With cfi? %On?k tie== to s.c&ve
workable pm- witi the Law of ttie Rker whik objtivs eviic proves thx those me
pzu,tcs are ecgkzing a progam b&cd oEr backs tiar U cnqly:el:~ ckkez.ral to ou:: &m.
I cehdy do sot netd to tell you how stioudy Arksa nzgxck is 2.6 naf etide=;se=lr,
or how tdously WC intend to L&nd OUT xigkz a@nst ti cb.dknge m the tiw of the Eiivc.
Ooi ~titIe~~~ U our futi~, and ~e FC?JJ not allow ti to k vi0b.M by tk ~~*iion of a
fk%.nUS Ch3 Of ROIPSySiXM wztc thnU@ a to? JmcC bk Insmd, WC !xve dcated our
atzesio~ to ti2.e ceaion of projxszls f&x w,ii; provide wazrr to cxcmia ald Nexti widlcut -‘-
CaLzirg llmxl to Azizol2iL -.
Your arriors a5 Gtxc,--,ar hxve ckrl~ denoc.nzti your con% fo: tic ke*Tax! &A
m&s ci cs3foni.a. You csn t&x well ur’C-?,d my co- far t.k w%re ti m&s of
Akopa. Axizonz hs consis ;caiJv ‘sikez Lhc pcsiticr that thez arc oppzLx2iz3e3 in ~a.-::ti7,0
th Colrdo Eiv:r l ht can bcxkr CaEouk ad Nevada P;i&ci cxtie ham t” .kko~L
G-m ?iovtmbtr 7, 1995, bric.%g ppcr i&k% focr sdcb ~piztitis. ?k-r ~3:; k otici
r2.x hzve EOC yet txx pm-xti. I txcus~c you to ex.nk &se cpzmtitia ad tc rc..ec; . ‘tack rcoiz dczl5’ tbat sx5ELrr~ the we!kz oi one site for tba: ci anck.
VC rZpX tit aCy CCp waxr bati; ppsi& or my sim’at p-rcposzl ;,-tr&x-$
l mfi- syscczn water*’ hta tie Coiozati ,4iver ogeztig re$x, lx itxok-d izznedtd2’;lr f;nn
cccsi&.hoc by tie Ssfr-eT by the eTJlx.s r!zqzt of tit Sap3 cf c&k&i & i\icva&.
Itis Isy hspe t!xl you d!L ird-kacthk izre,-c,cs afcdi$iEx& L% bts SC-f& ‘cy CZE&.!l&
CT~‘-~C~VC ad cFe= nsgodarioxzs c%k -kkcca, and net by a ~tti!=l, ta tit Tjri:& S~-ti I r-L
SLpc=c Ccmt for atitinzl yt5xs cf tig15on.
Fie S j&~CI?
GWEXKIR
32
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-
.
34
C
November 28, 1995
Mr. Jack Foley, Chairman
The Metropolitan Water District
of Southern California
P. 0. Eox 54753
Los Angeles, CA 90054
Dear Mr. Foley:
Subject: MWD’s Actions Regarding California’s Colorado River Entitlements
Coachefla V&y Water District (CVWD), Imperial Irrigation Distric! (IID), and Palo Verde
Irrigation District (PVID) (collective!y, Districts) are graveiy concerned by the recent
Colorado F,iver management actions of the fvietropoliten Water District of Southern
Caiifcrnia (MWD). These ac?ions include:
. 627king of non-wet water;
Selling California’s entiiiement to Southern Neva,da Water
Authority;
. Agreeing to waive the shonage protections of the lSS8
Colorado River Easin Project Act (1956 Act); and
Supporting Congre,, c+onal changes to the Law of the P&r.
All of these listed actions could jeopardize existing water rights of the Districts and,
potentially, the i vater uses of all of the entities that use Colorado River water.
Our Districts are also concerned that these actions were apparently taken by MWD’s
management without the knowledge or concurrence of staff from the Districts. This marks
an abrupt change in the former approach teken in California, which was ?o act as a single
entity in m &ers of strategic importance to the state.
35
Mr. Jack Foley -2- November 28, 19%
Our unified approach in the past resulted in many successes such as the language of the
1963 Act, which makes water use by the Central Arizona Project junior to California’s 4.4
million acre-foot apportionment. Also, this unified approach did not invite others outside
California to “divide and conquer’ the state’s water interests for their own gain. We
b&w MWD’s recent actions place not only MWD, but a!so the Districts in a vulnerable
position.
We be!ieve tha? it is important for the four Chairmen or Presidents to meet toaether with
their general managers to discuss this change and to attempt to find common ground
that will continue to allow California to be united on the Colorado River.
It is impera?ive that California’s Coloraco Eiver resources be s:ls:aineci for future
generations. Accordingly, we n eed to nest immediately to acddress these issues. We
awaif your timely response.
Sincer&y yours,
J&a /- = J, ’ .
TELLIS CODEKAS
President, Coachella Valley Water Dis;ric;
WILLIAM R. CONDIT
President, Imps+ IrrigGion District . - ,- .; r- ./
-7
.:;:,i/: 4.&--p+cc
1.’ 1.’ /--
VIRGIL JONES >
President, Paio Verde Irr@ation District
COfilVER
Cc- David Kennedy
36
December 1, 1995
John R. Wodraska
General Manager
Metropolitan Water District
P.O. Box 54153, Terminal Annex
Los Angeles, CA 90054
Dear Woody:
Proposed Agreement between
Metrooolitan and Southern Nevada Water Authoritv
-
I am writing to convey the San Diego County Water Authority’s
(Authority’s) concerns regarding the recent proposed agreement between the
Metropolitan Water District (Metropolitan) and the Southern Nevada Water
Authority (SNWA) concerning Colorado River water. These concerns are
connected to the substance, process and timing- of the proposal:
The Authority questions Me?ropolitan’s intent to sell a portion of
California’s water to Nevada, Bulle?in 160 states that California faces
significant water shortages in the future unless we act decisively to bolster
our supply. Metropolitan’s Integrated Resources Plan makes a similar
forecast for urban Southern California. Selling California’s water to
another state makes little sense at any time: when we face impending
shortages, it makes absolutely no sense.
Process:
Your staff should not have announced the potential agreement
before Metropolitan’s Directors had a chance to vote on it. Your news
release and the resulting news media coverage places pressure on the
Metropolitan Board to approve the proposal. After all, who wants to vote
against something described as a “first-of-its-kind interstate agreement . .
that will help solidify the reliability of urban water supplies.” as the news
release’s first paragraph reads?
Moreover, the District staff acted on this agreement without
consulting with its member agencies, other water agencies in California or
the third Lower Basin state, Arizona. The irrigation districts are
understandably concerned about how this agreement would affect the’
shortage protections written into the 1968 Colorado River Basin Project
Act. They also have rights to Colorado River water that are senior to those
of Metropolitan. Arizona, for its part, has always acted decisively to defend
‘what it perceives to be threats to its Colorado River entitlement. Based on
Governor Symington’s recent letters to Governor Wilson, Governor Miller
37
December 1, 1995
Page 2
and Secretary Babbitt, Arizona definitely considers Metropolitan’s actions
threatening.
Your staff announced the proposed agreement with the SNOW on
Nov. 21. You will present the agreement to your Board on Dec. 12 and
expect a vote to occur at that time. This does not leave the Metropolitan
Directors sufficient time to evaluate the proposal and its broad
implications and cast an informed vote.
Metropolitan’s actions to date regarding the proposed agreement with the _
SNWA have been hasty and ill-advised. They threaten to splinter the consensus
among California water agencies that has allowed the state to act in a unified
fashion regarding Colorado River issues. They also may imperil the water rights
held by the various Colorado River water-users in the Lower Basin.
On behalf of the Authority’s Metropolitan de!egates, I urge you to withdraw
the SNWA agreement from the December 12 Board agenda. Then you can
commence the kind of wide-ranging discussion of this proposal that should take
place.
Sincerely,
Mark Watton
Chair, Board of Directors
--
cc: Authority Directors
MWD Directors
--I. ,OE ICI-i,*-
c. \ c-ZJ- 7: v\ YJc-,=Ts. 3(-J= -. -m_ -- -..._ ~- -
38
uu=
I
!
i
i
.
I
r- Las Vegas
water deal
draws fire
m-by Arizona, San&go
By STEVE La RUE juff Bnccr
A surprise move by the Los &i-
ge!es-based Metropaan Water
Dis-&ct to soive the -dty of IAS
Vegas’ looming water crisis and fix a water storage problem of its own
has triggered protests in &Xtiern Cahforrua and legal threats from
krzona. Under a tentative agreement that would require approval from the Interior Deparment, Las
Vegas would contrioute $50 million
toward an MWD project to line the earthen All herican Card in the
Irr.petial Valley. The gambiing capital would re- ewe 30.000 of the 67.000 acre
fet of the water this project would save. h acre-foot is about 326.000
gallons - enough to supply the
househoid needs of two fanuhes of ’ I follr ior one year. San Diego Counry czxxnei, 53i.000 acre-feet last
in turn. wouid suppon
I
an htWD proposal to store river water in Lake Mead. This would 1 allow MWD to keep its 241~mile
I Coioiado River Aqueduct fuIl of low-cost water for Los Angeles, 1 San Diego and the rest of Southern J California even during droughts.
I
The San Diego County Water Authority buys water that MWD
1
impons from Nor&e-m California and the Colorado River and whoie- saies it to cities and water districts. They in turn retail it to about 2.6 million county residents.
SU UNIC)N- I HIGUN& Qj [\ m
s3clv* c26=w2 SERVO
In a biistering broadside of letters, Arizona GQV. Fife Syming- ton has warned Calfomia Gav. Pete
Wilson, Interior Secretary Bruce Babbitt and others that ‘Arizona and California may be on the threshold of returning to our bisto- ry of litigation in the United States
Supreme Court over the Colorado
River.”
SMgton suggested that the MWD is really seeking a subterfuge . - .
to mcrease Its snare 01 river water
illegally.
And San Diego delegates on the MWD board accuse the MWD staff
of trying to set the proposed deaI in
concrete before board members learn much about it.
maybe we’ll get banked water,
maybe we won’t, and we don’t know what we are going to pay for
it.’ said France= Krauel. one of
San Diego County’s representa- tives on the MWD board.
Mark Watton. &airman of the
County Water Authority, tid that if MWD delegates vote on the issue this week with their turrent dearth
of information, 7here is no way I could classify tit as an informed.
intelligent vote. I think you can see the San Diego County position will
be not in favor of moving forward with the agreenenr. We don’t know w-hat the implications for the long
and short range are.” Three key agricultural districts also expressed concern in a letter
to the MWD s+ng they were nev-
er consulted. This marks an abrupt change in i the former approach taken in Caii-
fomia, w’hich was to act as a singie entity in matters of strategic im-
porance to the state.- the districts mote. It is impe--rive that Caiifor-
ma’s Colomdo River resources be sustained for future generations.” Tine lerter was signed by leaders of the Coachella Valley Water Dis- trict. thePal Verde lrrigatlon Dis-
tnct in the BIvt&e area. Imperiai tigaion Dis*trict. and the
Tom Gra.ff’. senior attomev for
the Environmental Deiense F&d. a ‘national environmental group. said the MWDNevada deal would cast an unflattering light on MWD’s in-
sistence on receibmg more North- em Caliiornia water through the
environmentally sensitive Sacra- mento-San Joaquin River Delta.
“How is passing 30.000 acre-feet of California water supply off to
Nevada going to help?” Graff asked. Interior Secretary Babbitt and his second in command moved Fri- ._ aay to pour oil on the increasingly roiled waters, although they imii- cated they might give the MWD proposal a friendly reception. The MWD-Nevada deal is similar to current negotiations to bring Im- perial Valley water into San Diego
County, said John Gararnendi. dep uty Interior secretary. The San Dieg+IID deal is very
much on the table and of great
interm to this depamnent.’ he said.
Garamendi said that although
questions remain, We see both as being of significant benefit to Cali- fornia because. in their fullness.
they would bring substantial water 1 to urban California.
39
. - tInion~&riPtnc !&c r, rcrss A c0p1ty iVtl&dpaptr
Troubled waters
NIVD-Nevada deal aqtgers water usen s toring Colorado River water
in Nevada’s giant Lake Mead
could be a good idea for
Southern California. But the deal hatched by the Metropoi-
itan Water District to accomplish it is not.
In making the surprise deal. the Los
Angeles-based MWD. in a cavalier man- ner. has ignored the interests of other
Colorado River water users and the
traditional concerns Northern Califor- nians have about Southern Californians.
The MWD risks losing much more
than it gains. This deai couid inflame tensions over water jus: at a time when
a deiicate peace e.uls:s.
Under an agreement given fentatlve approvai by the MWD board las: week.
the M!‘iD and Neq;ada would pay :c iize the earthen All American Canal in the
Imperiai Valle::, thus conserving about 67.000 acre-fee: of water a year. Las
Vegas would get 30,000 acre-fee: and Southern Caliiorma would gef the rest.
And. in exchange. the blWD would be
allowed to bank water in Lake >lead. But no other water users on the river
were consulted. Because the deal in-
cludes transferring water from Caiifor- ma to Nevada. that was very unwise.
Water is a vev touchy subject. for good reason. Transferting water be-
tween states is a weighty matter.
Arizona is hopping mad about not be- ing consulted and is threatening to fiie
suit to block the Nevada deal. Three
key Southern California agricultural wa-
ter districts on the river. which control most of our state’s Colorado River allo-
cation, are angry that the BlWD never taiked to them. either.
Northern California water users and
environmentalists are wondering aloud why they’re working to pipe more wa-
ter southward when the MWD is selling it to Nevada. That’s a big problem.
because a fragile water peace now ex- ists in which state and federal officials
are crafting a solution to the problems of the Sacramento-San Joaquin Delta, through which northern water flows. Whv should the MWD board risk
years of lawsuits with Arizona and ani- mosity by Northern California and Colo-
rado River irrigation districts! There’s
a lot more at stake here than 30.000
acre-feet and water banking in Lake
Mead. The MWD should be considerate to- ward the three agriculturai districts - Coache!la Valley, Palo Verde and Impe-
rial - because they con:roi 3.85 mii-
lion acre-feet annually from the river. more than three tunes as much as the
MWD gets.
Equai consideration shouid be shown to Northern California. Togerher. the!,
could provide much more water for
Southern Caiifornia thar. the Nevada
deai. At :te same flme the 1lC’D IS mahng
deals with Las Vegas. it’s working to
thwar: San Diego Count:: from buymg
water from the Imperial lrrigatlon DIS-
trlc:. Our county wants to become less relian: on the >l\VD. like Orange Coun- fy. which rece:‘:es oni:; hal! its water
from the XIWD. Los Angeies needs
even less. But San Dlego County mus: ge! ne3rly 95 percent of its water from
the >lWD.
As the IMWD’S blggesr customer. we’re supportmg :he res: of :he syste.x.
