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  Legislation & Law

Arizona Seeks to Change CAP’s Junior Colorado River Allocation

With drought continuing and water supplies tightening, Arizona is considering options to ensure adequate water resources. One option being considered is getting its Central Arizona Project allocation upgraded from its present junior priority status to a category to ensure a more equitable allocation of Colorado River water during times of water shortages.

In effect, Arizona’s junior status means if a shortage is declared on the Lower Colorado River the state would be at a disadvantage compared to other lower basin states. CAP could possibly have its entire 1.5 million acre-feet allocation cut before California loses a drop.

Above is a 1926 cartoon from the Los Angeles Examiner promoting the building of Boulder Dam with its power generating capacity. Drought now threatens the dam’s generating potential.

This has been a longstanding issue that drought has brought to the foreground. Obtaining Congressional approval for CAP in 1968 resulted in Arizona having to accept limitations to its Colorado River entitlement. California had exerted it political muscle. No limitation; no CAP. The result: Arizona ended up with a junior priority status. Should shortages occur on the Lower Colorado River — and shortages may be on the horizon — CAP is stuck with the lowest priority.

What Arizona wants is a more equitable system for sharing shortages, with the other lower basins also bearing some of the effects. Yet the state would seem to be at a distinct disadvantage in negotiating its cause. It is actually to California’s advantage for Arizona to lose its full 1.5 CAP allocation before California suffers any cutback. Nor would it seem at first that Nevada’s self-interest is necessarily served by supporting Arizona’s position.

These, however, are unusual times. Drought stalks the land, and states are taking action to cope with water shortages and their effects. Does the current state of affairs provide Arizona any leverage to press its case?
One situation that may work in Arizona’s favor is management of its water bank. The state is now banking part of its CAP allocation by taking water from the river and pumping it underground for future use. If instead of banking the water, Arizona left it in the river the supply would help maintain reservoir levels that are dropping due to drought.

California and especially Nevada would prefer that the reservoir levels not drop too drastically. Las Vegas pumps water directly from Lake Mead, and dropping reservoir levels threaten the city’s water supply. One concern is that the reservoir level will drop below the level of the city’s intake, at about 1050 feet.
Dropping reservoir levels also threaten power supplies. A depleted reservoir, with little or no water to release, lacks generating capacity. Water Arizona is now banking could, if left in the reservoir, be used to turn turbines and generate power for Nevada and California.

California and Nevada prefer that Arizona top water bank. In effect, this means Arizona, instead of banking its water underground, would leave it in the river to be withdrawn at a later date. What, if any concessions Arizona can gain negotiating its water bank operations remains to be seen. Perhaps other possibilities are more likely to work to Arizona’s advantage and result in the state having its junior status reduced or removed. One such possibility has to do with the political implications of enforcing the state’s junior status.
Although the legal authority exists for cutting off Arizona’s CAP allocation in the event of shortage, this is an action the Secretary of the Interior would not likely want to take. To penalize so significantly a single state would be a very difficult political decision to uphold. It would be a decision fraught with political complexities.

Consider also the internal politics of the state. It is CAP that has junior rights, not necessarily other Arizona water users along the Colorado River. The state’s actual Colorado River allocation is 2.8 maf, with Colorado River communities getting 1.3 maf and CAP 1.5 maf. A declared shortage will result in CAP taking a hit, not necessarily the water users along the river. Tucson and Phoenix area citizens might be forced to give up water supplies so that Yuma and Wellton-Mohawk could get their full allocation. This situation would not sit well with many state leaders.

Another development that might work in Arizona’s favor is the spirit of concern now shared by the lower basin states. A present priority among the states is to agree on plans to share water shortages lest the federal government steps in and makes decisions for the states. Possibly this we-are-all-in-this-together attitude will result in an opportunity for Arizona’s junior status to be reconsidered.

Larry Dozier, CAP deputy general manager believes that if this were to occur all lower basin states would benefit since smoother and more productive negotiations would then result. He says, “If we are all at a level playing field, better resource management decisions could be made.”

Dozier, however, realizes that changing Arizona’s junior status is a difficult task. He says, “We’re going to have to wait for the moon and stars to get into the right alignment as well as the congressional delegation. ... This is a really sensitive issue in need of a tremendous breakthrough ... or a coup in Congress.”

The recent Arizona Town Hall also addressed the issue. One of its recommendation is that the state continue its efforts to upgrade its CAP’s junior level for Colorado River water.


 
 

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