Colorado River compact is a gold-mine for lawyers

…When water divisions are made from bogus premise and never corrected shortages should be expected…

…The Colorado River was from the get-go over allocated … there was never sufficient water in the system to justify the water allocations…

…Therefore the Colorado River compact is a gold-mine for lawyers…

While some problems on the Colorado River are the result of drought and climate change, Congress set the course for serious trouble in the watershed decades ago by authorizing the Central Arizona Project.

WITH THE POTENTIAL of a Colorado River shortage declaration looming as Lake Mead drops, Arizona is struggling with the politics of who will have to cut their water use, and by how much. As Arizona wrestles, it is important to remember how we got here.

It’s easy to blame today’s problems – an overallocated river and declining reservoir levels – on drought and climate change, and both of these do play a role. But our predecessors knew 50 years ago this was inevitable. In 1968, as Congress debated authorization of the Central Arizona Project (CAP), it was clear there was not enough water to supply the 336-mile-long canal, which diverts Colorado River water. But the federal government, with Arizona’s enthusiastic support and the concurrence of the other six U.S. states in the Colorado River basin, charged ahead.

The objective of the half-century of river development that had gone before had not changed in 1968 – massive dams and canals would supply water to farms and cities, backed by the financial might of the federal government. But the fictions on which the preceding half-century’s water development had been based – enough water for all, and a surplus at that – could no longer be supported by the real-world hydrology of the Colorado River.

Today the Central Arizona Project, pumping 1.5 million acre-feet per year to the farms, tribes and cities of the Phoenix and Tucson valleys, is essential to Arizona’s water supply future. But the record left by the project’s congressional debates a half-century ago is clear. Even before we had an inkling of the implications of climate change, the basin’s leadership understood the CAP’s long-term water supply would be far less than 1.5 million acre-feet. Experts in the 1960s agreed that by 2030 the CAP’s reliable water supply, as the project with the most junior priority on the lower river, would be less than 900,000 acre-feet per year and that in many years its actual diversions would be zero.

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