Apparently, the 5lWD board fears that
if San Diego County starts buying water elsewhere, the MWD wiil lose money
and powe:. But a guaranteed water suppiy for
Southern Caliiornia is far more impor- tant than such politlcal conce-3s. If wa-
ter-bankmg on the Colorado River is good for urban Southern Caiifornia.
then so are water transfers from the
Imperial Valley to San Dlego. Both would bring more wafer to thirsty
cities.
The MWD board members should be seeking water surety for Southern Cali-
fornia on all fronts. and consulting with all major water users. Making surprise
deals with Las Vegas that anger the major water-rights holders will do little
to attain guaranteed water. The MWD board needs to reconsider its decision. And it needs to start work- ing with other water agencies. including the San Diego County Water Authority, instead of playing the parr of the BOO-
pound gorilla.
40
C
SAN DIEGO
CLIPPING SERVICE
IIdPERIAL
VALLEY PRESS
DEC 2 0 835 IID balks at
extending
agreement
By PA. RICE .
Staff writer .
Imperial Irrigation District direc- tors, angered by what they see as the
Metropolitan Water Disaict’s at-
tempt to change the “Law of the Colorado River,” refused to extend a
contract the two agencies had signed
to build a cement-lined All-Ameri- can canal.
See WATER. A6
Water
(ContinuedlromPagel)
IID tiirecton cited their concern
over MWD’s agreement with the Southern Nevada Water Authority to
“share” the water that would be con-
served by the cement-lined canal.
The board’s decision may have
stemmed from what diitors see as attempts by MWD representatives to
secure more water for its 16 million
customers insix.Southem California counties, as well as recent comments
by MWD officials that KID is wast-
ing water.
“I was very d&u&d by staff at
‘Metropolitan and their total disre-
‘gard for Califor+a agricultu% the
opinion of-the gavcrnor of ti state
of California and some of the repre-
sentatives of the state of Califomi&”
said IID Director T+d Lyon.. “As far
-as I am* caticemcd. until that staff re- alien that they **part @ the state
of Califomiamand w have to come up with a combined ‘solution that
meets the one@ of- all ‘parties, I
won’t support anything with Meu* pobarl.”
MWD officials -were not avail-
able for comment today.
The lining agr&ment is set to ex- pire Dec. 3 L The Ill) board’s refusal
to extend the agreement may’ strain
already tense relations that have de-
veloped over the last month between
MWD and Southern California agri-
cultural water districts 7- IID, the
Coachella Valley Water District and
Palo Verde Inigation District. The
board’s action also escalates the pos-
sibility a full-blown “water war”
will develop and hurts the chances of
finding a lasting solution for distrib-
uting Colorado River water so agen-
cies in California, Nevada and Ari- zona get what they desire.
In a letter sent to the board Tues-
day, state Scn. David G. Kelley, 37th District. asked LID to not extend the
canal-lining agreement. “Given the fact that MWD has
created tremendous negative feeling with its recent actions and proposals
throughout the state, I feel com-
pelled to ask that your board let the
current agreement expire,” Kelley
wmu. “MWD’s attempt to use the
All-American Canal in their p’~-
posed arrangement with Nevada has
Elated serious and significant re-
percussions throughout the state. I
have heard from numerous people
and groups that share this concern
and who are extremely troubled by MWD’s actions. These actions dem-
onstrate a total disregard for the
many other interests which comprise
our sratc”
. Kelley represents Imperial-Coun-
ty: and portions of San Diego and
Riverside counties.
61 a letter to be sent to MWD, IID board President Bill Condit cites
concern over MWD’s plan to send
‘California water” to Nevada as one
reason the KID board declined to ex-
-tend the agreement The letter states hWD’s idea to
“share shonages” of Colorado River
water with Arizona interests would
be detrimental to IID and other Cal-
ifornia agencies. Under current law Arizona must reduce its ~-allotment
whenever there is not enough water
in the river. MWD has proposed both California and Arizona water
agencies reduce allotments when
there is a shonage.
3n 1993 both Lyon and IID Direc- tor Ralph Menvielle voted against
the original canal-lining agreement
with MWD. At the time, the two
agencies agre-ed to build a 23-mile
cement-lined canal parallel to the earthen ditch that is the lifeline of
water for the Imperial Valley. Tues-
day night all five directors voted
against extending the agreement.
The board may have been em-
boldened by the fact that water agcn-
ties other than MWD are.intcrested
in forming water conservation part-
nerships with IID. ‘. _:
The San Diego County Water Au-.
thority .and <JID have signed an
agreement to negotiate a water trans-
fer.
“I anticipated IID would react in
a way they did by not extending the
contract because I understand tba na-
ture and depth of their concern. and
I am quite disappointed by Met-
ropolitan’s conduct to date,” said
SDCWA Chairman Mark Watton.
41 . .
.
IMPElHAl iRRiGATlON OISTFXT
NEWS RELEASE
FOR IMMEDIATE RELEASE December 20, 1995
CONTACT: Paticia 3rock Warren (619) 339-9417
KID BOARD DECLINES MWD’S REQUEST FOR EXTENSION OF ALL-AMERICA! -
CANAL LINING AGREEMENT
The Imperial Irrigation Distict (IID) Board of Directors voted Tuesday (Dec. 19) to let
an a-greement expire for obtaining ne cessary approvals for the a-geement with the Merropolitzn
Water District of Southern California (MWD) relating to the construction of a concrete lined
Cad ptiel to the existing All-American Canal. The agreement, by its terms, will expire on
December 3 1,1995.
IID and MWD had spent more than two years assembling an a-geement for the concrere
lining project that would conserve approximately 70,000 acre-fee: of water annually. Recently,
M?WD announced plans to negotiate an agreement with the Southern Nevada Water Aurhoric
(serving Las Vegas) and to share with Nevada the project costs and the consemed water.
“We don’t want one or two agencies negotiating water deals without takin,o the rest of us
into consideration. The Colorado River’s resources are limited. None of the agencies should be
out making deals that could adversely affect the water needs of the other users,” said Bill Condic
ITD Board President.
Representatives of each of the California water agencies on the Lower Colorado Basin
(IID, MWD,’ Coachella Valley Water District and Palo Verde Irrigation District) met in early
-more-
42
EXTERNAL AFFAIRS DEPARTMENT. 333 EAST BARIONI BOULEVARD. P.O. BOX 937. IMPERIAL. CA 92251 . (619) 339-9417
December and a-greed to work in good faith toward a consensus on water management strategies.
“We are still committed to that process,” Condit said. “We seiected a facilitator last week
and will work through the end of January to hopefully develop a package of Colorado River water
management programs on which we can all atigree.”
###
-
43
.
AZ&:=!+ ;:g f g
“p22 c .-
-2 3 2.z m- -
-0 gg"-;;; ii&,;;
7 n.mo &=a- .l-L CT- .- ;;J= i$i m Jz 2 e:
2 3-= A-r4 w-cl E: w mE=w-= J=oown Tj g ;= -0Ulm
\ -, UNION-TRIBUNE. vh/cFi Valley people would rat&r deal ‘VC5
with San Diego,” Condit said. - The Imperial district, the Pal0 Verde Irrigation District near Blythe and the Coachella Valley Water District also contend that transfening a portion of Cdlifor- nia’s Colorado River water to an- other state is a momentous step that should have been widely dis-
cussed long before any agreement was signed.
‘The people I am talking to up and down the state are pretty upset about it.” said Sen. Dave Kelley. a
Reptblican who represents the threti water districts and a part nf
San Diego County. He is a member of the state Senate Agriculture and Water Committee. Because the Nevada deal would also involve basic changes in federal management of the lower Colorado River, Arizona Gov. Fife Symington has threatened to sue California
over it. If MWD proceeds with this, I am sure we are going to find 0urseIves back in COUR for years and years to come,’ Kelley said. Gov. Wilson was suffjciently con- tzer~zj tq summon John Wodraska. MRD general manager, and senior staff members to saaamento on Tuesday to brief bim on recent events.
Meanwhile, John G&e&i. for- mer California legislator and insur-
ance commissioner and now deputy
U.S. Secretary of the Interior, re- cently told reporters, The worst thing that could happen is for Southern Califomia to get into a ’ water war, one that could stymie MWD efforts or the San DiegeIm-
perial Irrigation District efforts. “It would be a great tragedy to lose this opportunity. We strongly believe it.would be critically impor- tant for California to get its act together.”
Not unlike a marriage counselor, Abraham Sofaer, a State Depart-
ment staff member when George
Shultz was U.S. secretary of state, will soon begin visits to talk individ-
ually to managers of the six water districts that hired him. Soon after Jan. 1. he will invite them together to Tacilitated discussions” that are expected to last through Jan. 31. We have to do it.” said MWD spokesman Jay Malinowski. There is too much stuff swirling around here, and I suspect that all of the agencies involvecl probably have not done as good a job commu- nicating with one another as they might have,” he said. 1 suspect this wiII go a long way toward reopening communication.”
-_. ~‘sourhcartandsouLThc
Mctmpolitan Water District of Southern
Wifomia Ins relied on the cdord0 Rkr
as its lifeblood since the fitst drops ts~~lcd through dx Cdotado Rkr Aqueduct in
1541. But in 1963. Weuopolian lost half its
frm Colorado Rhrr supplies in a legal kdc.
The SNM’A will prrnidc $30 million of
the funding for the All-American Canal
and will rcccivt SO.000 AF per “y of the project’s convrvcd waur. This
saved water also prmidcs the impetus
to develop other long-term agreemenu.
ShX’A and orher rcgknal agencies to
store water for kta tnc. thereby prolid-
i.ng incenthrs for signSant tnwsuncnu
in conscnadon.
m An in&mat2 a.Uiantr 0-g .4~3na.
&!i~bmi~ and &vada LO SLOW unwed
Souhcm St3ada h& cxpcricn&d Sub
snncid economic growth in recent dmdca.
and its regional economy is cxpccud to
prosper in the fkurc. This phenomenal
growh ras nor anticipated in 1928. how
cwr. when use of the Colorado Rncr KU
apporuoneh Ica\ing Se\ada with rights to onh 300.000 acre-feet (.W per year.
In a rcccnr aunsnt regional planning
procar the Southern Smada Nitcr
Authorin (SSKAJ dctcrmincd that addi-
tional Calorado Ri\-cr uaur suppiia
wrc csenti for the long-term health of the .Soa& cconom\.
To+. ?.fcoupoli& and the SL-IV.4 have dtigncd a handful of projects COI-
lccmch i;norn as ‘Reliabiiin Plus.‘This
‘. rmcnhip and program rqrcxn t a
totic c\cnt in inlcnntc nater
csourcc pkuming.
Once impicmcntch thcrr projects
till oansbrm 50 vurs of unccrnin
Colorado Rkr suppiia into 30 ycan
of cctinry. Tic projects cmphasuc
s~~~tcgics such Y credit for conxnadon investments. sound water managcmcnr
and banking poiicics. and ctitcrta to use
surpiu rkcr ka~cr.
Slcuopolicm has committed mow than 5100 million to pnsjccrs alrcad!
wdcrua\. .AJI additional $X0 million bill be invstcd in the Rciiabilim Plus
pro-g-tam to ensure a rclhblc natcr sup
plv for the w&n economics in the lower
Colorado RA-cr rqon.
lncludcd in the Reliabilin Plm pm-
gram arc:
r A ,b~nlmxhip hm hff?n7@iJoIr Od
lhf 5\7114 Lo implement a wnsmr2Jion
fmgram that amstnrct5 a 920 nrilljotr
wndnni mnal pailel lo 23 mib 01
G-u WrlJun -VC.4 mmium Cmaiui~h mop
eraion jvm lh Impid hptiotr District
(IW)and Gmch& Ii&y llhln District. This cma1 would prolidc n\ings of
about tiS.000 AF of hater per year, cur-
rcndy losr through seepage.
In cxchrsngc for funding the canal
consuucrion. Metropolitan and the
S?X4 bar Ihe opponunity to udLc
the conscncd Mater for 53 wzars Gth an option to rcnw for ano& 55 yeat
E An appmfh to opflnut monapnml oflhr Glmcuio RJW lwf.3 m anlnll .i M”O
Cdmzdo Rxur mmvm. which urmld $tl! g-mundwcun banns :a aiqmzaon unth thr
out when SU@LS U’IIICT is avaahbk and Gntral Anxna N’w tLnwaurrm Drrtnc
how unucd uum u apommed ammg wuld takt gmut~ akecp of high-ruatt-
A&ma. lZabf& and hmda. Tixsc
changes in hvcr operations am expected
yan. Currcnd~. hlcmpolicm and the
ShX’A each have 5O.ON 3.i stored
PROGRAMSTO ENSURE
RELlABlLrrY OF COLORADO RIVER
WATERSUPPLIES
to make additional low~osr rcltcr a\ailablc to ~!cuopolitan and S?X.I
with no impacts on other Colorado
River water usen Sclada would rccckc
the fin1 60.000 .AF. California the scc- ond 60.000 AP of unused Arizona appor-
tionmcnt and they would share amounts
beyond this
underground. whid may be rcco\crcd once surplus rclcasu arc made from
LLe ?&ad.
K Ttufindjrtg of trat-imu ?mj,~-~ IO COILWW
rmfrr, in coopnation srth IW, uk%~
in$mnv 1W 3 distribumn ~~tnn arld
on-farm uvur munap.-ni Sea+ TJ.OOO AF per year have been conxncd to
date and total annm) wings Gll reach
106,000 AF by 199;.
K A jfnpxal lo ulilk rhr v13ratt.f cnpaciq in
Caimdo him rntnvin jar water &ding. This would permit Stctropolitan, the
45
c 3
C Thr Polo lirdr Im’prion Disrnct i’& Land
Falhir~g Pq-ram: &r;cmr 1992 and I?%.
.~lr~rtplitun paid Polo \.kth lblb Ju-
lo JOIILW man. ~lron 20.003 ores ojlond.
Thar’s abow 22 perccm of Lhe irrigated
acrcqc in lhc \3lle\ char surround5 tic
tin of B&IX. To bc’uscd on an as-needed
basis in Sourhem California. rhc con- served IGIW - ncariy 186,000 AF - is
stored currcnrlg in lake Mead for use b)
~lcuopolicsn.
L ThcJariiirorion of (I wlrkmntr of a lap
standrng dub& tvnurtr ~71~ bnndr oJ
Miuwn Ind;am and IL 09 qlLmn&do
and I-WLI lmgarm Drrmd. Thus arrulgr-
men1 would permit tic ale of 16.000 hF
of supplcmcnel uaur annually Lo the
San his Rq Rkr Indian Mawr
Au’thoriry.
Colorado River supplies arc an inwgml
pan of Soulhem California’s S-475 billion econorm: which supports nearly 16 million
midenu. a population base that cononucs
Rtif¶hp¶zipfM
~tcuopohun cu cfexd cn 1925 IO
build an aqwdurr from rhr Colotxio RI\ cr
10 die coasul plan of Sourhcm GliiormJ.
