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And the Colorado River Compact 'ARROYO Vol. 10 No. i August 1997 Above arc members ofi/ze Colorado River (]o,nmision. Left to rig/u: Deipli C'arpcizíer, Colorado; WS. Noiviel, Arizona; Clarence Stetson, executive secretary ofthe commission; Herbert Hoover, U.S. Secretaîy of Commerce; James Scrugliam, Nevada; R.E. Caidwell, Utah; W.F. McClure, California; Stepheii B. Davis, Jr., New Mexico; and Frank C. Ein erson, Wyoming. Sharing Colorado River Watec History, Public Policy and the Colorado River Compact marks the 75th anniversary of work out the compact. lt was then sidered a defining document in the signing of the Colorado River signed in the Palace of the Gover- Colorado River management. Compact. Delegates from the seven nors, Santa Fe, on November 24. The As a measure of its importance Colorado River Basin states met on compact apportioned Colorado River and stature, the compact became the November 9, 1922 in New Mexico to water between Upper and Lower keystone to the "Law of the River." discuss, negotiate and ultimately Basin states and, as a result, is con- The Law of the River is a corn- WATER RESOURCES RESEARCH CENTER . COLLEGE OF AGRICULTURE THE UNIVERSITY OF ARIZONA posite - some might say an "assort- ways been a land of myth and legend, tributed the least amount of runoff to ment" to better describe its its symbolic importance at times over- the river added gall to the situation. piecemeal assemblage - of state and laying, and even eclipsing its physical (In her conference presentation, federal laws and regulations, court reality of land, water and people. And Pat Mulroy, general manager of the decisions, and international treaties the Colorado River shares this gran- Southern Nevada Water Authority, made over time for the purpose of deur and mystique. commented, "Things have changed, managing the Colorado River. Con- Some of this rubs off on Colorado but what remains the same is that cerned with one of the West's most River public policy studies. What California was the problem back important rivers, the compact clearly seems called for is a broader, deeper then, and California is the problem stands as a monument in U. S western and more varied approach to such today.") water law. studies. Viewed accordingly the Concern was hardly allayed by a As befits a monument, the signing Colorado River Compact is revealed federal report recommending the con- of the compact is a notable event as a complex historical, cultural and struction of a dam "at or near which western water interests remem- public policy document. Boulder Canyon" which would in- ber and celebrate. Accordingly, For those interested then in the crease California's access to the during May 28-31, 1997 a Colorado development of western water, Colorado River. Concern turned to River Compact Symposium was con- whether the hydrology, history or cur- alarm when the U.S. Supreme Court ducted at Bishops Lodge in Santa rent affairs, the Colorado River Com- ruled in June 1922 that the law of Fe - the site where compact delegates pact - and, more broadly, the manage- prior appropriation applied regard- met in 1922 to celebrate the 75th an- ment of the Colorado River - be- less of state lines. A fast growing niversary of the signing of the com- comes a rich vein to mine. More than state, i.e. California, could then estab- pact. The symposium topic was just a water topic, the compact grand- lish priority use of Colorado River "Using History to Understand Cur- ly represents a central theme of water to the extreme disadvantage of rent Water Problems." western water; i.e., the allocation of slower growing states in the upper Much of the following discussion scarce water resources among com- basin. relies on ideas and information com- peting interests to ensure present and Some form of concerted effort ing from the May 28-31 Santa Fe con- future growth and development. The seemed called for. Delph Carpenter, ference, from individual speakers, compact is this theme writ large. a Colorado attorney, rose to the oc- panel discussions and informal The conference theme also has im- casion and proposed that the remarks and comments. plications beyond the Colorado River. Its broad and interdisciplinary Arroyo is published quarterly by the view of water policy, an approach that Water Resources Research Center, The Compact: History & comes naturally to Colorado River College of Agriculture, 350 N. Public Policy studies, also is applicable in other Campbell Avenue, Umversity of situations of lesser scale; e.g., when he theme of the May 28-31 sym- Arizona, Tucson, Arizona 85721; 520- managing the San Pedro, Santa Cruz Tposium, "Using History to Under- 792-9591. Each issue of Arroyo or the Verde rivers. History also can stand Current Water Problems," focuses on a water topic of current m- be used to understand current water broadly interpreted the significance