Historical Information
Starting from the last half of the nineteenth century, a tremendous
flow of immigration entered the West. Two developments both spurred settlement
and necessitated a legal doctrine for water allocation: the discovery of
gold and silver in the western mountains and the widespread use of irrigation
in crop production. To work a claim on ore deposits, miners had to divert
water from streams in flumes and pipes. Thus, a body of informal water
law grew in the mining camps. The procedures by which gold and silver claims
were established and worked were easily transferred from ore to water.
The first person to file a mining claim received priority over any later
claimants. To keep ones ownership of a mining claim, one had to stake
it, take possession of it, and work the claim productively.
The water law, born in the mining camps, followed the doctrine of prior
appropriation. The right to use water was exclusive, absolute, and established
by the act of prior diversion. Third parties often suffered from the effects
of water use. One users return flows were anothers source of supply.
Any change in the point of diversion or type of use affected appropriators
(third parties) downstream. Legislators attempted to correct these third
party effects by adding restrictive clauses to the doctrine such as beneficial
and reasonable use requirements and regulations for compensating parties
injured by transfers. These corollaries were vague, however and custom
dictated the quantity of water considered reasonable.
The history of Glen Canyon Dam reveals how western states developed
legal definitions and allocation rules for water rights both within their
borders and how major rivers were apportioned among states. The time line
below relates important events in the history of Glen Canyon. It tells
the story of how the West reached the critical juncture it currently confronts.
Water use in cities and industries grows each day. Simultaneously, voices
argue for water conservation, ecological restoration and water reallocation.
As these conflicting evocations create vibrant debates, they reveal both
the complexity and uncertainty the West must deal with as it makes choices
about water resources.
Basic time line:
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1869 John Wesley Powell, the first to navigate the mighty Colorado
River through Glen Canyon, begins his journey.
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1900 Imperial Valley Irrigation District opened. It is the largest
irrigation district in the western world, and it uses the Colorado River
water. The water was delivered to the Imperial Valley through the Alamo
Canal.
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1902 The Reclamation Act is recognized as the beginning of many
decades of Government involvement in constructing and heavily subsidizing
water projects in the west. The Bureau
of Reclamation was established to construct federally financed dams
and to contract water deliveries with the local beneficiaries (usually
irrigation districts).
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1905 A heavy flow in the Colorado caused a break in the banks
of the Alamo Canal, and the entire flow of the river was diverted to the
Imperial Valley. For two years the Colorado River flowed not to the Gulf
of California, but to the Salton Sea.
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1908 Under The Winters Doctrine, the Supreme Court concluded
that the federal law established Indian water rights. Reservations were
designed to encourage the "nomadic and uncivilized" Indians to become pastoral.
The lands involved were so arid, they could produce virtually nothing without
irrigation. Therefore, the court ruled that Indian tribes have the right
to hold "reserved rights" to water to fulfill the purposes of their reservations.
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1922 All seven states in the Colorado River Basin (Utah, New
Mexico, Colorado, Arizona, Wyoming, California and Nevada) met in New Mexico
and everyone except Arizona signed the Colorado River Compact. This
agreement divided the river at a town called Lee Ferry. The states based
the division of water on the "virgin flow" at Lee Ferry, that is, the amount
of water that would flow through Lee Ferry if there were no irrigation
use or reservoir losses above Lee Ferry. The Upper and Lower Basins were
each assigned 7.5 maf per year.
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1928 The Boulder Canyon Project Act authorized the building
of Hoover Dam and allocated Lower Basin water. California received 4.4
maf, Arizona received 2.8 maf, and Nevada received 0.3 maf. This division
was negotiated in Congress, not between the states.
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1944 The Mexican Treaty Guaranteed Mexico 1.5 maf annually.
This had no provision for the quality water.
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1948 The Upper Basin States signed the Upper Colorado River
Basin Compact which split their part of the river on a percentage basis,
plus a token 50,000 af to Arizona. It allocated Colorado 51.75%, Utah 23%,
Wyoming 14%, and New Mexico 11.25%.
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1956 The Upper Colorado River Storage Project Act authorized
Flaming Gorge, Glen Canyon, Navajo and Curecanti dams. Glen Canyon was
built right above Lee Ferry because at this site every drop of water entering
the Colorado in the Upper Basin can be caught. No tributary of the Colorado
in the Upper Basin comes in below Glen Canyon Dam. Therefore, the Upper
Basin can control releases to meet the terms of the compact.
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1963 The Glen Canyon Dam is completed and Lake Powell is formed.
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1963 Arizona vs California: Supreme Court ruled that Arizona
had the right to 2.8 maf from the mainstream of the Colorado.
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1968 Colorado River Basin Project Act authorized the Central
Arizona Project, which provides for the aqueduct that carries water form
the Colorado to the Phoenix-Tucson area, mainly for irrigation. Under the
agreement, California was given the absolute priority of 4.4 maf.
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1972 Glen Canyon National Recreation Area was set aside by Congress
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1973 Endangered Species Act requires the determination of
endangered species, a Recovery plan for habitat protection, facilitates
cooperation among states.
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1986 The Colorado River Floodway Protection Act resulted from the
aftermath of the 1983-1985 flooding along the Lower Colorado River. The
Act required the Secretary to identify and establish the "Colorado River
Floodway" to provide benefits to river users and minimize the loss of life
and property damage.
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1992 The Grand Canyon Protection Act required the Secretary
to implement "interim operating criteria" for the operation of Glen Canyon
Dam in order to protect the downstream resources in the Grand Canyon National
Park. The Secretary was required to complete an analysis of the operation
of Glen Canyon Dam under the National Environmental Policy Act (NEPA).
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