The sOur.hcm Smad3 \\ur .Aulhonn U;L’
created in 1991 IO respond to NaLcr and
wsrcuaur ksua of proving Unpornncc
in the Sourhem Scrada arcs Tog&w. rhn
are planning for the fucvc. Your suppon ts need4 to sccwc tic
inno~xivc Colorado Ever rcsur~e manage-
mcnt sua.t~ cncompascd by the
Rcliabiliry Plus pmgnm. 1%‘~ YC ar a rurw ing point in rhc mcr’s hlsron - mo\,ng
Refiabiiiity Plus l tletropditan Water District
19% ZOlO
to grow by about 23O.OOO people annualI\.
Bv rhc yzr 4010. Mcuopolinn’s conswncr pop&Con is projccrcd 10 bc almost la.5
millton.
liio*isc. this karcr suppi!. is a kf~ factor
in rhr grouti of Southern Sk7da.s S20 billron econom\. \$irh up IO 6!I.O00 pcopir annualI\ monng 10 join Lht nrarh I milllor.
rcsidcna. b\ t.hr scar 2010 Sourhcrn
X;c\ada’s populauon 1s expected IO bc about 2 million.
Ic maks economic sense to impiemcnl
ksc programs. The awage cost of Lhc uaur is no more than SX/.G. Even lrith
the highest componcnr of 51X ‘.iF. Lhc
louiosl uatcr from Lhcsc programs Hill
sucng-kn no[ onlv the Soulhland’s cconc-
m\: bur bill ensure tie condnucd economic
\idin- in Southern Se’c\zda. For many yca.rs .\lruopolinn wrL.cd
*ith long-range plans hai assumed rhc
Colorado River Xqucducr would be onl!
half full. .& il turns OUL J,c riwr’s rcscr-
vain haw been full or nearly full over Ihe last 10 yzars. pcrmirring all users to contin-
UC divcning as much Colorado River \\arcr as nccdcd. Full, ho\revcr, does nor mean
reliable. The Colorado Ri\rr Rcliabiliq Plus pre
gram assunzs char Lhe supplies will indeed
be dependable for rhc next 35 JCUS. Reliable at a rcasonablc COSL
from a pcnod oi
qon;Li uncce
nmn to a pcncr=-
rion of ccrzunn
The allunrr5
forged Lhrou$ incsc proFm<
*ill pro\%
secure. afTord;lbir
dcil\cncJ o\cr Li?r
nest 30 wm.
I\? nerd ,011:
~ppo” beaux
rhc prvm5 must bc +proicd
br Lhr c.s
Srcrcnn of Lhc
Inurior. 1t.c arr roniidcnr rhr mwxt;llr
allnnca and progzuns kc have suncd xc
no4 approaches lo\\7rd rnaL.m,e oncr
unccruin Colondo ILt\cr suppi~s mow
dcpcndzbic. For additional iniormaoon on chic
Rcliabilly PILU pro,Tm. CO~UCI Li
\‘Yqucr. naan3Fcr 0; .\lcuopoiiun’s
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POST OFFICE BOX 541s
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46
San Diego County Water Authority
P. Public Agency
3211 Fifth Avenue l San Diego, California 92103-5718
(619) 682-4113 FAX (619) 2952815
\‘!S,EST F. !33SDCl II;. ocr!cr.,i c.i cn-c
JAMES J. TAYLOR T;i+n. Gcnsll counx4 Y
December 19,1995
TO:
FROM:
RE:
Board of Directors
Vincent F. Biondo, Jr., General Counsel
Questions and Issues Raised by MWD’s New Reliability Program, the
Colorado River Board Mediation Process and the Law of the River
MWD has announced a new “reliability plus” program, which they claim will
ensure a full Colorado River Aqueduct for the next 30 years. The additional water
estimated at 429,000 acre feet a year is to come from a combination of “banking” and
more “flexible reoperation” of the River. I have previously distributed an extensive
memorandum indicating that MWD’s banking objective is not achievable without
consent from others and a change in the law of the River. MWD’s lawyers have a
contrary view but acknowledge that more Arizona v. California litigation before the
Supreme Court may be required before we know who is right. The last round took 12
years from 1952 to 1964 to resolve. Nevertheless, to achieve its objective, MWD is
committing now to supply up to 16,000 acre feet in perpetuity to the San Luis Rey
Indian Water Authority. A second element to the program, which was approved at the
December 12, 1995 MWD Board meeting is a sale of MWD’s fourth priority rights to the
Southern Nevada Water Authority (SNWA) in an annual amount of 30,000 acre feet.
The Authority’s Special Counsel and I think the SNWA “deal” will also require a change
in the law of the River and the consent and approval of IID, Coachella and Palo Verde,
who have all expressed serious concerns. The Authority staff shares many of those
concerns and prepared a list of questions on the sale to SNWA (Attachment A). It
seems to me t,hat MWD’s priority water should not be given away without answering
those questions and that the questions need to be addressed in the mediation process.
The justification offered by MWD for the sale of water to the San Luis Rey
Indians and SNWA is that it is necessary to secure their support for banking and
reoperation of the River. However, none of that can be accomplished without the
consent of Arizona, which has announced grave concerns. MWD’s staff stated their
MEMBER AGENCIES
CITIES .&.eh’-. .: ,,‘,:.. ~...yyr (.,
. “cr., 0 . iv*:. . ,, _ :a”;;
COlJNrY . >,l “. -. .,L
lRRlGAlfON DISTRICTS WATER DISTRICTS - xmu Fe * ii.:n 80. . Helm” . OI”, . ..,.- . *or Dleq”,‘o 47 . ‘Vd?mO,
PUBLIC IJTILfTY DlSTRfCT FEDERAL AGENCY . ia ‘CiiC. . ie”d,?*or h,hlO,” i.,*r,o.,r-
“r*..-ry cr; RL< ,‘:E; DLDCJ
MUNICIPAL WATER DISTRICTS . C”rl.Doa . sonlooo . Ol’renno~r . Pmon del Dml,r. . Pmw Dam . “ollcr ‘enlrr . PO,“,,,~ - Yumo
Board of Directors
December 19, 1995
Page 2
intention to deal with those concerns by a further gift of MWD’s fourth priority water to
Arizona through a pledge to share future shortages. That would reverse California’s
priority gained in 1963 as a result of Arizona v. California and remove the consideration
received for California’s consent in 1968 to the legislation authorizing construction of
the Central Arizona Project. That is a fundamental change of the law of the River,
which would give up long-term rights in return for possible short-term advantages.
The purpose of this memorandum is to raise some additional questions on
MWD’s action and the two assumptions, which underlie MWD’s program: 1) the amount
of water available in the River, and 2) the amount of additional supplies for the coastal
plain of California that allegedly can be made available through banking and
reoperation. Unless MWD’s assumptions about those matters are true, everything they
are giving away as discussed above is to no good purpose. Some of the questions that
need to be addressed in that regard are as follows:
1. MWD assumes that Colorado River has an average 16 million acre feet
per year available. The Grand Canyon Trust is on record that “seriously overestimates
the size of the pie from which slices can be cut”. The Trust has concluded that “the
Colorado River is drastically over-allocated.” How can MWD or the mediation process
go forward without agreement on the amount of water available in the River? The first
step in a legal process is to determine the facts, and it doesn’t appear that has been
adequately done.
2. Until 60 days ago, all of MWD’s experts, General Managers and General
Counsels were in agreement that when Arizona began using its full allocation, the
aqueduct would be half empty. It is not clear what has changed that enables MWD to
give Arizona and Nevada substantial amounts of its existing priorities and thereby claim
they have guaranteed a full aqueduct.
3. MWD’s estimate that 429,000 acre feet per year can be made available is
based on a draft memorandum from a staff member in a division of the Bureau of
Reclamation. Discussions at the Colorado River Board indicates the new methods of
operation are unacceptable to IID, Coachella and Palo Verde, and the memorandum
has been recalled by the Bureau. The shape of the new rules for the River remains
under discussion in the three-state process, and the outcome of those discussions is
unclear. MWD appears to have based its program on a quantity of water which is not
yet even risen to the level of being the staff recommendation from the Bureau and
which is unacceptable to the parties with rights on the River.
4. A news release from Secretary Babbitt says he will consider the banking
of conserved water, specifically referencing the All American Canal Project (AAC), and
while supporting consensus hints he may be willing to go forward notwithstanding a
lack of agreement (Attachment B). MWD is trying to get the Secretary’s agreement to
bank an additional 106,000 acre feet of water from the IID conservation program.
MWD acknowledges this part of their “deal’4k the most uncertain. If the opposition
-
. Board of Directors
. December 19, 1995
Page 3
from the other California contractors and Arizona makes this water unavailable, they
are left with the AAC that will only produce 67,000 acre feet. Deducting 16,000 for the
Indians and 30,000 for Nevada, that would allow MWD to bank 21,000 acre feet per
year, which cannot make up for the 30,000 acre feet of entitlement water, which MWD
has agreed to forego to facilitate the transaction.
5. MWD estimates the amount of conserved water available to MWD for
banking each year at 144,000 acre feet. That has been questioned, and it is possible _
50,000 acre feet or more may have to go to Coachella to secure their approval. Even if
MWD wins the fight for banking and is right about the amount, the conserved water
seems inadequate to fill the void that will be left when Arizona reclaims its water. The
MWD program depends on the Secretary’s approval of more than conserved water and
includes banking of surplus water and the reoperation of the River. It is uncertain that
the Secretary intends to go beyond acting on the transfer of conserved water. He has
stated there will not be any “takings” of anyone’s water on his watch and that all rights
would be protected. While the conserved water may meet the needs of the Indians and
Nevada, it’s unclear how it can meet MWD’s desire for a full aqueduct.
6. Even if MWD is correct, they admit their “solution” is good for a maximum
of 30 years. The program does not explain what happens after that. The priorities will
be gone, and their permanent replacement has not been identified. It is not clear how
that meets the region’s long-term reliability needs.
7. MWD’s alleged rights to bank water run only to its entitlements. Adding
conserved AAC water doesn’t seem to make up what will be lost in the assignment of
MWD’s entitlements to Nevada and Arizona. It is unclear how MWD can bank its
entitlement and use it at the same time. It appears MWD needs to use Arizona’s
surplus water. Estimates are that surplus will become unavailable in 2009. If Arizona
pumps its entitlement for groundwater recharge, the surplus may be gone before 2009.
It seems to me, in either case, that MWD’s withdrawals from the bank would empty the
account in a few years. MWD has not shown how its numbers “add up’ to meet the
claim of reliability.
8. The law authorizing the San Luis Indian settlement and the AAC limits
use of the water to California’s coastal plain. The assignment of water from the AAC
appears to violate that law. Section 132 of MWD’s Act limits water sales outside the
District to surplus. MWD has no surplus, especially since their Board has notified
SDCWA’s agricultural customers of a possible cut-off due to shortages. Even if MWD
can find some surplus water, Section 132 requires “preference” to uses within the
District, which it appears MWD has violated by rejecting the Chair’s request that the
Nevada deal be continued to give the SDCWA time to consider making an offer to
purchase the water. MWD’s legal ability to implement its new policy has not been
addressed.
49
Board of Directors
December 19, 1995
Page 4
The Authority shares MWD’s goals. However, the people who built the system
and brought water to Southern California fought long and hard legal battles to secure
California’s priorities. Even with that, it is open to question if there is enough water to
go around for the future. MWD appears to be giving up those priorities in return for a
hope that additional supplies will be given to them sometime in the future. Supplies,
which based on the information available to me may not exist. As presently proposed,
litigation appears likely. MWD appears ready to buy Arizona’s acquiescence by giving
up California’s priority. It is understandable that Arizona would be willing to trade short--
term surplus water that they are not in a position to use in return for a new priority
which they do not now have, that will guarantee them water when their increasing
needs bump up against the shortage situation on the River. It appears that MWD may
be buying a short-term gain at the cost of long-term reliability and doing that without
answering the questions we have raised. MWD’s actions, which they claim have
solved the reliability problem, instead, may have made it worse.
The California contractors, MWD, IID, PVID and Coachella, with the City of Los
Angeles and the SDCWA, are members of the Colorado River Board (CRB). They
have also contracted to act together to protect their common interests on the River
through the six-agency committee. The concerns raised by MWD’s new policy will be
subjected to mediation by the committee, and a recommendation on the results will be
sent to the CRB. The effort is being made to avoid litigation and preserve the ability for
California to “speak with one voice” on the River. The CRB staff has prepared a draft
dated December 13, 1995 of the identified issues from the discussion at the
December 7, 1995 meeting in Las Vegas (Attachment C). Bob Campbell and I will be
representing the SDCWA in the mediation scheduled for January 4 and 5, 1996. It is
our intention to raise the questions in this memorandum and the SDCWA’s interest in
the IID water transfer as a part of the discussion of the identified issues.
There are serious doubts that MWD’s policy can be “squared” with the law of the
River. Directors at the December 14, 1995 Board meeting indicated an interest in
gaining a better understanding of that law. Attached is a draft of Chapter Ten, “The
Law of the Colorado River,, which was included in a new book, California Wafer by
Arthur L. Littleworth and Eric L. Garner, published by the Solano Press (Attachment D).
I have consulted with Mr. Littleworth in the past, and he was kind enough to send me
an advance copy of Chapter Ten, so it can be shared with the Board without violating
any copyright laws.
Mr. Littleworth has done an excellent job of summarizing the litigious history of
the River, and I recommend that every member of the Board carefully read Chapter
Ten. That will help explain words like “fourth priority water,, and “present perfected
rights” that have been heard in the boardroom. It will also help to understand that we
are now engaged in writing the next section of the chapter on “The Law of the River,,.
As Mr. Littleworth explains on page 299, the May 6, 1994 draft regulations from the
Bureau for the Colorado River include some of MWD’s ideas for “banking” and
“reoperation”. They are under discussion a;$ have become controversial because, as
_-
Board of Directors
December 19, 1995
Page 5
he says, “some experts also question the Secretary’s authority to allow water banking
and transfers generally without certain changes in the law of the River.” Those
questions lie at the heard of my concerns with MWD’s new policy and provide the legal
context for the mitigation process.
The “bottom line,” as I see it, is that MWD’s new policy is an attempt to expand
its priority and legitimize the use of Arizona’s water. History shows similar changes in
the law of the River have only been achieved after protracted litigation. Consensus is a-
possible alternative, but MWD voted on December 12, 1995 to move ahead with the
Nevada agreement, despite requests from the SDCWA and IID, for a “time-out,” which
seems inconsistent with a good faith effort to achieve consensus.
All of these problems could be avoided if MWD would take a different approach.
The IID transfer is a reliability alternative entirely within California’s 4.4 million acre-foot
entitlement. Intrastate transfers that are acceptable to the California contractors have
been done before and would not require a change in the law of the River. As a legal
matter, it is a much simpler transaction with a higher chance of success without
litigation.
After reading Chapter Ten, if you have any questions, please let me know. If
anyone wants to read the “raw material;” that is, the primary agreements and the cases,
which make up the “Law of the River,,, they are available in the office.
