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l. "'::~":~'7~f:!i'~'~I~"':.., "d;," 140 PUBLIC LAND LAW REVIEW [Vol. 15 1994] GRAND CANYON PROTECTION ACT 141 A. BOR and Hydropower The Department of the Interior (DOl) is charged with responsibility for overseeing dam operations under the CRSP A and the CRBP A. Within DOl, the BOR is the agency ultimately charged with meeting water delivery requirements and generating power. Hydropower has developed into a significant source of electricity, providing 13 % of aU generating capacity in the United States.S! In the West, hydropower supplies approximately 42% of all electricity, one. quarter of which is contributed by BOR power plants.8Z Hydropower offers a number of advantages over other sources of energy: it is a renewable resource; it is efficient; it conserves fossil fuels; and it creates no atmo- spheric pollutants.ss The most significant advantage of hydropower. however, is its flexibility, which is the reason hydropower has become such an integral part of the power supply in the West. The ability to meet peak power demand is critical."" The BOR estimates that only 50 % of a power system needs to operate continuously . 3lS As loads increase during peak periods, however, additional supply is needed instantaneously. Hydropower is best suited to meet this demand due to its ability to start quickly and adjust very rapidly to changes in load." In fact, the most efficient way for a utility to operate is to use its fossil fuel (steam turbine) plants to meet baseloads and hydropower to meet peak demand. S1 The BOR predicts that ever-increasing demand during peak periods may result in possible shortages in generating capacity, particularly in the West, where population growth is outpacing that of the rest of the country.llIJ To satisfy this demand, additional hydropower development is being considered. The Federal Energy Regulatory Commission (FERC) has identified a potential 74,700 megawahs (MW) of additional hydro- power development in the United States, 50,400 MW of which is located in 17 western states.39 Obviously, the BOR considers hydropower critical to ~tisfy the insatiable demand for electricity. B. Western and Power Delivery Originally, the CRSPA authorized the BOR to sell hydropower generated at CRSP A dams directly."o [n December 1977, the Department of Energy Organization Act transferred this authority to the newly created Western.''' Western's mission is <<to implement national energy policy by maintaining a viable marketing program for Federal power over an efficient and reliable transmission system while protectingthe environment and encouraging conservation and the use of renewable resoJurces."4a Marketing federal power is paramount, however, and Wester~'s mandate is to market federal hydroelectric resources "in such a manner as to encourage the most widespread use thereof at the lowest possible rates to consumers .consistent with sound business principles.""" Thus, Western's language of the CRSP A. The CRBP A identifies specific values tbat override power generation concerns in the event of conflict.~8 These identified values provide some legal basis for a number of groups, including irrigation districts, water conservation districts. fishing enthusiasts, river runners, environmentalists, and electric power districts, to influence operations at Glen Canyon Dam.29 Nevertheless, power generation has evolved as the controlling factor in dam operations.80 The two responsible authorities are the Bureau of Reclamation (BOR) and the Western Area Power Administration (Western). 28. GCES COMMITTEE. supra note 8. at 18. Such water delivery confliw. although planned for. havenotyetl.lCCurrcdsoastotesttherelationshipbetweenpowergellerationandotherusesoftherivet. Id. at 24. 29. See STEVEN W. C....ROTHERS & BRY....N T. BROWN. THE COLORADO RIvER THROUGH GRAND C....NYON 173-75 (1991). 30. The 1922 Compact specifies annual water delivery obligations to the lower basin and the Board of Reclamation (BOR) sets monthly releases lQ meet the annual target. Daily operation of the; darn is thereforeaUowcd to be flexible and has resu]ted in the emergence 0 fpower generation as tbe primary fa<:tor in daily releases. GCES COMMITTEE. supra note 8. at 24-25. 31. BURE....U Of RECLAM....nON. HYDROPOWER 2002-RECLAM....nON.s ENERGY INITI....nvE iv (1991) {hereinafter HYDROPOWER 2002}. Theothersignificant<:ontributors lQ United Statc:s electric generating capacity are fossil fuelsteam plants (62%) andnucleargeneratin8statiollS (14% ).Id.at6. 32. ld. at iv. 33. Iii. 34. Peak periods are those r.~ulting ill the bigbest levels of demand in a utility's loadordemand profile. Demand factors include time of day as well as seasonal requirement;. WESTUN ARE.... PoWER ADMlNISTR....nON. ELECTtUC PoWER M....RKETlNG ElS lJPDATE fOil. THE SAL.T .l..u>E C1n MEA INTEGRATED PROJECTS 9 (May 1, 1992). 35. HYDkOPOWER 2002. supra note 31, at 7. 36. Id. Coal and nuclear plants, while exceUentat pr<JViding baseload (lIear-<<lnstanl) capacity, are not efl'ective for meeting peak demands because their POWeToutput t:an not be easily changC(j. WESTERN AREA POWER AOMIr-;lsTR....nON. ENVIRONMENTAL llolPACT ST....TEMENT INFORM....nON P....CKET, POST-1989 POWER MAll.KETING CRITEIl.l.... 15 (Sept. 1990) [hereinafter INFORM....TION P....CKET]. For example, a coal-fired facility can take 24 hours to reach full generating capacity while the generators at Glen Canyon Dam take Ol1lymilll,ltcs. CAROTHERS &. BROWN. supra note 29, at 179. 37. HYDllOPOWER 2002. supro note 31, at 7. 38. Id. at 4-5. 39. ld. at vii. Asa point or reference. thegeneratingcapacityatGlenCanyolI Dam is 1.288 MW. while at Hoover Dam it is 1.930 MW. ld. 40. 43 US.C. n 620, 62Oc, 62Of. . 41. 42 US.C. if 7101-7375 (1988). Wcstern was specifieally authoriled. by i 7]52. 42. INFORMATION P....CKET. supra note 36. at I. 43. WESTERN ARE.... POWEll. ADMINlsn....TION, 1989 ANNU....L REPORT 5 (1989) !hereinaft~ WESTERN REPORTj. Tbismarniateis from section Softhe F100dControl Actof 1944,Pub. L No. 78- S34. S8Stat. 887 (1944) (eodiftedat 16 US.C.t 8255(1988 & Supp.IV 1992). .....hichispartoftM federal re<:lamation laws that govern sales of CRSPA Power. See Salt lake City v. Western Area 1 1 I, , \. , ~'" '.'~'