Minute 319: Historical precedent of water management
Water Resources
Alejandro Ruiz
Table of Contents
Introduction 1
I. The Colorado River and the Delta 4
1. The Colorado River Basin 4
2. Delta: Formal Recognition 5
II. Minute 319 6
1. Road to the 319 Minute 6
2. Minute 319 Lay Out 10
3. Importance of NGOs 15
III. Minute 319 Perception 17
1. Benefits of Minute 319 17
2. Negative Opinions about Minute 319 20
3. 319 World Wide Recognition 21
Conclusion 22
Abstract
Minute 319 is an amendment to the 1944 treaty between the United States and Mexico that regulates the Colorado River. The amendment was made possible thanks to the efforts of non-governmental organizations (NGOs). Minute 319 was implemented as a humanitarian
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In 1935 the Hoover Dam was completed forming Lake Mead, providing flood control, reservoir storage, power generation and regulates the downstream flow to the Lower Basin States. [footnoteRef:20] In 1963, the Glen Canyon Dam was completed forming Lake Powell, providing the Upper Basin States with enough reserve capacity to allow them to meet their annual obligation of 7.5 Million Acre Feet (MAF) to the Lower Basin States, allowing the Lower Basin States to use the allocation.[footnoteRef:21] As a consequence of the construction of the Hoover Dam and the Glen Canyon Dam, the Colorado?s flow often evaporated in Mexican sands close to the Delta.[footnoteRef:22] Around the 1970s, the Cienega de Santa Clara had shrunken by 500 acres. Nevertheless, due to the following wet decades, the Cienega was resuscitated to about 10% of its original acreage in the 80?s and 90?s.[footnoteRef:23] Currently, the Cienega is a 40,000 acre wetland that exists due to the return flows from the Mohawk Irrigation and Drainage District near Yuma, Arizona.[footnoteRef:24] This Cienega is the home of less than 100 members of the Cucapa tribe and is the habitat of several endangered fish and birds, including Desert Pupfish and Yuma Clapper Rail.[footnoteRef:25] [19: D.F. …show more content…
California, Arizona, and Nevada could not agree on the terms of their respective shares concerning allocation of the Lower Basin.[footnoteRef:37] As a consequence, Congress enacted the 1928 Boulder Canyon Project Act, which outlined the amount of water that each of the states could actually use.[footnoteRef:38] In Arizona v. California, the Supreme Court confirmed the respective share apportionment established in the 1928 Boulder Canyon Project Act between the three Lower Basin States after California?s and Arizona?s disagreement on the allocation of the Lower Basin?s share of the water.[footnoteRef:39] [37: A. Dan Tarlock, supra note 1.] [38: Boulder Canyon Project Act, Pub. L. No. 642m 45 Stat. 1057 (1928), available at https://www.usbr.gov/lc/region/pao/pdfiles/bcpact.pdf] [39: Arizona v. California, 373 US 546 (1963), decree entered 376 US 340 (1964).]
The Upper Basin States agreed in 1948 to a second interstate compact establishing their respective shares of water.[footnoteRef:40] These compacts paved the legal basis for the construction of a number of large reservoirs (i.e. Lake Mead) on the Colorado River by the United States Bureau of Reclamation. [40: Upper Colorado River Compact, Pub. L. No. 81-37, 63 Stat. 31 (1949), available at
Conflict can also occur within a country, for example the states situated within the Colorado river basin have been constantly squabbling over who owns the water supply and who should be allocated the most water. In the 1920s the ‘Law of the River’ established the division of water amongst the upper basin states, it also defined their responsibility to supply water to the lower basin states. This division had been based on an estimated annual flow of 21 billion m3/yr in 1920, however this was a time of above normal flows, recent studies have indicated that long term average flows are around 18 billion m3/yr. The deficit between the flow and the allocation has become more apparent as the population in the clorado basin states continues to rise. As a result of this deficit tensions are rising between the states, California receives a large percentage of the water as a result of its large population and political power even though the river does not directly flow through it. This has heightened tensions with the states
Beside these arguments, there is also a more quantitative side to the debate. The ecological detriments of the Glen Canyon Dam have been well-documented. Extensive changes were brought about in the Colorado River ecosystem by the construction of the Glen Canyon Dam. Most of these alterations negatively affected the functioning of the system and the native aquatic species of the river. The reduced supply and transport of
In 1923-1947 Arkansas Power and Light (AP&L) constructed several dams on two Arkansas lakes, Hamilton and Catherine. AP & L obtained “flood easements” on property adjoining the lakes. AP&L sold lake side property and kept the easement in force. These flood easements permitted AP&L to “clear of trees, brush, and other obstruction and to submerge by
Since 1990, Georgia, Florida and Alabama have been trying to negotiate a regional formula for water allocation for two water systems - the Apalachicola – Chattahoochee – Flint basin (ACF), and the Alabama – Coosa – Tallapoosa (ACT) basin. Together, these river systems provide water for all of metro Atlanta, much of Alabama and Georgia, and a section of the Florida panhandle. Six times the negotiations have passed self-imposed deadlines without a final agreement, and all three states want to avoid the expense and uncertainty of the Federal courts.