General Counsel
VFB:ps
Attachments
cc: John Lockwood
Maureen Stapleton
Bob Campbell
Gordon Hess
H: \WORDd\BOARD. 95\ADHOC.DOC
51
,- Attachment A
Questions of Due Diligence for the MWD Board of Directors
Regarding the Approval of WP&R Item 8-12.
(u/12/95)
1. Does Metropolitan have the authority to sell this water to SNWA?
How can the 30,000 a.f. be used in Nevada without violating federal law? PL
100-675 Sec. 204 (b) provides for “beneficial use in California” and specifically
requires ‘consumptive use by California Contractors within their service areas.”
The MOU states that MWD receives the canal lining water and that MWD
provides other water to Nevada. That, of course is an obvious subterfuge, and
wouldn’t such a transparent mechanism violate the Act. Is selling fourth priority
Colorado River water consistent with the contract with the Secretary of Interior?
Doesn’t the contract with the Secretary require that fourth priority water be used
on the coastal plain of Southern California? Is legislation required to allow the
SNWA to receive this water? Doesn’t MWD’s Act (Section 132) restrict the sale
of water supplies outside its sehrice territory to surplus supplies?
-
2. The MOU provides that “The parties hereby establish a long-term
partnership for the purpose of securing additional long term reliable supplies of
Colorado River water.” What are the legal and policy implications of entering into
a “partnership,, with the SNWA?
What does a partnership mean? Does MWD have a duty to disclose
information? Does MWD have a duty to be involved in SNWA’s long term
planning efforts? Does it have a duty of financial support? Does it have a duty
to politically support SNWA? How will MWD resolve any conflicts between the
states of California and Nevada where interstate issues are normally examined?
Is there a conflict between MWD’s fiduciary responsibilities to its member
agencies and its new out-of-state partner?
3. How will the agreement be viewed by the State of California, including the
Governor, State Senate and Assembly?
Who has MWD contacted regarding this agreement, and what has been their
reaction? Is MWD aware that it proposes to sell to SNWA the State of
California’s right to water? What input has been received by MWD staff or
Directors regarding how this agreement will impact the Bay Delta process?
Shouldn’t MWD allow for broad policy input before it acts to make this historic
change of direction?
4. Given that MWD believes that is already has a right to bank water on the
Colorado River, what consideration is MWD receiving for 30,000 a.f. of fourth
priority water, other than “support” for the September 27, 1995 USBR discussion
memo? Doesn’t Nevada already have every incentive to support the memo’s
principles anyway? If water is available from reoperation of the river, why
doesn’t MWD support Nevada’s effort to persuade the USBR to reoperate the
river, without giving up its fourth priority water supplies?
5. Why is MWD so anxious to forge ahead with this agreement over the
objections of the other Colorado river interests including IID, PVID and
Coachella? Is this in MWD’s best long term interests? Shouldn’t MWD make an
effort to resolve its California interests and differences first?
6. Why is MWD moving forward without seeking input from northern
California interests, including elected officials, environmental interests, and other
- affected interests? Is MWD aware there are grave concerns that this action will
hurt its efforts in achieving Bay Delta solutions upon which its water supply
future depends?
7. Will other California parties believe that MWD has come to the table in
good faith to negotiate with them, if MWD has already signed the MOU
agreement with another state? How can Nevada’s support create the consensus
necessary to achieve MWD’s goals on the River if it comes at the cost of losing
the support of a majority of the Colorado River Board and the six parties?
8. Why isn’t the MWD Board willing to defer action for 30 days to permit the
San Diego County Water Authority or other interested agencies within California
to meet the offer of the SNWA to share the cost of AK lining and thereby
receive the 30,000 a.f.? This would solve MWD’s cost sharing problem and
keep the water within California as well. MWD member agencies have heavy
historical investments in MWD and should have the first opportunity to
participate with MWD in the lining project under the same terms offered the
SNWA.
9. If legislative hearings are set to review the MOU, is the MWD Board
sufficiently informed to explain the purpose and value of this transaction?
10. Why is MWD proposing to sell water to Nevada when because of possible
shortages MWD has given notice to agricultural water users throughout its
service area that their water supply is subject to total interruption? Where is the
equity and where is the logic in such a decision?
11. As a “partner” of Nevada, wouldn’t MWD will be obligated to support
Nevada in its efforts to get Virgin River water? Yesterday a Director described a
dam on the Virgin River as bad. Why should MWD sign an MOU that has
language that requires it to support such a project? Shouldn’t the Virgin River
be specifically excluded? If MWD is concerned that Nevada may dam the Virgin
River then doesn’t this agreement really say “In order to prevent Nevada from
stealing Colorado River supplies, lets give it to them?,,
53
12. Aren’t the SNWA and San Luis Rey Indian agreements a defacto
annexation of southern Nevada and the San Luis Rey Indian lands? How is tnis
expansion of MWD’s service territory consistent with MWD’s Local Resources
Program in which member agencies’ money is used to make payments to certarn
member agencies to reduce their demand on MWD.
!3. MWD has not yet addressed the Arizona situation. isn’t it likely that MWD
will waive it priority over the Central Arizona Project, in order to get Arizona to
approve banking? The banking described cannot fill the aqueduct for more than
30 years. Would not MWD give up a long term priority to gain a short run
benefit? Isn’t it true that if MWD would somehow get a long term benefit, Arizona -
would not agree to it? Please explain this. What is MWD’s strategy if MWD’s
action results in a new of Arizona vs. California?
54
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56
-- __----. -__
draft 12/13/95
Attachment C
.
IDENTIFIED ISSUES
1) How are agricultural agencies protected against unforeseen
consequences of MWD's action and what is the definition of -
B'no-harm/no-foullt (ie. what constitutes llharmedlt?)
2) Will there be increased political pressure in the future for
agriculture agencies to give up some of their water for municipal
uses, as a potential result of 1) MWD's shortage sharing with* CAP
and/or 2) MWD selling to Nevada part of the 68,000 af of saved
water by the AA canal lining project? Is this a risk that the
agricultural agencies will accept?
3) Can shortage sharing changes be accomplished without amending
the 1968 Act? Does it matter, if Arizona would settle for nothing
less? Are there any conditions under which agricultural agencies
would accept amending the 1968 act?
4) Are changes in the 1964 decree in Arizona vs. California
acceptable to all of the California parties if such changes are
required to implement the Regional Solution?
5) Are any changes in the +jLaw of the River" acceptable to the
57
-.
California parties? What are they and how would such changes be
accomplished?
6) Is up to 30,000 af of water made available to Nevada under the
MWD/SNWA MOU a legal transfer of water ? What kind of water is being
transferred? Is the proposed transfer prohibited under terms .of
the legislation authorizing the AA Canal lining? Is it prohibited _
insofar as it is a transfer of San Luis Rey settlement water? Is it
a legal transfer (ie. by forbearance) of Priority IV water? Is such
a transfer acceptable to the California parties?
7) MWD's banking rights under 1931 contract: Can San Luis. Rey
settlement agreement constitute an establishment of guidelines
(criteria) by the Secretary under that 1931 contract such as to
allow MWD to bank water (of any or all of the four types being
proposed) in the mainstream? (ie. 1) All-American Canal water,
2) PVID test fallowing water, 3) IID's Phase I water, and 4)
Salinity control water)
8) Is the San Luis Rey Settlement an appropriate way to
establishing banking when it only applies to MWD and no one else?
Should banking only be authorized pursuant to an overall regional
solution applicable to all parties and via an open, public process?
9) Is it acceptable to negotiate individual components of any
-Regional Solution vs. an‘Overal1 Package
58
.
.
10) Can a unified California position be achieved without CVWD
receiving a guaranteed share of 3.85 maf agricultural entitlement?
11) Should intrastate wheeling of water be addressed as part of
the overall package?
12) Does MWD's Integrated Resource Plan (IRP) prohibit intrastate _
and interstate transfers from the Colorado River? Does this need
to be addressed as part of any Regional Solution, and if so, how?
59
Attachment D
CHAPTER TEN
The Law of the Colorado River
Introduction
The Colorado River is the second longest river in the continental The Colorado Ricer is the second longest
United States. Its characteristics were eloquently summarized by ricer in the contmentai L’.S. and drains
Justice Black in his opinion in Arizona ~7. California (1963) 373 an area almos& 900 miles long and 300
to 500 miles in width.
U.S. 546-
The Colorado River itself rises in the mountains of Colorado and
flows generally in a southwesterly direction for about 1.300 miles
through Colorado. Utah, and Arizona and along the Arizona-
Nevada and Arizona-California boundaries, after which it passes
into Mexico and empties into the Mexican waters of the Gulf of
California. On its way to the sea it receives tributary waters from
Wyoming. Colorado, Utah, Nevada. New Mexico. and Arizona. The
river and its tributaries flow in a natural basin almost surrounded
by large mountain ranges and drain 242,000 square miles, an
area about 900 miles long from north to south and 300 to 500
miles wide from east to west-practically one-twelfth the area of
the continental United States excluding Alaska. Much of this large
basin is so arid that it is, as it always has been. largely dependent
upon managed use of the waters of the Colorado River System to
make it productive and inhabitable. Arizona. page 552.
The Colorado River Basin is divided into two regions, the upper
and lower basins. This division came about as a result of a proposal
by Herbert Hoover, the federal representative at the Colorado River
Compact negotiations. This proposal was developed because the
states in what became the upper basin were concerned that the
60
lower basin states would put Colorado River water to beneficial use
before the upper basin and thus develop a priority-
The major legal dispute lies benveen the upper and lower basin.
Indeed all the problems very naturally divided themselves into tvvo
parts-that is into the two basins of the river separated by the
canyon. The character of agriculture. industry, and the engineer-
ing problems in the two basins are of widely different nature. and
it became the natural and logical thing to divide the Colorado
River into two parts at the canyon. and to assign to each part a
certain portion of the flow of the river permanently, and to develop
the two basins as two separate principalities.’
The Upper Basin consists of the area The Upper Basin consists of the Colorado River and its tributaries
upstream of Lee Ferry; the Upper Basin
states are Utah. Colorado. and Wyoming. north of Lee Ferry, Arizona, and encompasses the states of Utah.
The Lower Basin states are .Verada. Colorado, and Wyoming. The river and its tributaries drain approx-
Arizona A’ew Mexico. and Catifornia. imately 110.000 square miles within the upper basin. The three
primary tributary rivers of the Colorado River in the upper basin are
the Green, Gunnison. and San Juan rivers. The lower basin consists
principally of two rivers, the Colorado River and the Cila River. and
encompasses portions of Nevada. Arizona, New Mexico, and Cali-
fornia. Most of the water supply of the lower basin comes from the
waters of the upper basin.
The waters of the Colorado River are governed by various
treaties, acts of Congress, compacts, agreements, and contracts.
which collectively are known as the ‘Law of the River.” This chapter
will summarize the Law of the River as it affects California and w-ill
give the reader an understanding of how and why the waters of the
Colorado River are allocated as they are.
The Colorado River Compact
Between 1918 and 1920, an organization called the League of the
Southwest held several meetings at which the governors of Arizona.
California. Nevada. New Mexico, Oklahoma (Wyoming was later sub-
stituted for Oklahoma). Texas, and Utah were represented. One topic
at these meetings was the development of the waters of the Colorado
River by the Reclamation Service (which later became the Bureau
of Reclamation). The upper basin states feared that the lower
basin states would use tbe Colorado River’s waters sooner. Under the
doctrine of prior appropriation, this would allow the lower basin
’ Wilbur and Ely, The Hoocvrr Dam Documents (19481 page 22. citing “Transactions of the Commonwealth Club uf California.’ volume 17. number 11. page 451.
61 210 ~~.~~OttNl4 w.\T,?,q
states to develop a priority. The upper basin states
believed they had only two ways to protect them-
selves: 0) a Supreme Court lawsuit based on the
doctrine of equitable apportionment (to avoid prior
appropriation); or (2) an interstate compact that was
not based on the doctrine of prior appropriation2
In 1920, the League of the Southwest adopted
a resolution that the states whose territory ivas
included within the drainage of the Colorado Riv-er
should enter a compact to settle the rights of the use
of the Lvater of the Colorado River. This resolution
also suggested that each state legislature appoint a
commissioner to represent that state in negotiations
and agreement on a compact. In that same year. the legislatures of Colorado River flowmg
the seven states authorized the appointment of commissioners and :mough the Grand Canyon
negotiation of a compact, and in 1921 Congress authorized the nego-
tiation of the Colorado River Compact. Negotiations on the compact
began in January 1922 under the direction of the federal repre-
sentative to the Colorado River Commission, Herbert Hoover. The
primary goal of the Colorado River Compact vvas to provide storage
needed for flood protection in the lower basin. and to allow junior
appropriators in the upper basin to divert water. The compact is
perhaps the most important element of the Law of the River. and its
key provisions are discussed briefly below.
Interstate water disputes historically have been settled on the
basis of the doctrine of equitable apportionment. The origin of the
doctrine dates back to Kansas u. Colorado (1907) 206 C.S. 46.3 That
case set forth the basis for equitable apportionment-
One cardinal rule. underlying all the relations of the states to each
other, is that of equality of right. Each state stands on the same
level with all the rest. It can impose its own legislation on one of
the others, and is bound to yield its own v-ievvs to none. Yet. when-
ever.. . the action of one state reaches. through the agency of
natural laws. into the territory of another state. the question of the
extent and the limitations of the rights of the two statep becomes
a matter of justiciable dispute between them. and this court is
called upon to settle that dispute in such a \vay as h-ill recognize
the equal rights of both and at the same time establish justice
between them. Kansas u. Colorado (1907 206 C.S. 46. 97-98.
z Wilbur and Ely. pages 17-19:
3 Sax and arams. Legal Control of Water Resources. 19%. page 698.
62
“I r ,., 1’ I . 1 8
In Wyoming u. Colorado (1922) 259 U.S. 419. the court’s decree
protected the priorities of the individual state law appropriators,
regardless of state lines. Wyoming, page 465. The impact of this
decision was described by the Colorado River Commissioner for
the State of Colorado-
The upper state has but one alternative, that of using every means
to retard development in the lower state until the uses within the
upper state have reached their maximum. The states may av_oid
this unfortunate situation by determining their respective rights
by interstate compact before further development in either state,
thus permitting freedom of development in the lower state without
injury to future growth in the upper.”
After the decision in Wyoming v. Colorado. the upper basin states
believed it was imperative to enter into a compact.
