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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
Colorado river drought contingency plan
Purpose
An emergency measure that authorizes the Director of the Arizona Department of Water Resources (ADWR), on behalf of the state, if certain conditions are met, to forbear Arizona's rights and claims to Colorado River water by entering into interstate agreements for the Drought Contingency Plan.
Background
Colorado River Water Rights
Arizona ratified the Colorado River Compact, an agreement between the United States, Mexico and the seven Colorado River Basin States in 1944, "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 beneficial 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." (Colorado River Compact, 1944). The Lower Basin, composed of Arizona, Nevada and California, and the Upper Basin, composed of Wyoming, Utah, Colorado and New Mexico, receive entitlement to 7.5 million acre-feet.
The Boulder Canyon Project Act entitles the Lower Basin consumptive water use of 300,000 acre-feet to Nevada, 2.8 million acre-feet to Arizona and 4.4 million acre-feet to California (Boulder Canyon Project Act, 1928). The Arizona v. California decree outlines distribution of water under circumstances of sufficient and insufficient availability for release and entitles California to senior priority rights over Arizona and Nevada (Arizona v. California, 376 U.S. 340).
In 2005, the U.S. Secretary of the Interior initiated a process to develop guidelines for steps taken if the water levels of the Colorado River reservoirs, Lake Mead and Lake Powell, continued to decline. In 2007, the Lower Basin states and Mexico agreed to the Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lake Powell and Lake Mead (2007 Interim Guidelines), which developed strategies to deal with historic drought conditions resulting in water shortage in the Colorado River system. Under the 2007 Interim Guidelines, the water users receive decreased water deliveries depending on water supply shortage, which is determined by the water level of Lake Mead.
Drought Contingency Plan
In response to continued drought conditions, the U.S. Bureau of Reclamation initiated a process in December 2017 for the Colorado River Basin States to develop a draft set of agreements, the Drought Contingency Plans (DCPs), as a supplement to the 2007 Interim Guidelines, to reduce the risk of reservoir conditions declining to critical elevations. The Lower Basin DCP is a draft agreement between Arizona, California and Nevada that requires additional water contributions to Lake Mead, contingent on determined lake elevations, and to incentivize additional water conservation. The Upper Basin DCP is a draft agreement between Colorado, New Mexico, Utah and Wyoming designed to protect critical elevations in Lake Powell and to create a process for storing additional water in the Upper Basin. A Companion Agreement, the draft Agreement Concerning Colorado River Drought Contingency Management and Operations, will be endorsed by all seven basin states to implement both DCP agreements in conjunction.
The Arizona DCP Steering Committee (Steering Committee) consisting of delegates invited by the Director of ADWR and the Central Arizona Water Conservation District met to discuss implementation of the Lower Basin DCP and the effect on Arizona water users. Delegates to the Steering Committee represent municipalities, agriculture, home builders and developers, tribes, industry, nongovernmental organizations, the Legislature, the Governor's Office, and others. The Steering Committee discussed mitigation strategies to account for decreased water delivery to certain users, excess water, intentionally created surplus (ICS) and conservation plans.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Authorizes Arizona, through the Director of ADWR, to forbear its rights and claims to Colorado River water by entering into agreements for the draft Agreement Concerning Colorado River Drought Contingency Management and Operations and the draft Lower Basin DCP if the Director of ADWR finds both:
a) federal legislation directs the U.S. Secretary of the Interior to execute and implement the draft Agreement Concerning Colorado River Drought Contingency Management and Operations and the Lower Basin DCP; and
b) all other parties have authorized the execution of the agreements.
2. Authorizes Arizona, through the Director of ADWR, to enter into the agreement for the draft DCP Contributions and ICS Accumulation Limits Sharing Agreement.
3. Specifies that the Director of ADWR's authority does not extend to any future agreements for the sharing of DCP contributions.
4. Requires the Director of ADWR to promptly notify the President of the Senate, the Speaker of the House of Representatives and the Governor and provide a written report to the Senate Committee on Water & Agriculture and the House Committee on Natural Resources, Energy & Water for any agreement entered into concerning the DCP.
5. Retracts the Director of ADWR's authority to enter into agreements on August 31, 2019.
6. Resolves that the action is being taken in response to unique and extraordinary circumstances.
7. Becomes effective on signature of the Governor, if the emergency clause is enacted.
Prepared by Senate Research
January 28, 2019
KN/gs