The Colorado River is shared by several states due to the large capacity of water that it holds and its proximity. These states include California, Mexico, Arizona, Nevada, Utah and Wyoming. The Colorado water compact is a 1922 agreement that was signed by seven states within the US to govern the sharing or water resources along the Colorado River. Since the development of the compact, California has been the most disadvantaged state since it uses water that has been already used up by other states. Before the compact, most of the states that use the water were in conflict due to the unfair allocation of the water resources. The allocation led to the development of the upper and the lower basin with the division point at the Lee Ferry. Some of the states got more allocation than the others while some did not get any fresh water (Sally, 2012). The Colorado water compact is ruled by many contracts and rulings that were signed by the states that use the water.
Interstate compacts can be created for a multitude of reasons as necessary to correct shared problems, promote a common agenda or produce collective goods between the involved states (Nicholson-Crotty, Woods, Bowman, & Karch, 2014). One issue that affects multiple states is the allocation of interstate waters. In the court case of Kansas v. Nebraska, the issue of interstate water allocation and its related interstate compact functionality was at issue.
A reservation division was made in indians reservation so that 16,000 acres of land were developed. The second division was the valley division, this division consisted 55,000 acres for the bottom of yuma, 200,000 acres in the lower Gila River Valley and 40,000 acres of land on the Mesa. The government needed a way to bring water to these valleys, so the laguna dam was constructed in 1903 and the water for Arizona came from a dam down a canal known as the Colorado river. Throughout the years the Yuma Project had changed many aspects about Yuma for example, what was known as the Wild West had turned into a more modern civilized society. Many of theses changes made people migrate to Yuma making the population, and town bigger. With these new changes came more farmers, more residents, and more Towns making more acres irrigable which produce more crops. As the two divisions were made this made yuma's agriculture
One person named Smith said it was a national debate. One person even said that it is not an easy fix and that it is very legal. California would not have any cutbacks dew to the agreement in 1968 with arizona. Also yamma was just an expansion but Arizona would keep their steep cuts. Farmers in Yamma have the oldest water rights in Arizona.
President FDR and the Bureau of Reclamation joined forces and funded the largest water project in history, this project was centralized in California and was called the Central Valley Project. The land which was meant to go to small farmers, ended up only benefiting large companies and illegally for that matter. The water abuse was finally challenged when birds started becoming deformed due to toxic runoff, as well as a six year drought. Water reformation laws were passed, but the damage had already been done and the farms that once populated the Central Valley left the
Arizona has put 165,000 acre feet of water it has conserved into Lake Mead, a number that is expected to grow to 215,000 acre feet by the end of the year. The state wants to make sure that water is there for its use in the future and is not taken out and used by other states as is happening now. Lake Mead elevations are a concern because if the water in the lake drops below a certain level it triggers a shortage declaration that requires water usage restrictions. Arizona has contributing to that effort by placing conserved water in the lake. Arizona residents would like to see this water be put into the state's water banks and the Central Arizona Project, and used within the state rather than put into Lake Mead. I do believe “Drought plan” is required or needed to be re activate/re plan to face the drought issues in the west with more collaboration between the states in the Colorado River
Texas, with its abundances of natural resources, is facing a new demon, one that doesn’t even seem possible, a shortage of water. Water, without it nothing can survive. Texas is the second largest state for landmass in the nation and ninth for water square miles. Within the borders of Texas are more than 100 lakes, 14 major rivers, and 23 aquifers, so why has water become such an important issue for the state? Politicians and conservationists all agree that without a new working water plan, the state could be facing one of the most damaging environmental disasters they have ever seen. The issues that shape the states positions are population growth, current drought conditions, and who actually owns the water.
The Red River Compact Commission was created and signed by 1978 by 4 states Texas, Oklahoma, Arkansas, and Louisiana. The Red River, the northern boundary of a lot of the state, is a major water source for all four of these states and was being fought over until this commission was made to help solve many of the disputes that could come up. Similarly, Texas has more agreements with other states including the Sabine River Compact Commission and the Rio Grande Compact. These commission serves the same purpose as the other commission, to make sure that all states receive the correct amount of water and that neither state ruins the water for any other one. The United States has an agreement with Mexico regarding the Colorado River that helps decide what should be done with a river that gives water to more than 33 million people across the two nations. The agreement is made to help the Colorado River make it back to the Ocean which will in turn help refill Lake Mead, the main source of water for the city of Los Vegas. The major treaty between the US and Mexico that Texas has a large hand in is the Treaty of February 3, 1994. This treaty restricts the water that the other country can take from the Rio Grande river, and guarantees the US one-third of the water from 5 tributaries in Mexico, and guarantees Mexico all of the water from two other tributaries. This treaty also allows both nations to dam parts of this
In 1902 the Bureau of Reclamation was signed. The Bureau of Reclamation project was looking for lands that needed water. Since Arizona is a dry land which needed water for crops and farming; therefore they started with projects. Which
The controversy over water rights has been a long battle that the Navajo Nation has endured for decades. This controversy which is complicated by numerous issues has only been increasing in recent years. For example the Navajo Hopi Little Colorado Water Settlement that has been in litigation for 33 years. Of particular note Navajo people and their elected officials are struggling to balance expectations with reality including legally mandated coordination with state and federal governments. As a result there has been notable conflict in resources associated with water management. These fundamental issues have been exasperated by a host of concerns: (1) deceased water availability due to drought or water development; (2) long
Upon entering English 111 on-line class, I had not taken an English class on-line before. In the past I have taken several other basic classes. English has always been a struggle for me, mainly writing and grammar. Neither, writing or grammar has come natural to me. The biggest challenge for me is putting my thoughts into words.