The 1924 interstate compact divided the The compact was sined on November 22, 1924. and its provi-
Colorado River System between the Upper
and Lower Basins. Ari:ona refused to sions are described below. The compact was the Iirst one ever to be
approve the Compact until 194-I. approved by Congress, and the first time the federal government
i
1’
iI
.‘. :*i-- & CALIFORNIA WAT,‘R
had ever subjected the exercise of federal powers to the terms of an
interstate compact. Article I outlines the purposes of the compact-
The major purposes of this compact are to provide for the equitable
division and apportionment of the use of the waters of the Colorado
River System: to establish the relative importance of different bene-
ficial uses of water; to promote interstate comity; to remove causes
of present and future controversies; and to secure the expeditious
agricultural and industrial development of the Colorado River Basin,
the storage of its waters. and the protection of life and property
from floods. To these ends the Colorado River Basin is divided into
two Basins, and an apportionment of the use of part of the water
of the Colorado River System is made to each of them with the
provision that further equitable apportionments may be made.5
Article II is the definitional section. Article II (a) defines the
‘Colorado River System” to include the portion of the river and its
tributaries in the United States. Article II (b) defines the “Colorado
River Basin” to include ail of the drainage area of the Colorado River
System and all other territory in the United States where the waters
of the Colorado River System are beneficially applied. Article II (0
defines the “upper basin” to include the portions of Arizona, Colo-
rado, New Mexico, Utah. and Wyoming from which waters naturally
4 Wilbur and Ely. pages Al& 22. 30.
’ Wilbur and Ely. page A18.
63
drain into the Colorado River System above Lee
Ferry, Arizona. The upper basin also includes al1
parts of these states located outside the Colorado
River System drainage which are beneficially served
by waters diverted from the system above Lee
Ferry. According to Article II (g). the ‘Lower Basin”
consists of the portions of Arizona. California,
Nevada, New Mexico. and Utah from which waters
drain into the Colorado River System below Lee
Ferry. The lower basin also includes all parts of
those states located outside the Colorado River
System drainage which are beneficially served by
waters diverted from the system below Lee Ferry.
Article III apportions the waters of the Colorado River. Article
III(a) allocates in perpetuity to both the upper basin and the lower
basin the right to a beneficial consumptive use of 7.5 million acre-feet
of water each year. .\dditionally, Article III(b) gives the lower basin
the right to increase its beneficial consumptive use by up to 1 million
acre-feet per year. .%-title III(d) requires the upper basin to release
75 million acre-feet of water during each ten-year period at Lee Ferry,
Arizona. Water to satisfy the requirements of a Mexican water treaty
would come from the surplus waters, and if no surplus waters existed.
the two basins would have their rights equally reduced. titicle III(c).
In 1944, the United States and Mexico negotiated a water treaty con-
cerning the Colorado River. The treaty obligated the United States to
deliver to Mesico 1.5 million acre-feet of water per year and up to
1.7 million acre-feet of water in surplus years.(j
As we look at the situation today, it is important to note that
the compact apportioned not only the mainstream supply. but also
tributary flows. Herbert Hoover, in his analysis of the compact,
stated that the term “Colorado River System” covered the entire
river and its tributaries.’ On this basis, it is also clear that the
parties believed the supply was large enough to satisfy the appor-
tionments and still have some surplus. Indeed, from 1906 to 1921
the average natural flow of the river was 18.1 million acre-feet.
However, natural flows from 1906-1990 were only 15.2 r&ion acre-
feet.s Hoover himself estimated the undivided surplus of annual flow
’ Wilbur and Ely. pages Z-26. .-\HSl-ASS.2.
’ The Hoover Dam Documents. pages A33436 R Smith and Vaughn. ‘Deconstructing the Colorado River: Part 1. LVater
Strategist.” 1994, 7 I\‘nter Strategist. page 4.
Lake Powell located in the Upper
Basin of the Colorado River
The Compact apportions i.5 million acre-
feet of consumptire use per year to both
the L’pper Basin and the Lower Basin.
and giaes the Lower Basin the right to
increase its use by up to I million acre-
feet annually.
The I’pper Basin is required to release 75
million acre-feet over each IO-year period
al Lee Ferry.
64
(‘h:tptclr IO Thv Inrlq r~l’tlrr~ (‘olw-ndr, Hir*r*r :!q(R
- I \
-
The Compact appears to haue ooeresti- to be approximately 5 million acre-feet. Of course, later developments
mated the long-term supply now available. also excluded tributary flows from the allocation process, and it
appears that in the long run it will be shortages, not surpluses. that
cause a problem.
Article VIII of the compact states that “present perfected
rights” are not impaired by the compact. Remarkably, this phrase
was not defined in the compact. It refers to rights which have vested
by being put to benencial use prior to the Boulder Canyon Project
Act according to the law of the state. -
Article XI required all seven states and Congress to ratify the
Colorado River compact for it to become effective, but Arizona refused
to give its approval until 1944.9
Federal Legislation Leading to the Boulder Canyon Project Act
In 1904, the Mexican government approved the delivery of Colorado
River water diverted from \Iexico and carried through the Alamo
Canal, located in Mesico. to the United States. Almost immediately
there were problems with levee breaks and with Mexican laws that
impeded levee and canal maintenance.*O This situation spurred
calls for a canal located entirely within the United States to divert
and deliver Colorado River water. but it quickly became clear that
this proposal would never come to fruition without federal legisla-
tion. The first Kettner Bill 1H.R. No. 6044. 66th Cong.. 1st Sess.
(191911 authorized the construction of such an All-American Canal.
Although hearings were held on the bill, it did not come to a vote.
The second Kettner Bill (H.R. No. 11553, 66th Cong., 2d Sess.
(19201) included provisions for storage reservoirs and an All-
American Canal. This bill was never enacted either.”
The Kinkaid Act, approved on May 18, 1920. authorized a
study of the Imperial Valley to determine the feasibility of irrigation
in the area. The resulting study became known as the Fall-Davis
Report, which was submitted to Congress on February 28. 1922. It
recommended the construction of the All-American Canal and a
storage reservoir at or near Boulder Canyon. Two months later, the
first Swing-Johnson bill (H.R. No. 11449, 67th Cong.. 2d Sess. (19221).
authorizmg construction of the All-American Canal and a dam at or
near Boulder Canyon. was introduced to carry out the recommen-
dations of the Fall-Da\-& Report. Hearings were held on the bill, but
it was not voted on. The second Swing-Johnson bill (H.R. No. 2903.
” Wilbur and Ely. pages .421-.X4. ‘e Wilbur and Ely. pages 115-l 16.
I’ Wilbur and Ely. pages 14-16.
65
68th Cong.. 1st Sess. (1923)) contained provisions similar to those in
the first Swing-Johnson bill, and it met the same fate.*”
These bills generated a great deal of controversy. Arizona’s
unrelenting opposition to the compact meant that it could not be
ratilied. The upper basin states feared that if Congress passed river
control legislation before the compact was ratified, California would
be free to take as much water as it wanted. The upper basin states
wanted Congress to allow the compact to become effective with the
approval of sis states and to require California to limit itself to a
specific amount of water. Ultimately. this solution prevailed.13
The third Swing-Johnson bill (H.R. So. 6251, 69th Cong.. 1st it took four Suing-Johnson bills. OLW the
Sess. (1925)). containing essentially the same provisions as the second period OJ 1922 to 19X to secure passage
Swing-Johnson bill, svas submitted to the Secretary of the Interior and of the Boulder Canyon Project Act. since
.Irirona would not sign the Compact.
was redrafted and reintroduced on February 2;. 1926. This bill was
favorably reported out of committee but \vas prevented from passing
by a fdibuster in the Senate. The fourth Swing-Johnson bill was then
introduced in the House of Representatives on December 5. 1927. and
in the Senate on December 6, 1927. It finally passed Congress on
December IS. 1928. and was signed by President Coolidge on Decem-
ber 21. 192s. Because certain precedent conditions set forth in
Section 4 had to be fulfilled, the Act did not immediately become law.
On June 25. 1929. however. President Hoover issued a proclamation
declaring the Boulder Canyon Project Act effective. ‘a
The Boulder Canyon Project Act
The Boulder Canyon Project Act (BCPA) sought to balance the interests BCPA = The Boulder
of the lower basin in the construction of the M-.-‘unerican Canal and Canyon Project Act
a storage resenoir, with those in the upper basin securing an inter-
state agreement to protect against a lower basin water grab. The
goals of the lower basin states were satisfied in the purposes of the
BCPA, svhich ivere set forth in Section 1 as being for-
. . . controlling the floods, improving navigation and regulating the
flow of the Cplorado River. providing for storage and for the deliv-
ery of the stored waters thereof for reclamation of public lands
and other benelicial uses exclusively within the United States. and
for the generation of electrical energy as a means qf making the
project herein authorized a self-supporting and financially solvent
undertaking, the Secretary of the Interior. subject to the terms
l2 \Vilbur and Ely. pages 15. 38-39.
I3 Hundlq. The Great Thirst. 1992. page 217.
lJ \Vilbur and Ely. pages U-42.
66
(Ihaptcr IO Thr i-au, o.f the Colorndn Rir*vr 285
-.
of the Colorado River compact hereinafter mentioned, is hereby
authorized to construct, operate, and maintain a dam and inci-
dentaI works in the main stream of the Colorado River at Black
Canyon or Boulder Canyon adequate to create a storage reservoir
of a capacity of not less than twenty million acre feet of water and
a main canal and appurtenant structures located entirely within
the United States connecting the Laguna Dam. or other suitable
diversion dam. which the Secretary of the Interior is hereby autho-
rized to construct if deemed necessary or advisable by him upon
engineering or economic considerations, with the Imperial and
Coachella Valleys in California. . . . *j
Section 6 set forth the priorities of the purposes set forth in
Section l-
First, for river regulation. improvement of navigation. and flood
control; second, for irrigation and domestic uses and satisfaction
of present perfected rights in pursuance bf .%rticle VIII of said
Colorado River compact; and third, for power.16
The BCPA became eflecticqe with the ap- Pursuant to Section 4(a), the BCPA became effective only if all seven
proral of sir out of the seren Compact
states if California would limit its use to basin states approved the Colorado River compact. However, since
4.4 million acre-feet plus half the surplus; it seemed unlikely that Arizona would ratif? the compact, Section
California did so in 192’9. Only Arizona 4(a) also allowed the compact to become effective with the approval
refused to ratify the Compact. of the six states. if California enacted a statute limiting its use of
water to 4.4 million acre-feet of Article III(a) tvater and not more
than half of any excess or surplus waters not apportioned by the
compact.t7 Because Arizona would not ratify the compact. Cali-
fornia enacted the California Limitation Act to comply with Section
4(a)(2) of the BCPA-
[Tlhe State of California.. . agrees irrevocably and unconditionally
with the United States and for the benefit of the states of Arizona.
Colorado, Nevada, New Mexico, Utah, and \Vyoming as an express
covenant and in consideration of the passage of the said ‘Boulder
Canyon Project Act’ that the aggregate annual consumptive use
(diversions less returns to the river) of water of and from the
Colorado river for use in the State of California including all uses
under contracts made under the provisions of said ‘Boulder
Canyon Project Act’, and all water necessary for the supply of any
rights which may now exist, shall not exceed four million four
I5 \Vilbur and Ely. page A.213.
“I iVilbur and Ely. page A219.
” \Vilbur and Ely. pages A215-A216.
67
hundred thousand acre-feet of the waters apportioned to the
lower basin states by paragraph ‘a’ of article three of the said
Colorado river compact, plus not more than one-half of any
excess or surplus maters unapportionr>d by said compact. such
uses always to be subject to the terms of said compact. Act of
March 4. 1929: Ch. 16, 48th Sess.; Statutes and Amendments to
the Codes. 1929. pages 3S-39.t8
Section 5 of the .\ct gave the Secretary of the Interior the power
to contract for the storage and delivery of Colorado River water.
Section S subjected the construction, management, and operation of
the dam, reservoirs. canals. and other works to the provisions of the
compact. Section 131 b) made any water rights of the United States
subject to the provisions of the compact.‘9
The Seven Party Agreement
Neither the Boulder Canyon Project .4ct nor the Colorado River
compact allocated the Colorado River vvater to users within the
individual states. Therefore. the next step in utilizing California’s Colo-
rado River entitlement ivas to allocate the water among California
water users. By 192Y. plans were under consideration to use
6 million acre-feet of the Colorado River each year on 1.5 million acres.
The two primary competing interests were the Los Angeles and San
Diego areas versus the regions’ agricultural interests. On Februar!
21. 1930. the cities and agricultural interests entered into a prelimi-
nary agreement allocating 3.55 million acre-feet of lvater each year
to agriculture and 550.000 acre-feet of ivater to the hktropolitan
Water District of Southern California. This agreement accounted for
4.4 million acre-feet of ivater. The next 550.000 acre-feet of water
per year was allocated to the Metropolitan Water District, and all
water available in the river for California use above 4.95 million
acre-feet per year was allocated to agriculture. This preliminary
agreement did not allocate priorities internally within each group.
When the Secretary of the Interior attempted to negotiate a
contract for the AR-.tierican Canal with the Imperial Irrigation Dis-
trict. it became clear that a more precise intrastate allocation of water
was needed Although the agricultural allocation included the Imperial
Irrigation District. the Coachella Valley \Vater District. and the Palo
Verde Irrigation District. there was no method to apportion the
water among them. Furthermore, a dispute had arisen between the
Metropolitan Water District and the agricultural interests involving
1~ 1Vilbur and Ely. pages I\Y:~I -.X32.
I’) \Vilbur and Ely. pages .\Z 17. A220. X233.
68
The Seren Party .-lgreemmt allocated the
California share among California water
users.
Hoover Dam and Lake Mead
located ~n the Lower Easm
the priority of use of the 4.4 million acre-feet of water. In November
1930. the Secretary of the Interior requested that California make a
recommendation as to the allocation and priorities of parties to be
given water contracts.
Priorities and allocations under the Seren Consensus on priorities and allocation, the Seven Party
Party .-lgreement Agreement, was reached on .August 18, 1931.‘O .4rticle I of this
agreement apportioned the Colorado River water available to
California as follows-
; II 288 ~I.IFORNIA WATER
Section 1. A first priority to Palo Verde Irrigation District Tar
beneficial use exclusively upon lands in said district as it now
exists and upon lands between said district and the Colorado
River. aggregating (within and without said district) a gross area
of 104.500 acres, such waters as may be required by said lands.
Section 2. A second priority to Yuma project of the United States
Bureau of Reclamation for beneficial use upon not exceeding a
gross area of 25.000 acres of land located in said project in
California, such waters as may be required by said lands.
Section 3. A third prioric ~a) to Imperial Irrigation District and other
lands under or that will be served from the All-American Canal in
Imperial and Coachella \.alleys. and tb) to Palo Verde Irrigation
District for use exclusively on 16.000 acres in that area known as
the “Lower Palo Verde Jlesa,’ adjacent to Palo Verde Irrigation
District for beneficial consumptive use. 3.550.000 acre feet of water
per annum less the beneficial consumptive use under the priorities
designated in sections 1 and 2 above. The rights designated (a) and
(b) in this section are equal in priority. The total beneficial con-
sumptive use under priorities stated in sections 1, 2. and 3 of this
article shall not exceed 3.S50.000 acre feet of water per annum.
Section 4. .4 fourth priority to the Metropolitan Water District of
Southern California andor the City of Los Angeles, for beneficial
consumptive use, by themselves and/or others, on the coastal plain
of Southern California. 350.000 acre feet of water per annum.
