Presenter: Lawrence J. MacDonnell, University of Wyoming College of Law
7 slide

MacDonnell, Lawrence J.

English

Colorado Law

University of Colorado Law School Colorado Law Scholarly Commons Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) 2011 6-10-2011 SLIDES: Thinking the Unthinkable Lawrence J. MacDonnell Follow this and additional works at: https://scholar.law.colorado.edu/navigating-the-future-of-the-colorado-river  Part of the Administrative Law Commons, Agriculture Law Commons, Climate Commons, Comparative and Foreign Law Commons, Contracts Commons, Dispute Resolution and Arbitration Commons, Environmental Law Commons, Environmental Policy Commons, Hydrology Commons, Indian and Aboriginal Law Commons, International Law Commons, Natural Resource Economics Commons, Natural Resources and Conservation Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, Peace and Conflict Studies Commons, President/Executive Department Commons, Public Policy Commons, Risk Analysis Commons, State and Local Government Law Commons, Transnational Law Commons, Urban Studies and Planning Commons, Water Law Commons, and the Water Resource Management Commons Citation Information MacDonnell, Lawrence J., "SLIDES: Thinking the Unthinkable" (2011). Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10). https://scholar.law.colorado.edu/navigating-the-future-of-the-colorado-river/7 Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School. Thinking the Unthinkable Lawrence J. MacDonnell University of Wyoming College of Law Navigating the Future of the Colorado River Basin June 10, 2011 Assumptions • The basin’s reliable water supply is already fully used • Every basin state, as well as Mexico, would like to use more water; there are concrete plans for increased consumptive uses • Global warming means less reliable (and likely reduced) water supplies • Litigation between the basins highly likely Navigating the Future of the Colorado River Basin June 10, 2011 Possible Elements for Negotiation 1. No new net depletions of basin water 2. Lee Ferry flow obligation relaxed 3. Consumptive uses in Lower Basin and Mexico no more than 9 maf in normal year 4. Program to voluntarily reduce some existing consumptive uses 5. States commit to facilitate voluntary reallocation of basin water within state Navigating the Future of the Colorado River Basin June 10, 2011 No net depletion • No new water uses that would increase the depletion of basin water • At least, expressly condition new uses with presumption of curtailment as necessary • Imposes almost entirely on Upper Basin so would need be accompanied by significant offsets June 10, 2011 Navigating the Future of the Colorado River Basin Lee Ferry flow • The 10 year/ 75 maf Compact flow obligation plus 750 K/yr for Mexico should be relaxed • Instead, commitment to manage basin water supply as necessary to ensure availability of enough water to enable consumptive uses of 9 maf of mainstream water in LB states and Mexico in normal year June 10, 2011 Navigating the Future of the Colorado River Basin LB Consumptive Uses • Compact allocates 7.5 maf of consumptive use of system water to Lower Basin; consider the additional 1.0 maf as the Gila  • Lower Division states agree to bring all depletions (outside the Gila) down to 7.5 maf/yr  • Forego any expectations of surplus conditions  • Redirect hydroelectric power revenues towards retirement of consumptive uses       June 10, 2011 Navigating the Future of the Colorado River Basin Facilitate Reallocation • Essential that basin water potentially be available to meet new needs  • States need to commit to establish necessary mechanisms (such as water banks) to enable such transactions June 10, 2011 Navigating the Future of the Colorado River Basin 

SLIDES: Thinking the Unthinkable

https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1006&context=navigating-the-future-of-the-colorado-river

SLIDES: Thinking the Unthinkable

Abstract

Similar works

Full text

Available Versions

Colorado Law