REFERENCE TITLE: surplus water forbearance agreements

State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012

HJR 2002

Introduced by Representatives Jones: Crandell, Pratt

 

A JOINT RESOLUTION

 

approving forbearance by the state of arizona, acting through the director of water resources for certain INTENTIONALLY created SURPLUS on the Colorado river arising out of cooperative projects in mexico.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Whereas, the State of Arizona maintains a sovereign interest in the water of the Colorado river, represented by the contract between the United States of America and the State of Arizona that was executed February 24, 1944 and ratified by the Legislature in Laws 1944, chapter 4; and

Whereas, the State of Arizona's rights in the Colorado river were further confirmed by the decree of the United States Supreme Court in the matter of Arizona v. California, including the right to divert 2.8 million acre-feet of Colorado river water for consumptive use in the State of Arizona in normal years, plus forty-six per cent of any surplus water made available by the secretary of the interior under the terms of the decree; and

Whereas, diversion of the intentionally created surplus must be consistent with the decree in Arizona v. California, necessitating a forbearance of rights to intentionally created surplus water among lower division states; and

Whereas, the State of Arizona recognizes that benefits to the Colorado river mainstream accrue to Arizona water users from the supplementing of river supplies through intentionally created surplus, and no Arizona water user will be adversely affected by Arizona's forbearance of a portion of the intentionally created surplus added to the Colorado river mainstream; and

Whereas, the director of water resources and representatives of California, Nevada, Colorado, New Mexico, Utah and Wyoming, the other six Colorado river basin states have been participating in negotiations between the United States and Mexico regarding Colorado river operations.  The negotiations have focused on forming potential binational projects that will conserve or augment Colorado river water supplies for both countries and reaching a voluntary agreement to reduce deliveries of water to Mexico during lower basin shortages; and

Whereas, Arizona water users primarily seek certainty regarding how Colorado river storage reservoirs will be operated during future shortages. Arizona water users need information to plan for and mitigate the impacts of future shortages of a known volume.  While all seven basin states, the Colorado river water users and the United States government are also seeking such an agreement, the State of Arizona has made this a primary focus due to its own vulnerability during water shortages.  Reductions in deliveries of water to Mexico could reduce the probability of shortage for Arizona in subsequent years, as well as the severity of subsequent shortages; and

Whereas, Mexico's Colorado river supplies are fully allocated and Mexico has limited tools, such as storage, to manage future shortages.  Mexico is also a promising future partner for potential water augmentation projects, including ocean water desalination.  Any voluntary agreement with Mexico regarding future shortages should also include tools that allow Mexico to manage shortages, as well as provide for future binational augmentation opportunities; and

Whereas, intentionally conserved Mexican allocation has been a consistent part of water negotiations with Mexico.  Development of an intentionally conserved Mexican allocation program would allow Mexico to conserve water or use augmented water developed through binational projects, instead of using its Colorado river supply, while saving that supply in reservoirs in this country for delivery and use in future years, similar to the current program in the lower basin of the Colorado river.  Lower basin contractors that fund projects in Mexico may be able to convert part of the conserved water savings to intentionally created surplus for their own use in the United States.  If Mexico were to create intentionally conserved Mexican allocation and save it in reservoirs in this country, particularly in Lake Mead, that water would increase the elevation of Lake Mead, thus reducing the probability and severity of lower basin shortages; and

Whereas, in order for lower basin contractors to take delivery of intentionally created surplus water, Arizona must forbear its right to use a portion of that water; and

Whereas, the effectiveness of such forbearance agreements is dependent on approval by the Arizona Legislature by concurrent resolution under section 45-106, Arizona Revised Statutes; and

Whereas, the State of Arizona must act both through the Arizona Legislature and the Governor by this joint resolution to forbear the exercise of a right accruing to the benefit of the state under the 1944 Colorado river water contract and the decree in Arizona v. California; and

Whereas, it is in the best interest of the State of Arizona to authorize the director of the department of water resources to forbear its rights to use a portion of intentionally created surplus water arising out of projects in Mexico that further protect Arizona's interests in the water of the Colorado river in surplus, normal and shortage years.

Therefore

Be it resolved by the Legislature of the State of Arizona:

1.  That, notwithstanding any other provisions of law, the State of Arizona, by and through the director of the department of water resources, may forbear its rights to the use of certain quantities of intentionally created surplus from the Colorado river that would otherwise be available for use within the State of Arizona under the 1944 Colorado river water contract and the decree in Arizona v. California.

2.  That if the director of the department of water resources finds that Arizona water users will not be adversely affected by the forbearance by Arizona of its right to intentionally created surplus, the director of the department of water resources, on behalf of the State of Arizona, is authorized to enter into agreements to forbear intentionally created surplus arising out of projects in Mexico, in order to reach and implement a binational agreement to benefit both countries and particularly to benefit the state of Arizona and the other Colorado river basin states.

3.  That this action is being taken in response to unique and extraordinary circumstances.