Section 5. A fifth priori5 la) to the Metropolitan Water District of
Southern California and/or the City of Los Angeles, for beneficial
consumptive use. by themselves and/or others. on the coastal plain
of southern California. 550,000 acre feet of water per annum and
lb) to the City of San Diego and/or County of San Diego, for bene-
ficial consumptive use. 112,000 acre feet of water per annum. The
rights designated ta) and lb) in this section are equal in priority.
_‘I) Wilbur and Ely. pages 106-IN.
69
Section 6. A sL.th priority (al to Imperial Irrigation District and
other lands under or that will be served from the All-American
Canal in Imperial and Coachella Valleys, and (bl to Palo Verde
Irrigation District for use exclusively on 16.000 acres in that area
known as the ‘Lower Palo Verde Mesa.’ adjacent to Palo Verde
Irrigation District. for beneficial consumptive use, 300.000 acre
feet of water per annum. The rights designated (al and (bl in this
section are equal in priority.
Section i. A seventh priority of all remaining water available for
use lvithin California. for agricultural use in the Colorado River
Basin in California. as said basin is designated on map No. 23000
of the Department of the Interior. Bureau of Reclamation.”
These priorities. summarized in Table 10-l. remain in use
today. although agreements in 1946 and 1947 between MWD. the
United States. and the City of San Diego provided for the consolida-
tion of the WVD and San Diego water allocations as a result of the
decision to include San Diego in the XlWD. Ko contract kvas entered
into between the United States and the City of Los Angeles because
the contract between the Cnited States and XlVVD comprehends the
rights recognized jointly. but not cumulatively, in Los ;l\ngeles and
41\tD in the Seven Party Agreement.”
.Xrizona refused to ratify the Colorado River compact until
19-l-l because it feared that California would take all of the Colorado
River water. This long-simmering dispute between the two states
ultimately resulted in the 19G-l Supreme Court opinion given in
Arizona ~1. California (19631 373 U.S. S-+6.
Arizona v. California
The dispute between .+izona and California over the use of Colorado
River water extends at least as far back as the negotiations over the
Colorado Ri\,er compact. The completion of the compact did nothing
to diminish this animosity. In 1930, .4rizona sued the Secretary of the
Interior and the other six lower basin states to prevent the construc-
tion of Hoover Dam and the All-American Canal. to enjoin contracts
for delivery of stored water, and to have the Boulder Canyon Project
.4ct and the Colorado River compact declared uncons)itutional. The .ki:ona’s ejrort to have the BCPA and the
United States Supreme Court found that the compact and the Boulder Compact declared unconstitutional/ailed.
Canyon Project .4ct vvrre constitutional and that the Secretary could
construct Hoover Dam. .Ari=ona 17. California (19311 283 U.S. 423.
zi \\‘iIbur and Ely. pages .-\-tYO-.-NXl. ‘z lvilbur and Ely. pages 109-I 10.
70
(:hapIPr 10 Tffr I.ffW f)/‘IhP f:fJ/fJrfldlJ /?ir*pr ‘R’l
In 1934, Arizona filed another lawsuit to perpetuate the
testimony of the negotiators of the Colorado River compact for use in
a future action. The defendants were the other six states, several
California public agencies, and the Secretary of the Interior. The
United States Supreme Court denied Arizona’s claim. Arizona ~7.
Calijomia (1934) 292 U.S. 341.
In 1935. the United States sued Arizona to enjoin its interference
Ari:ona threatened militaryforce to block with the construction of Parker Dam. Arizona had threatened to use
the construction of Parker Dam. military force and had physically prevented continuance of the con-
struction. The court denied the injunction on the ground that the
United States could not show that the Secretary was authorized to
construct the dam. United States u. Arizona (19351 295 U.S. 174.
Later in 1935, Congress specifically authorized the construction of
Parker Dam. 49 Stat. 1039. In 1935, Arizona also Iiled suit against
California, Colorado, Nevada. New Mexico, Utah, and 1Vyoming for
Priority
1
2
3(b)
4
5(a)
664
Table 10-l
Seven Party Agreement Priorities
Description Acre Feet Annually
Pal0 Verde Irrigation District gross area of 104.500 acres Priorities 1. 2. and 3 shall not exceed 3.850.000
Yuma Project Reservation Division-not exceeding a I
gross area of 25,000 acres
Imperial Irrigation District and lands in Imperial and
Coachella Valleys to be served by All-American Canal
Palo Verde Irrigation District-on 16.000 acres of mesa lands
Metropolitan Water District and/or City of Los Angeles,
and/or others on the coastal plain
Metropolitan Water District. and/or City of Los Angeles,
and/or others on the coastal plain
City and/or county of San Diego
0 [al and 5(b) are equal in priority)
.
I
550,000
550.000
112,000
Imperial irrigation District and other lands in Imperial
and Coachella Valleys served from All-American Canal
Pal0 Verde Irrigation District-on 16,000 acres of mesa lands
[S(a) and 6(b) are equal in priority)
TOTAL
300.000
300,000
5.362.000
Nathanson. Updating the Hoover Dam Documents, page 30.
71
a judicial apportionment of the unappropriated water of the
Colorado River. The Supreme Court denied the petition on the basis
that the United States was required to be a party. Arizona 1’.
California (1936) 295 U.S. 535.‘3
In 1944. Arizona entered into a contract with the Bureau of
Reclamation for an investigation of the best means of utilizing
Colorado River water in Mzona. This investigation was the begin-
ning of the plan for the Central Mzona Project. In 19-W the Secre-
tary of the Interior sent the Bureau’s report to Congress. The report
concluded that the proposed Central Arizona Project could transport
ivatcr from the Colorado River to an area in Central Arizona.
Congress considered the Central Arizona Project for several years.
finally concluding in 1951 that it should be “postponed until such
time as use of the water in the Lovver Colorado River Basin is
either adjudicated or binding or mutual agreement as to the use
of the waters is reached by the States of the Lower Colorado River
Basin.“zJ Arizona had no intention of waiting any longer than
necessary for the water to be adjudicated.
On August 13. 1952. .tizona filed a motion in the United States In 1953. ..lrizona brought suit in the 1’.5.
Supreme Court to bring a lalvsuit against California and seven public Supreme Court against C’aliJornia and
agencies in California. The public agencies were the Palo \‘erde wren prcblir aprncias in the state.
Irrigation Distrirt. the Imperial Irrigation District. Coachella \‘alley
\Vater District. The Xletropolitan 1Vater District of Southern Califor-
nia. the City of Los Angeles. the City of San Diego. and the County of
San Diego. This motion vvas granted in January, 1953. Subsequently.
both the United States and Sevada intervened in the lawsuit. Trial
began in June 1956 and continued until August 1958. The matter 1va.s
submitted for consideration in July 1959. and in December 1960
the Special Master issued his report. The Supreme Court issued
its opinion on June 3. 1963. and issued a decree on March 9. 196-1.‘”
The central issue in the case concerned the amount of water The central ISSW conrerned the amount
each state could legally divert from the Colorado River. 373 US. of water that each state could dicertfrom
551. Arizona’claimed that the apportionment of Colorado River the Colorado Rirer.
waters in the BCPA included only the mainstream waters of the
River. California, seeking more water for itself and with its eye on
Arizona’s Gila River. contended that the apportionmdnt included all
tributary waters of the Colorado River. 373 U.S. 563.
23 Wilbur and Ely. pagers l-k-1;30.
24 I368 U.S. Code. Congrc*ssionaf and .4dministratir!e .\‘ru*s. volume 3. page
3678.
li N;lthanson. [‘pdating the Hooter Dam Documents. 1978. pages 127-125.
113.
72
(‘tl;!nr6ar IO 771~ /.nrr* r~T/h~~ (‘/J/fJrf7d/J flir*r*r ‘1’bl
The Special blaster concluded that the Colorado River compact.
the law of prior appropriation. and the doctrine of equitable appor-
tionment (the doctrine the Supreme Court uses to resolve interstate
vvater claims in the absence of a compact or statutory apportion-
ment) did not control in the case. 373 U.S. 562. The Supreme Court
agreed with this interpretation. and wrote that. although the doctrine
of equitable apportionment was generally applicable in interstate
water disputes. it did not control in this situation because Congress
had made a statutop apportionment. 3i3 U.S. 565. -
The Supreme Court held that in passing The court held that Congress, in enacting the Boulder Canyon
the BCP.4 Congress had enacted its own
apportionment o/the Lower Basin Ilhters. Project Act. had created its own comprehensive scheme for appor-
tioning the waters of the lower basin between California. Arizona. and
Nevada. 3i3 U.S. 565. The court held that Section 4(a) of the Act lim-
ited California to ‘water of and from the Colorado River.” not from the
“Colorado River system.” and that the legislative history demonstrated
that in the BCP.1 Congress only meant to refer to mainstream waters.
373 U.S. 568. The court’s determination that Congress had left tribu-
tary waters to the individual states was a blow to the hopes of
California. which had argued that the water apportioned by Congress
also included tributary waters. 3i3 U.S. 567.
Congress’ apportionment- The congressional apportionment divided the first 7.5 million
4.4 million acre-feet to California: 1.S mil-
lion acre-feet to .-kzzona: 300.000 acre-leer acre-feet of mainstream waters as follows: (1) 4.4 million acre-feet
to .lerada: and any surplus to be divided to California: t-7) 2.8 million acre-feet to Arizona: and (3) 300.000
equally between California and .-ki:ona. acre-feet to Sevada. Arizona and California would split equally any
surplus. Although the states could have agreed on a compact to in-
corporate these terms. by granting the Secretary of the Interior the
power to make contracts for the delivery of water and by preventing
any person from receiving water without a contract, Congress had
already accomplished this. 373 U.S. 565.
The court concluded that three factors indicated that Congress
intended to apportion the mainstream waters among Arizona, Cali-
fornia, and Nevada: (1) the legislative history of the BCPA: (2) the
provisions of the BCPA itself. which in Sections 4(a) and 8(b) set
forth several methods to accomplish the apportionment; and (3) the
fact that, if the states did not agree on an apportionment. the Sec-
retary had the power to carry out the provisions of the BCPA by
making contracts to apportion water among the states, and by
allocating water among the individual users within each state.
373 U.S. 578-5i9.
The court also faced a significant issue involving the contract-
making power of the Secretary of the Interior. Could the Secretary
contract with anv users he or she might choose, or was the Secretaq
73
.
bound by the provisions of state law? Sections 14 and 18 of the BCPA
provide as follows-
[Section 14.1 This Act shall be deemed a supplemrnt to the
reclamation law, ivhich said reclamation law shall govern the
construction, operation, and management of the works herein
authorized. except as otherlvise hrrein provided.
[Section 18.1 Nothing herein shall br construed as interfering \vith
such rights as the States now have tither to the kvaters ivithin their
borders or 10 adopt such policies and enact such laws as they ma!
deem nrcpssary lvith respect LO the appropriation, control. and
use of svaters bvithin their borders. except as modified by the
Colorado River compact or other interstate agreement.“’
The effect of Section 1-I is to incorporate into the BCP.4 the non-
conflicting provisions of the Reclamation Act of 1902. one of which
is Section 8 of that Act-
That nothing in this Act shall be construed as affecting or intended
to affect or to in any way interfere with the laws of any State or
Territory relating to the control. appropriation. use. or distribu-
rion of bvater used in irrigation, or any vested right acquired there-
under. and the Secretary of thr Interior. in carrying out the
provisions of this Act. shall proceed in conformity \vilh such
laws 43 C.S.C. s 383.
Although federal law clearly governs interstate apportionments
of water. it has been suggested that nothing in the statutory scheme
ivould prevent the application of state la\v once the BCP.4 \vater cn-
tered a state’s boundaries. 27 However. the court interpreted the
statutory scheme differently. It relied on Section 1 of the BCPA. which
authorized the Secretary to construct and operate the facilities of the
BCPA. as well as the language of Sections 5 and Y(b) of the BCP.4.
Section 5 grants the po\ver‘to contract to the Secretary-
That the Secretary of the Interior is hereby authorized. under such
general regulations as he may prescribe, to contract for the stor-
age of water in said reservoir and for the delivery thereof at such
points on the river and on said canal as may be agrked upon. for
irrigation and domestic uses, and generation of electrical energY
and delivery at the switchboard to States. municipal CorPorations.
political subdivisions. and private cOrpOratiOiIS ofekctrical enT?Y
Zh \Vilbur and Ely. pages A?21-A225.
27 Meyers. “Thv Colorado Kiwr. ” 1966. 19 Stanjbrd L.&c.. page 59.
74
Hayfield Pumpmg Plant along MWD’s
Colorado Rwer Aqueduct. east of lndlo
Chaptr>r IO The Lnw of the Colorado Rit*ar 203
generated at said dam, upon charges that will provide revenue
which, in addition to other revenue accruing under the reclama-
tion law and under this Act. will in his judgment cover all expenses
of operation and maintenance incurred by the United States on
account of works constructed under this .\ct and the payments
to the United States under subdivision (b) of section 4. Contracts
respecting water for irrigation and domestic uses shall be for per-
manent service and shall conform to paragraph (a) of section -1
of this Act. No person shall have or be entitled to have the use for
any purpose of the water stored as aforesaid except by contract
made as herein stated.‘Y
Section 8(b) allowed the lower basin states to negotiate a compact
allocating the waters of the river. However. if the compact was ap-
proved after January 1, 1929. it was to be subject to any contracts
entered into by the Secretary. 3i3 U.S. 580.
Subject lo certain limitations. the Supreme Based on these provisions. the court concluded that the Secretary
Court ruled that the Secretary had the
power to enter into delivery conwacts had the power to enter into contracts with whichever users he chose,
within a stale with uhicherer users he regardless of priority, so long as the Secretary followed the limitations
chose. on his power set out in the BCP.\: (1) allocating water in the order set
forth in Section 6 of the BCP.\: (2) making revenue provisions to en-
sure the recovery of the expenses of the project; (3) complying with
the provisions of the Colorado River compact; (4) not contracting so as
to interfere with the allocation between the upper and lower basins;
and (5) satisfying present perfected rights. 373 U.S. 584. The court
viewed the Secretary’s general authority to enter contracts as being
sufficient to override state law in the absence of a specific declaration
to the contrary in the BCP.4. 373 U.S. 580-581. The opinion did
discuss Section 8 of the Reclamation Act but concluded that the
Secretary was not bound by state law in disposing of water under
the BCPA. 373 U.S. 587. The opinion also upheld the reserved rights
doctrine articulated in Wnrers L’. Unifed States (19081 207 U.S. 564.
LVater was resewed to meet present and In regard to Native American water rights, the court held that
future needs of the Natire American the United States had reserved an amount of Colorado River water reserralions. for the Native American reservations sufficient to satisfy their pre-
sent and future needs. The amount of water reserved was enough to
irrigate all of the practicable in-igable acreage on the reservations.
These water rights became effective at the time of the reservation.
and since this predated the BCP.4. they were classified as ‘present
perfected rights.” 373 U.S. 600.
” \Silbur and Ely. page A217
75
.