terest to Arizona A list of past issues along these rivers. of the compact. It invited participants Arroyo topics is available upon re to view the compact both as an histori- quest, and back issues can be ob- cal event and as public policy. Review- History of the Compact tained. Both list and past copies can ing the compact's creation and legacy be accessed via the World Wide Web in this way demonstrated that the the early 1920s the Colorado (http://ag.arizona.edu/AZWATER/). boundary between history and public ByBasin states were anxious about Subscriptions are free, and multiple policy is not always clearly defined. their share of the Colorado River. copies are available for educational Occurring at a certain time and Then, as now, California's growth was purposes. The editor invites corn- place, all laws and public policies viewed with concern. Burgeoning ments and suggestions. have an historical and cultural sig- growth meant increased water nificance. This significance gets more demand, and the other Colorado Water Resources Research Center attention, however, when the Basin states feared California would Acting Director, Peter Wierenga Colorado River is involved, the establish priority rights to Colorado Editor, Joe Gelt, "River of the West." The West has al- River water. That California con- Email: [email protected] 2 Colorado River states negotiate a Lower Basin states, with the demarca- past and present Colorado River is- compact to determine individual tion line set at Lee's Ferry, located in sues and will be an abiding concern in state's rights to the river water. At the northern Arizona's canyon country the future. time interstate compacts to resolve close to the Utah border. Wyoming, When further examining the his- water disputes was an untried, un- Colorado, Utah and New Mexico tory of the compact and especially tested strategy. were designated Upper Basin states Arizona's role in it, water scarcity is Carpenter's reasons for advocating and California, Arizona and Nevada seen as a driving force behind many an interstate compact strikes a Lower Basin states. Each basin was to developments. An historical review familiar note today. Fie was very receive 7.5 million acre-feet (mai) per also shows how subsequent events af- warysome even say paranoid- year. Along with their allocations, the fected the compact in ways that vio- about federal involvement in state af- Lower Basin states could increase lated the political ideals of its fairs and feared if the states did not their apportionment by one maf. This framers. Arizona, in seeking to get their houses in order the federal represented a bonus to ensure lower protect its Colorado River interests, government would take charge, to the basin acceptance of the compact was a key player in some of these un- disadvantage of the states. Also, he (Actually the Upper Basin states dermining events. wanted to head off litigation that were obliged to deliver 75 maf at would be time-and-resource consum- Lee's Ferry during each ten-year ing and believed an interstate com- period. The extended time frame al- Arizona Stands Firm pact would accomplish this end. lowed the required delivery to be reviewing the give and take of The compact's crowning ac- averaged over time to make up for compact negotiators, one figure years of low flow.) complishment was the apportionment stands out as especially obstretuous of Colorado River water, between The delegates figured allocations and contrary, W. S. Norviel of Upper and Lower Basin states. The on hydrologic data from the Reclama- Arizona. His insistence that the delegates initially intended to appor- tion Bureau that indicated annual Lower Basin states receive all the tion river water directly to each state. Colorado River flow at Lees Ferry to water of their tributaries, plus half the A seemingly sensible approach, this river's flow at Lee's Ferry, almost strategy had the potential to prevent wrecked the negotiations. The extra future conflicts among the states. The one maf that was allowed to the basis to determine each state's share Lower Basin states was to placate was to be the amount of irrigable land Norviel, in a battle over whether within a state. Determining such tributary flow would be counted as acreage, however, proved to be a very part of a state's Colorado River al- contentious issue, one that threatened location. to undermine compact negotiations. (Although Norviel's feistiness com- San ildefonso pottery design Further, as the discussions plicated and prolonged the proceed- progressed it became clear to many of ings, he was viewed as an effective the delegates that the major disagree- be 16.4 maf. In truth, however, fighter for his state's cause. Herbert ments on the table were between the Hoover, the federal chairman of the upper and lower basins, not among Colorado River flow is a good deal less than that.
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