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LAW OF THE RIVER
By: Stan Usinowicz

Major John Wesley Powell, the first explorer to navigate the Colorado River through the Grand Canyon in 1869, called the 1,450-mile-long stretch of water was the lifeblood of the Southwest. “The Colorado is the sole reason that people live, work and farm in the Southwest. Almost all of Southern California and Arizona [Territory] completely depend on the river for life” (as interpreted by Wallace Stegner in “Beyond the Hundreth Meridian”). Powell, who was the second U.S. Geological Survey director, reported the West was not suitable for agricultural development except for the two percent that was near water sources.


Had the recommendations in Powell’s report been taken seriously, our Southwestern state boundaries along the Colorado River would look vastly different. In “Report on the Lands of the Arid Regions of the United States,” Powell proposed irrigation systems and state boundaries be based on watershed areas. The railroad companies, who held title to most of the acreage in the West argued aggressively against it, declaring a scientifically proven theory that agricultural development caused arid land to generate higher amounts of rain (hence “rain follows the plow”). This, of course, caused untold suffering associated with failed farms due to lack of rainfall in the Southwestern states.


The mighty Colorado River has defined most of the development in what is now referred to as the upper and lower basin states through which it flows. Colorado, Utah, New Mexico and Wyoming (upper basin) and Arizona, California, and Nevada (lower basin) draw millions of acre feet of water annually for several purposes: flood control, recreation, power production, enhancement of fish and wildlife, water quality control and other environmental factors. As the most litigated water resource in the country, the Colorado River is managed and operated by using numerous compacts, federal laws, court decisions and decrees, contracts and regulatory guidelines collectively known as “The Law of the River.”


The Law regulates how much water can be drawn from the Colorado River among seven states and Mexico. Its cornerstone is the Colorado River Compact of 1922 which defined the relationship between the upper and lower basin states. In addition, the Mexico Water Treaty of 1944 committed a certain amount of annual flow to Mexico. The entire river is managed by the Bureau of Reclamation, which is a part of the U.S. Department of Interior.


According to the Bureau, the Southwest has been going through the driest eight-year period in a 100-year cycle. Because of an increase in water use, major reservoirs have declined in elevation unlike anyone has seen or could project. The Bureau says there have been more severe droughts over the past 1,200 years based on tree ring analysis, but our recent drought has severely affected Lake Powell (56 percent full), and Lake Mead (47 percent full).


Inflows are highly variable from year to year, and though there was an increase in water elevations in 2008 and 2009, projections for 2010 are respectfully cautious. The Bureau reported the entire river system experienced a net gain, but is still only operating at 59 percent capacity as of September 2009. The greatest loss was at Lake Mead (-11.7 feet in elevation). The biggest gain was at Lake Powell, which gained 12.5 feet.


This is important because the Bureau uses Lake Powell as a depository to keep a balance between the upper and lower basin states. Still based on the Colorado River Compact allotments, the upper and lower basin states each receive an entitlement to use 7.5 million acre-feet (MAF) of water per year. Mexico is entitled to 1.5 MAF per year by treaty.


So eyes will be on the weather in the Rocky Mountains in Western Colorado, where the 1,450-mile-long river begins its journey to the Sea of Cortez. The Colorado River is the nation’s fifth largest river and drains a large portion of the North American continent, covering 245,000 square miles. There are approximately 20 dams, canals and diversion dams built on the river and its tributaries to fulfill the mandates that regulate it.


The Law of the River is still law.



Water Recreation



Recreation and tourism were not a part of the original Compact for the Colorado River, but a by-product that has given rise to a huge industry, especially in the lower basin states. With the damming of the Colorado River at Glen Canyon in 1963, the creation of Lake Powell created 266 miles of waterfront used by boaters, fishermen, water skiers, Jet Skiers, house boaters and campers. Lake Powell sits in the Glen Canyon National Recreation Area and is managed by the National Park Service receiving an estimated three million visitors each year.


At the base of Lake Powell is historic Lee’s Ferry, and is the beginning of the Grand Canyon National Park. Between Lee’s Ferry and Lake Mead are 277 miles of roiling Colorado River that runs through the Grand Canyon.


Below Lake Powell and the Grand Canyon is the largest man-made reservoir in the United States Lake Mead formed behind Hoover Dam in the ‘30s and is only 30 miles from Las Vegas.


Below Hoover Dam, the Colorado River runs free to Lake Mohave. But just below the Hoover Dam wall, the sheer cliffs of the Black Canyon give boaters an eyeful. Two thousand feet straight up from the river’s edge is black volcanic rock that gave the canyon its name. There are a lot of secluded coves, sandy beaches and stopovers between Black Canyon and Lake Mohave on 235 miles of shoreline. Lake Mohave was formed by Davis Dam, completed in the early 1950s.


It can take up to two and a half hours to boat from Davis Dam to the Havasu National Wildlife Refuge and Lake Havasu, while taking in the red rock of Topock Gorge or Golden Shores Marina. From the Havasu National Wildlife Refuge to the 45-mile-long Lake Havasu, there are public launch points and marinas on the Island and the mainland, and lots of shoreline to explore. The Bridgewater Channel is one mile long running underneath the London Bridge and separating the Island from the mainland.


Below Parker Dam, which was once the deepest dam in the world at 235 feet below the river bed, is the Parker Strip and 17 miles of Colorado River. Lake Moolvalya, created by Headgate Rock Dam at Earp, Calif. on one side and Parker, Ariz. on the other.


Below these waters—and the next best place to launch—is Blythe, Calif., at the crossroads of Interstate 10 and Highway 95. Between Blythe and the Imperial Dam in Yuma is approximately 95 miles of navigable water. There are an endless number of coves, beachfront, and scenic stops with stopping points at Martinez Lake or Fisher’s Landing. The Colorado River is a mighty waterway that has served the western half of the nation in numerous ways. There are millions of people who get to enjoy its unique beauty and still be served by its original purpose—irrigation and drinking water.



Bridgewater Channel in Lake Havasu City.
Photo contributed by
Stan Usinowicz

 
Fishing at Mesquite Bay, Lake Havasu.
Photo contributed by
Stan Usinowicz

 
In spring, octotillo blooms provide a splash of color in the desert.
Photo contributed by
Stan Usinowicz