The term ‘present perfected rights” was not defined until the
decree of the Supreme Court in Arizona u. California (1964) 376
u.s 340-
(G) ‘Perfected right’ means a water right acquired in accordance
with state law. which right has been exercised by the actual diver-
sion of a specific quantity of water that has been applied to a defined
area of land or to definite municipal or industrial works. and in
addition shall include water rights created by the reservation of
mainstream lvater for the use of federal establishments under fed-
eral law whether or not the water has been applied to beneficial use:
(HI ‘Present perfected rights’ means perfected rights, as here ‘Present perfected rights’ were delined
defined. e.xisting as ofJune 25.1929, the effective date of the Boulder as those existing as of June 15. 1929. the
Canyon Project Act. _ . ,376 U.S. 341. effect&e date of the BCP.4.
Article VI of the decree also provided for the determination of
present perfected rights-
LVithin two years from the date of this decree, the States of
Arizona. California. and Nevada shall furnish to this Court and to
the Secretary of the interior a list of the present perfected rights.
with their claimed priority dates, in waters of the mainstream
within each State. respectively, in terms of consumptive use, ex-
cept those relating to federal establishments. Any named party to
this proceeding may present its claim of present perfected rights
or its opposition to the claims of others. The Secretary of the
Interior shall supply similar information. within a similar period of
time, with respect to the claims of the United States to present
perfected rights within each State. If the parties and the Secretary
of the Interior are unable at that time to agree on the present
perfected rights to the use of mainstream water in each State,
and their priority dates. any party may apply to the Court for the
determination of such rights by the Court.Z9
The significance of present perfected rights is found in Article Present perfected rights haue a peorW if
11(B)(3) of the decree. In any year in which there is less than 7.5 there is less than 7.5 million acre-feet Of
mainstream water available for use in million acre-feet of mainstream water available for consumptive .Ari=ona. California. and-Newada.
use in Arizona, California. and Nevada, the Secretary of the Interior
first must satisfy present perfected rights in the ofder of their
priority dates.
.%s a result of the decree in Arizona u. California. the Bureau of
Reclamation, authorized to carry out the provisions Of Article VI of the
decree, required the parties to prepare a draft stipulation of Present
z9 Nathanson. page n-33.
76 Chapter 10 The Law of the Colorado Rirer 295
perfected rights. After years of meetings and
arguments on this issue, Arizona. Nevada,
and California in 19ii moved the Supreme
Court under Article 11 of the decree to deter-
mine present perfected rights. In 1979. the
Supreme Court issued a supplemental decree
determining present perfected rights. .-kizona
v. California 439 U.S. 419. In California, pres-
ent perfected rights were quantified for
federal establishments. water districts and
projects, and miscellaneous water users. The
federal establishments were the Chemehuevi.
MWD’s dIversIon facilities from Colorado River Yuma. Colorado River, and Fort Mojave Indian reservations. in
amounts ranging from 11.340 acre-feet to 51.616 acre-feet. The
amounts allocated to water districts and projects were as follows-
Some present perfected rights within
California
The Palo Verde irrigation District in annual quantities not to exceed
(iI 219.750 acre-feet of diversions from the mainstream or (ii1 the
quantity of mainstream water necessary to supply the consump-
tive use required for irrigation of 33.604 acres and for the satis-
faction of related uses. whichever of 0) or (ii) is less, with a priority
date of 1877.
The Imperial Irrigation District in annual quantities not to exceed
Ii) 2.600.000 acre-feet of diversions from the mainstream or (ii) the
quantity of mainstream water necessary to supply the consump-
tive use required for irrigation of 424,145 acres and for the satis-
faction of related uses, whichever of(i) or (ii) is less, with a priority
date of 1901.
The Reservation Division. Yuma Project, California (non-Indian
portion) in annual quantities not to exceed (i) 38,270 acre-feet of
diversions from the mainstream or (ii) the quantity of mainstream
water necessary to supply the consumptive use required for irri-
gation of 6,294 acres and for the satisfaction of related uses.
whichever of (i) or (ii) is less, with a priority date of July 8. 1905.
.-kizona v. Cali/omia (1979) 439 U.S. 419, 428-429.
Subsequent proceedings and legislation In December 1978. prior to the issuance of this decree. the a/fecting ,Vatiue American rights United States Bled an order for modification of the 1964 decree on
behalf of five Indian reservations. The court rejected the tribes’ re-
quest to increase their water rights to serve lands that initially had
been omitted from calculations because the United States did not
claim them. Arizona o. California (1983) 460 U.S. 605. The court
also refused to increase water rights for irrigable acreage in new
77
296 &nItYI \ \o \‘1‘1‘1(
lands determined to be in the reservation boundaries because these
boundaries had not been “finally determined” under the definition
of the I964 decree. The court did agree that the tribes’ lvater rights
should be increased in consideration of irrigable acreage in the
lands adjudicated to be within reservation boundaries because these
boundaries had been “finaIl!- determined” under the definition of
the 1964 decree. 460 U.S. 636.
Since this decree. there have been several Settlement Acts that
quantilicd Sative American claims. In 1988. Congress enacted the
Colorado Ute Settlement Xct. which quantified the water rights of
the Southern Ute Tribe and Cte Xlountain Ute Indian Tribe. 100 Stat.
585. In 1992. Congress enacted H.R. 522, the Jicarilla Apache Tribe
\Vater Rights Settlement Act. and also H.R. 429, which resolved
long-standing Lvater rights claims of the Northern Ute Tribe.
The Mexican Water Treaty
In 1944. the United States signed a treaty with Mexico concerning .\l~.rico has a right to 1.5 million acre-feet
the Colorado River. The treaty requires the United States to deliver of Colorado River water: salinity is the
I .5 million acre-feet of water per year to Mexico and up to 1.7 million main problem.
acre-feet of water in years when a surplus exists.
Pursuant to the terms ot’ the Colorado River compact. this treat)
obligation is to be met first out of surplus it’aters. If there is no sur-
plus. both the upper and lo\\.er basins must bear equal responsibility.
Colorado River compact, ..\rticle Ill(c1.
Salinity is a major problem in the delivery of water to Mesico.
although the Mexican kvater treaty did not specifically mention the
quality of water to be delivered at the Mexican border.“” Salinity con-
trol efforts by states and the federal government date back to the earl!
1960s. EDF L’. Code (19811 637 F.2d 275. 250. Salinity regulations
proposed by the EPA were the subject of the labvsuit in EDF U. Code
and are described in detail in that decision. Costfe. pages 280-281.
In 1972 and 1973. the United States entered into an additional
agreement with Mexico to deliver water to Mexico with a salinit!
not to exceed that of the water arriving at Imperial Dam by more
than 115 milligrams per liler. Construction of the Yumaidesalting
plant was one measure undertaken to deal with the salinity issue.
as was the enaction of the Colorado River Basin Salinity Control
Act of 1974.“’
:K) Nnthanson. pages 217-222.
:I ’ :\bbott. “(:aJifm-nia (:&s~do Hivrv Jssurs.” IOS. I9 Pacific L.J.. pages
l-&31-I-132.
78
CAP = Central Arizona Project
Water Rights of the Imperial Irrigation District
The Imperial Irrigation District has been involved in litigation on a
number of key water rights issues. The dispute involving the Imperial
Irrigation District and the State Water Resources Control Board over
waste and conservation is discussed briefly in chapters 3 and 8.
However, one case. Bryant D. Yeellen (1980) 447 U.S. 352, should be
mentioned here. The Bryant case involved the present perfected
rights of Imperial. and the issue was whether the use of’Colorado
River water delivered under contract with the Secretary of the
Interior was subject to the 160-acre limitation of reclamation Ial;. In
1933, the Secretary of the Interior stated that the 160-acre limitation
did not apply. Bryant. pages 193-19-L However. in 1964. the Depart-
ment of the Interior took the view that the limitation should apply to
all Imperial Valley lands in private ownership. This later position was
rejected by the court, which held that the 160-acre limitation did not
apply to Imperial Valley lands that were under irrigation in 1929.
Section 6 of the BCPA. which required the satisfaction of present
perfected rights, was held to override the acreage limitation. Thus,
Imperial’s present perfected rights could be satisfied without regard
to the 160-acre issue. Bryant. pages 364. 368. 370.
The Colorado River Today
The Central Arizona Pmject
In 1968, Congress authorized the Colorado River Basin Project Act.
43 U.S.C. 88 1501-1556. This authorization included the Central
Arizona Project (CAP), which Arizona had been seeking since prior to
initiating the Arizona u. California litigation. Section 301(b) of the Act
subordinates deliveries of CAP water to the deliveries of 4.4 milIion
acre-feet in California, as well as to users in Arizona and Nevada who
hold present perfected rights or had diversion works as of the date of
Legislation authorking the Central Ari- the Act. Of Arizona’s 2.8 million acre-foot entitlement. approximately
zona Project subordinates the delivery of 1.5 million acre-feet is available to the CAP.32 As it becomes more .4rizona’s 2.8 million acre-feet entitle-
ment to California’s 4.4 million acre-feet. evident that the long-term supply of the Colorado River has been over-
estimated, and with the increase in demands, Arizona has become
increasingly concerned about this subordination requirement. As the
affected states negotiate possible changes in the present allocation of
Colorado River water, Arizona seeks relief from this provision.
I2 Brophy. ‘The Effect of the Central Arizona Project on the Mocation of
Colorado River Water Supplies,” February 10-l 1. 1994. Proceedings of the 12th Annual ABA M’ater Conference. pages 4-6.
79
C l -
.
California has consistently taken more than its
4.4 million acre-foot entitlement by using the water
that the CAP has not been taking. From 1987 to 1992,
California’s use averaged nearly 5 million acre-feet.33
In 1993, California used appro.ximately 4.8 million
acre-feet. In the early 1990s. the CAP was nearing
completion and fears arose in California that Arizona
would soon begin taking its full share of the Colorado
River. On October 1. 1993. the Secretary of the
Interior declared the CAP substantially complete3-
However. CAP use remains considerably under its
full share of Colorado River water. In 198i-1992.
Arizona’s use averaged 2 million acre-feet. or 500.000 acre-feet less Central Arizona Project canal
than its entitlement.35 Xloreover. in 1992. it became clear that wending its way to Tucson
Arizona’s agricultural CAP subcontractors were in serious financial
distress.36 Currentlv it appears unlikely that the subcontractors will
be able to afford CAP water. and the future of Arizona’s use and its
Colorado River entitlement are uncertain. In the meantime, Nevada Ca[ifornia’s recent use has areraged
is grooving rapidly and seeking additional vvater. and Cahfornia seeks nearly 5 million acre-feet annually: Cali-
to maintain. if not increase. the share it has been using. fornia has been using water not taken by
.-lrizona.
Banking and Transfer of Entitlements
As this book is going to press, the Bureau of Reclamation has been I’SBR eflorts to insert some Jlexibility
seeking informal comments on certain draft regulations issued May 6, into the present allocation system on the
Colorado Ricer 1994. These regulations seek to inject some fle.xibility into the present
allocation system and to meet growing demands along the river. Both
intra- and interstate leasing are permitted. The water must have been
previously used and made available either through consemation or
land fallowing. Such water may also be “banked” in Lake Mead and
later sold or used to offset excess use. The regulations specifically
permit Indian resemations to sell water for use off the reservation.
although they acknowled,ae that the authority for such use is ques-
tionable. Indeed, some esperts also question the Secretary’s authority
to allow vvater banking and transfers generally without certain
changes in the Law of the River. The Bureau has asked the states to
meet to see if some resolution of the various issues can be worked out.
Quantification
The Bureau has also prepared a separate proposal to duantify the
rights of the agricultural users. Currently. these rights are fixed only
33 Smith and Vaughn, page 4.
:” Brophy. page 1.
x Smith and Vaughn. page 2.
:I6 Brophy. page 23.
80 Chapter 10 The Law of the Colorado Rioer 299
300 CALIFORNIA WATER
in terms of the amount of water reasonably required for certain
lands or acreages. As a result. total agricultural use has at times
exceeded the 3.85 MAF aggregate entitlement. Clearly. the issue of
such overruns and the program to bank and transfer water would
be facilitated if the agricultural rights of the individual districts were
quantified. However, the Bureau’s initial proposal received a hostile
reception from most users. and its future remains uncertain.3T
Endangered Species
The presence of endangered species on the Colorado River is another
factor that may influence water allocation and use. The federal gov---
ernment currently lists four species of f&h that inhabit the river as
endangered: the razorback sucker, the Colorado squawfish. the hump-
back chub, and the bony-tail chub. 58 Fed. Reg. 6578 (19931. Critical
habitat has also been designated for these species. It is not yet clear
how the management of the Colorado River for the protection of these
species will impact the availability of water for consumptive uses.
Other Issues
Salinity .is another problem that has not been rectified. The reverse-
osmosis Yarona Desalting Plant has been completed but is not in
operation. The cost of operating the plant is nearly double the
amount originally anticipated. and alternative methods of satinit!
control are under evaluation. Latent disputes on two issues behveen
the upper and lower basin states also esist. The parties disagree as
to the burden of meeting the Mexican Treaty water obligation. The!
also disagree on whether the upper basin must meet its Lee Ferr)
delivery obligations to the lower basin if doing so means that the
upper basin will not realize its 7.5 million acre-feet entitlement.
Finally. under surplus conditions. California is entitled to 50 percent
of the surplus. However. a surplus in the lower basin has never been
declared. and specific criteria for determining surplus have never
been adopted. The Bureau of Reclamation is currently working on
the development of such criteria.3s
In view of the changing needs for Colorado River vvater. it is
likely that some modification in the allocation of water uill occur,
achieved either by consensus or by the intervention of Congress or
the courts. However, given thehistory of the river and the enormous
interests at stake, one would not expect changes to occur easily orsoon.
3i Rieke, “Emerging issues on the Colorado River,” February 10-l 1. 1994.
Proceedings of the 12th Annual-A Water Conference (amended version), page 5. 38 Rieke, pages 2. 4.15.
81
: -- -.. -_____cc
“Id La,: -2-E A”.J;j O~o-s~J-~~d;
.
Per fmmdiatr arleaer
Contaot I t?arr( atfmr,r3wa
~sl8~543-467e
Jen. f, 2996
A l paclrl meeting 0 f the Calfforku Six Ag8r.q
CFmittrs, which includes California wrtor egenciar with w ecatracta for Cul.or8do Riwr water and power, Wag held Cm,
I aad 8 tc dimcurr l ach of th+ agency’@ ccntrrctual
intarmats fn thr Cclorrdo R~VNZ,
Thr meat ing , hmld In Orr~&rFc, began Ln cp~
rsrrion with comment8 fron, the puS~ic and wad followed by
alam@d-rtsrion dircusricnr among the rix l ger.cisa rsgardir,g
twlTls oz WatQZ @8Ufb8iM?S, ~J~LlillBB~bl@ CCnCrsCtQ With CthCYS,
qurntifico,tian of water availablr for transfer, pxasibility
of bath intrarate and intetstata tra;.?sfwr, and cthrr wuter
conrorvatfo~ and mrrhzing opcrtunitiso.
