WSP09130

• File Number: 8200.300.20.F
• Description: Grand Canyon Protection Act
• Basin: Colorado Mainstem
• Date: 1/1/1994
• Author: Michael Conner
• Title: Extracting the Monkey Wrench from Glen Canyon Dam: The Grand Canyon Protection Act - An Attempt at Balance
• Water Supply Pro - Doc Type: Report/Study

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142

PUBLIC LAND LAW REVIEW

[Vol. 15

1994] .

GRAND CANYON PROTECTION ACT

143

Power Admin., No. CIV.C86-1000G. !988 WL 167244, at *7-9 (D. Utah Apr. 14, 1988).aJTd, 926
F.ld 974 (10th Cit. 1991).
44. WESTERN REPQRT,SUpro. note 43, at 3. Firm power is defined as "power which isguaranteed
to be available at all times." Western Area Power Admin., 926 F.ld at 979 n.4.
45. 43 U.s.C. S 48Sh(c) (1988); see also. Wistern Area Power Admin., 926 F.ld at 977.
46. 43 U.s.C. g 4SSh(c).
47. 43 U.S.c. Ii 485h(c).
48. The five areas are Billings, Phoenix, Loveland, Sacramenta, and Salt Lake City. Western's
main headquarters is located in Golden, Colorado. WESTERN POWER ADMINISTRATION. ENERGY
PUNNING AND MANAGEMENT UPDATE 1 (Mar. 1994).
49. WESTERN REPORT,supra note 43, at 3. ,
SO. CAROTHERS&Bll.oWN,supranote29.at 178;43U.5.C.! 62Od;42U.5.C.! 7152(1).The
irrigation projects to be paid Corby the power generation facilities include the Dolores Project in
Southern Colorado, the San Juan-Chama Project in New Mellico. the Seedskadee Project in
Wyoming, and the Central Utah Project. Jim Bishop,A Water-based ElectriC Empire is Hitbya Flood
of Criticism, HIGH COUNTRY NEWS, July 13, 1992, at, 10.
51. C.loROTHERS & BROWN, supra note 29, at 183. Overall, the total federal investment in
Western's power system is about $5 billion, of whicb approximately 42% had been repaid by 1989.
WESTERN REPORT, supra note 43, at 6.
52. CAROTHERS & BROwN,supra note 29.at 180-81. As of March 25.1993.G1enCanyon Dam
had generated approximately $993 miltion in ,revenues since it was put into service. 'Author's tour or
Glen Canyon Dam. Mar. 25, 1993.

C. Dam Operations and the Glen Canyon Environmental Studies

1.:.... J~as!s Jqr'..o~rt{t~(~ns.' at<fi~e1:l. :Ctlfiyon Dam,.:

In theory, operations at Glen Canyon Dam are simple: the BOR
determines the total amount of water to be released each month and year,
and Western controls real-time releases subject to this plan.53 In other
words, the BOR is ultimately in charge. Its plan for dam operation has
traditionally been governed by four criteria; (1) the annual release of
approximately 8.23 maf of water as required by the 1922 Compact; (2) a
monthly release schedule that satisfies the annual goal while still meeting
water delivery commitments and avoidirlg spills (flows exceeding power-
plant capacity); (3) the maximum amount of water that can be released at
any given instant through the dam; and (4) an informal agreement with t.he
National Park Service calling for specified minimum releases during the
recreation and non-recreation seasons (3,000 and 1,000 cubic feet per'
second (cfs) respectively before 1991).54 BOR enjoys tremendous flexibil-.
ity in determining releases. Monthly releases are not strictly governed by
seasonal irrigation patterns in the lower Colorado basin because the BOR
uses Lake Mead to regulate these variations, 55
Having wide leeway in how it dictates real-time releases, Western has
utilized Glen Canyon Dam as a tool to meet peak power demands
efficiently.lIe This means restricting flows at night and in the early morning
and increasing them during the day (typically 8 a.m. to 5 p.m.). Western
sells the electricity to its preferred customers at cost. ~'t Excess peak.power
that is not needed to satisfy firm customers is sold on the so-called "spot
market" at true market prices.ll' This mode of operation results in huge
daily fluctuations in the flow of water through Glen Canyon Dam, ranging
from 1,000 cfs to 31,000 cfs."

primary responsibility and focus is the sale of firm power and energy."" The
basic statute governing power marketing is section 9( c) of the Reclamation
Project Act of 1939.,(5 Specifically, this section provides that in the sale of
federal hydroelectric power, "preference shaU~~~:given,to ~unicipalities
a.nd ot.her p. ~b.liC ~.o.r.po... '..at....ion.s. or ~~. ci.e.'~':.;'~.~iYj.'d\~'!&M~P,I~~~~.,~.t.!~4l....m.".~HP~f.,~U.:";'~c
~~:rn'ha~~;1~.,secttO.~'81ymgpr~ferenceoI1tytoihose j'
tfiat~~6~~eir own utility sy~tetnS:':"7' ':},f . '
Pursuant to its authority, Western divided into five areas, each with
marketing authority based roughly on one of the five major river basins
from which federal power is generated}' The organization operates over
16,554 miles of transmission lines and 259 substations, serving over 600
wholesale power customers in 15 central and western states}' Western
uses the revenues it collects to repay construction, maintenance, and
operating costs of the power and irrigation projects authorized by CR-
SPA.50 The total investment in these projects is approximately $1.5
billion.51 Glen Canyon Dam is Western's primary money-maker, and as
such is the centerpiece of its operations. This facility alone generates
approximately 10% of Western's total kilowatt-hours, and more than
70 % of all federal hydropower produced in the Rocky Mountain region. 52
As these numbers suggest, any disruption of hydroelectric operations at
Glen Canyon Dam significantly affects Western's operations and
obligations.

53. GCES COMMITTEE. supra note 8, at 211. "Real time" releases are those made minute to
minute hased on actual demands plaeedon the power system.
54. CAROTHERS & BROWN, supra note 29. at 177-78. The monthly release schedule is also
dependent on the BOR's goal of having water storage in Lake Powell at 22 maf on January I of each
year and 27 maf{considered full) by Ju]y l.ld. at 177.
55. GCES COMMITTEE, supra note 8. at 213.
56. Stt supra notes 34.37 and accompanying text.
57. WESTERN REPORT, supra note 43, at 5. Western contends that selling "firm power" at cost
provides "significant economic: benefits throughout our 15:state region:'ld.
58. Bishop, supra note SO, at 10. Obtaining a premium price on ellcess peak p'.>Wer allows
Western to keep prices about 60% below market for its 600 preferred customers. [d. The "spot
market" is one where utilities connected to Western's power grid can purchase excess power on short
notWe as needed. Id.
59. Bishop, supra note SO. at 10.

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