“Durfng the QJUKL saao:on some 23 irrurs ar,d
Challrngrr regarding future water WC by tkoee agencies were
lirted," maid Jsrry Simrwmm, r8crwtary at the committee,
IA l.ie fo l ,*arhd.)
These iurrueti wrm then included in d$scuoeiQne
rUgardQlg h~trw~ionn co agrncier’ nmptiakotz, No (Lee ian
wa8 cakwn bf t210 com:cc~e.
(More.. - . * )
-
82
_ _.. ,.-w-.. WI.
The Six Agonay Cmrmitter ir%\;luilea ~110 Vsrcle
Irrigation Pirrtxicr, mparirl Xrrigatlon District, Coachalla
VaL18y W&tar DistrLcr/ FZatropcliCm3 Water DLmtrict of
goutham California, Pan birgo County h‘rtor Authority, and
ba8 Anqalrs bopartmmt of Hatmr r;ld Power.
Zimmerman, wke arid pblic input is rncouzaged at
t.u lwmt LeDpa'. actd the ecmittss dimcurrad, b\;t did not
dt@dulm, a Zoilcw-Up ~~~f?ng oz Ju. 18 - Rather, the next -
l prcirl mrating of tkr comitt8r iS art for Jan, 25 &ml 26
?n C?nCrria.
YW
83
“-, ” -I# .b 2zo L’J. J; oLF-3G.~-4C3=
. 1
-
‘
.
a, 2. 3. 4.
s-
6.
7.
8.
9.
10.
11,
13. 13. 14.
1s.
17.
18.
19.
L~JLUK/-UJO RIVtK BD a
Agtarment an how/if cbntracturl prioritiro govern.
How/if intrmtate trmrfarm work. ww/it interatatr trrnsf axs work.
Can watar br banked !whrra, when, hw, whc, what ki.li5 cf
wrt8r) 3
what Ir prnniraibh undar the 'Law oF the Rives*? (Ox
what changra wcuSc3 be r.cc&dr)
Cm uataz be rhsrlmd inrarstrtt or intrretate? Mow,
whwa, who, what kind? 1
uarttng unmet nmde (Palo Verde :rrigrtion ~iotrfct, Imperial Irrigczon Dbtrict, Coachrl3a Valley Wate:
trimtrict, Metropolitan Water Di&mfict ef Southern californi+, Urn Diego County Water Authority, SRR i;?is Ray Rivrr Indfar. Water Autkarfty, foevflda, and Arircnr) . anruting uno ham, ” tPoe8 drfic~tio~/inplsmentstion ahang* QV@X tuta?)
Elhorcrge-ah&ring intrastate and interstate.
Liafng ci! the All American Canal. Wow or later, rcl4za oc pRrtie84)
Rfvor ux3 r8esmois ~aaagcmenc !cxpl~s, shortages,
umm*d qport~omurxto, river augmentarionl .
ovorrurl rccuuating l Selling unuaod 8griculturrl wa+.
SZqu$xmmmt that water bo put to reasonable, ktr.tZFclol
u&a *
Quantification of agricultur81 ~0st~at&m4~ l ntitls!lwlt8.
Indian l titlmwnts.
Colorado River Paafn a:atae’ o6ncsrnr/r~acrLone/usrs. ImpmAr dxtmrnal to Southern Califomia inclu3ir.g by-
d83tr and Wexiao. YYY
-
a4
Ryhts and the river . . .
iWWD wheeling and dealing with Hhte’s water
W ater is the lifeblood of
Southern California, and
that means laws, regula- tions and agreements on
water distribution must
be handled with care’. Unfortunately, the current managers
of the Metropolitan Water District of
Southern California, which is San Diego
County’s water wholesaler, are trifling
with the law of the river - a collection of legal decisions, contracts and other
policies that govern water apportion-
ment on the Colorado River.
MWD officials are holding unilateral
discussions with Nevada and Arizona officials with an eye toward changing
California’s water rights. And they’re
doing it without consulting other Cali- fornia water users.
Last Thursday, Tim Quinn, MWD’s
deputy general manager, went to Phoe-
nix to discuss water rights with Rita Pearson, director of the Arizona De-
partment of Water Resources. She said
they talked about changing the formula
whereby California has priority over
Arizona for Colorado River water in
times of shortage, including the possi- bility of putting Arizona on an equal
footing with California during droughts. That would be a profound change,
endangering San Diego’s water supply
and jeopardising an already inadequate right to Colorado River water.
So why is the MWD doing it? Its
general manager, John Wodraska, has his own plan for guaranteeing Southern
California’s water supply. However, no
other Colorado River water users, es-
pecially not the San Diego County Wa-
ter Authority, support his plan, which
he has dubbed Reliability Plus. Despite this lack of support, Wodraska is push-
ing ahead on his own. The main component of Reliability
Plus is storing more water for our re-
gion in Lake Mead, on the Nevada-Ari-
zona border. Support from those two states is needed for the plan. Wodraska
has tried to secure that support by
giving Nevada 30,000 acre-feet a year
of California’s Colorado River entitle- ment and negotiating with Arizona over
California’s water rights.
But other Colorado River water users in California don’t think Reliability Plus
is all that reliable. Besides San Diego
County’s opposition, it’s not supported by the three big agricultural irrigation
districts in Southern California that con- trol 3.85 million acre-feet of Colorado
River water a year, about eight times bigger than MWD’s entitlement. Wodraska has no business wheeling
and dealing with Southern California’s
water entitlement without support from
all our Colorado River water users. He has no authority to discuss changing the
law of the river with Arizona.
If the MWD wants water reliability
from the Colorado River, it needn’t look
outside the state. It should look toward the three Southern California agricul-
tural irrigation districts, which could
make additional supplies available by
using water more efficiently. Southern California cities could get more water
from them and not trade away the
state’s entitlement in the bargain.
That’s what San Diego County Water Authority is doing in negotiating with
Imperial Irrigation District to transfer
hundreds of thousands of acre-feet a
year from the Imperial Valley to San
Diego County. Some suggest Reliability Plus is a ploy to head off that deal.
Gov. Pete Wilson and the state De-
partment of Water Resources should take a more active role in this matter.
Wodraska’s moves have statewide im- pact on north-south water distribution
issues and water supply for Southern
California’s urban areas.
But at the same time, the U.S. Interi-
or Department should remain on the
sidelines. Wodraska implied in a recent
speech that Interior Secretary Bruce Babbitt supports Reliability Plus. While
that may be an overstatement, the feds
should understand this is an extremely delicate issue in California.
Currently, all six Southern California users of Colorado River water - the MWD, the San Diego County Water
Authority, the city of Los Angeles and
the three agricultural water districts - are meeting to hash out their differ-
ences. Until or unless they agree, Wod-
raska should back off his Reliability Plus
program, and especially his dealings with Nevada and Arizona. The MWD has no imperial authority over Califor-
nia’s Colorado River entitlement.
85
0 l 0 Erosion of authority
How LA. controls San Diego’s water decisions
T he Metropolitan Water Dis-
trict’s errant moves toward
trading away California’s wa-
ter rights to Arizona show
A that the staff is running the
MWD, not the board of directors.
It also shows why San Diego County
needs better representation on the
MWD board. MWD’s decisions affect us
more than any other member agency.
Right now, San Diego County has six members on the $l-member MWD
board; our weighted vote counts for
about 15.5 percent, which is gauged by
assessed value of property.
But the San Diego County Water Au-
thority provides about 28 percent of the
MWD’s revenues through water pur-
chases and other funds. San Diego
county is the MWD’s biggest customer.
Currently, a state audit is examining,
among other issues, whether assessed
.laluation is a good basis for determining
representation on the MWD board.
ZlearIy, it is not. It means that rapidIy
gowing areas like San Diego County
are footing the bill for already estab-
khed areas like the city of Los Angeles.
Assessed valuation gives Los Angeles
a bigger say than San Diego County.
Los Angeles has 10 members on the
board and a weighted vote of about 21
percent. But it produces much less rev--
enue for the district because it buys
much less water. Los Angeles has its
own aqueduct to Owens Valley.
The actions of the MWD staff, such as
promoting Re!iability Plus, have much
greater impact on San Diego County
than on Los Angeles, since we get near-
ly all of our water from the MWD.
Because of this, and the fact that we are
the MWD’s biggest customer, San Die-
go County deserves stronger represen-
tation on the district board.
Such a change will require legislation.
But legislators from around the state should see the inequities that exist on
the MWD board. And, after Iearning
that the MWD general manager is run- ning around trying to trade away the
state’s water rights, they should be
ready to change the board’s structure. . The MWD board needs to wrest con-
trol back from the staff. And that’s
exactly what will happen if San Diego
County receives the representation and
the power it deserves in the district.
86
, 4’ * JftN-25-96 THlJ 06:25 PM COP-PI g. CLclY - D-C. 202 3933255 P-02
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8 -.. fi1!25/96 THU 18:18 PAX Qou2 a JRN 23 ‘86 9: iY TO nc OFFICE PfJGE.002
GOWULNOR RTS WILSON
January %,I996
Mr. Jack Foley
Chairman, Board of Directors 33e Menopolltan Water District of South0111 CaUfornia
La8 Angeles, Califomia 900!54-0153
ever the past several months I have rweived many expressions of concern
abcrut activities of the Metropolitan Water District with respwt to Colorado River
matkra. 1 understand thal in mid-December you, ywur ftrllorv Board member E.
Thornton Ibbetson, you Gneral Manager Mr. Wodraska, and several other representatives of the District b&fed mcmbcrs of my staff on thcsc rrctkities. In particular, you explained both the transaction which Metropolitan hse proposed
with Southern lUevada and. your diamsaiom with Arizona with respect to sharing
of shottakes wfth that State. These proposed arrangements are all part of your
broader colwrvation, banking, and uperations program intended to lc~~p
Mctropolitan’e aqueduct full for the next 30 years.
My conc~m, and the concern of many who have spoken to me, ia lhat
Metropolitan appears to be usurping the authority of the State of Cabfomia in
&ulk\g IndeptmdentIy with Arizona and Nevada. III particular, Metropolitan is acting QS though it has the autflority to sell Culurodu R.&r water to Nttvadtl and tu
potmrtially give up California’s bt&utoy priority over the CcrUxal Wizona Project.
Ar ‘you know, however, under California law, the Colorado River Board, a State agency, has the authority to represent California in interstak matters.
I certainly appreciate that Metropolitan and the other California agencies
using Colorado River wakr have their own cuntracta with the federal gvvemment.
Further, I strongly support your objective of working out arrnnganents to provide
for more Celorado River Aqueduct water. However, to the extent thcsc ursngernents include k&m&ate negntiations. the Colorado River Board is the appropriate entity to represent State fnterests.
SrAfE ChpItQL . SA(tRIIUBNTO. cALri=ORNIA 95814 . (916’) 4454841
87
211”-*-1-Ye I nv c)e .A- t-l-l car.rA.. 5: CLcaY - D-C. 202 3933255 P-03 -* . i-“” ‘I” ,_ . ., . . . - . . I . _. . T _ . . . . . . r: -
_ 01/26/96 TIN 18:17 FAX
JR14 25 ‘38 3:20
.- .
Boo3 f TO DC OFFICE. PAGE.FitB.?
Mr, Jack Foley
;=ggy,gy,, 1996
I bclicve it is csscntial for the Cokmdo Riper agenciea in California and the
State itself to develop a unified State poeition bafore there arc hrrt-hcr interotatc -
negotiations. I know this win take addXma1 time but it is the only way to ensure
* ultimate succtm, f am pleased that you and the other CaIifornia agenda holding Colorado River corrtruc~ have bcw B process to resolve differemces among the
Colorado River contractora.
If Metropolitan or any of the other contractors continues to pursue its own
* interests without regard to the legitimate interests of all parties, including the State
of California, it will undoubtedly lead to protracted litigation which will not mx~e
the waler intrrvsls of individual contractors or the State. AlUs lhere i3 a unified California poeition, it WU be posssible to negotiate with Arizona, Nevada, the
Depastment of the Interior, and the Colorado Rivex Indian Tribco on a regional aelufion which r&olves the water supply issues in all three states.
Sincenly ,
/G!?A PETE WILSON
cc All Directurs All Members, Cdifemia State Senate All MexnberJ, Califumia State Arselhbly
** TOTQl PRGE. 003 **
88
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Unity for.water
MKD must cease unilateral negotiations
SC-:NION-TRIBUNE: sccwAcb=wGsER~
T he message from Gov. Pete
Wilson to the Los Angeles-
based Metropolitan Water District was unequivocal: Stop
trying to negotiate away’Ca.b-
fomia’s water rights.
The governor recently sent a letter to Jack Foley, chairman of the MWD’s board, saying he was concerned %at
Metropolitan appears to be usurping the authority of the state of California in
dealing independently with Arizona and
Nevada.”
His concern is very real. MWD Gen-
era1 Manager John Wodraska has been
pushing a plan to increase Southern
California’s water supply by storing
more water in Lake Mead. Xn order to
get Nevada and Arizona to agree to
such a plan, his minions have been hold- ing unilateral discussions with officials from the two states. His idea is to give
Nevada part of our state’s Colorado
River water allotment and to surrender California’s priority water rights to Ari-
zona in times of drought.
Perhaps the MWD has been the big cheese for so long that Wodraska as- sumes he has the power to do whatever
he wants. But he doesn’t. As the gover-
nor pointed out, only the Colorado Riv-
er Board, a state agency, has the power to represent California in talks with
other states about our Colorado River
water allotment. And so far, it has taken
no position on Wodraska’s plans. The governor also said in his letter
that all California agencies receiving
Colorado River water must develop a unified plan before there are any fur- ther negotiations with other states. That should put a stop’to Wodraska’s
wheeling and dealing.
It also sends a clear message that unity is imperative in water issues.
Right now in California, we’re enjoying
a truce in our decades-old water wars.
Farmers, cities and environmentalists are not attacking each other in court.
North and South aren’t at each other’s
throats. Quite the opposite. AU sides, plus the state and federal governments, are working together to fmd a solution to
the Sacramento-San Joaquin Delta so
that more water can flow to cities, farms and fisheries in the southern twc+
thirds of the state. Cities and agricultur-
al water districts are negotiating to
transfer water from farms to thirsty
urban areas. Among the most promising
efforts are talks between the San Diego
County Water Authority and the Impe-
rial Irrigation District about selling hun- dreds of thousands of acre-feet each
year to our region.
Gov. Wilson’s letter states that if the MWD pursues its own course without
agreement from other water districts
and the state, it will only lead to pro- tracted court battles. That would de- stroy this singular opportunity for Cah-
fomia to make real progress in
establishing a secure water supply for
cities, farms and the environment. Perhaps Wodraska, who came to Cali-
fornia about two years ago from Flori-
da, hasn’t yet grasped the delicate poli-
-tics of western water. If not, he may
need a crash course. And if he doesn’t
start working with people instead of against them, he’s going to get one from the governor and other Southern
CaIifomia water districts.
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