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",., . I I I I I I I I I I I I I I I I I I I O()[)128 impact or no impact, direct or indirect, with reasons given under an appropriate section, Preferred Alternative The Colorado River and existing delivery systems would be operated within their current and projected routine operations consistent with the provisions of the BCP A and the Decree. Because changes are not expected in river operations and in the occurrence of water surpluses made available to water delivery contract holders who are not part of specific interstate transactions under the Preferred Alternative no significant impacts to minority and low-income populations and communities would occur as a result of the Rule, There will be no effect on Tribal resources because all individual entitlements to use Colorado River water within a State, including Tribal decreed water rights, are included within that State's apportionment. The water which will be stored is unused basic or surplus apportionment which no entity (including a Tribe) exercised a right to use under its entitlement. However, Reclamation will complete appropriate consultation and coordination with Federal, State, and other interested parties on future SIRA on a case-by- case basis to address potential effects on Indian Present Perfected Rights holders and other Indian tribes and the potential for migration of stored water in aquifers that may hold tribal water under the Rule, With respect to minority and low-income conununities along the Mexican border, and near the Gulf of California, the Rule will not change the delivery of treaty water to Mexico, In a normal year, the delivery of Colorado River water to Mexico will be 1.5 mafand there will be no surplus or flood control release water, The diversion of treaty water by Mexico is made at Morelos Dam and there are no scheduled flows below this diversion point under normal conditions, Reclamation acknowledges that hydrological conditions in the next few years will be favorable for a surplus determination. When a surplus determination is made, it may include 200 leaf of surplus water for Mexico, This surplus water is also diverted at Morelos Dam and there are no scheduled flows below this point except when flood control releases occur. The waters of the Colorado, once delivered to Mexico pursuant to the 1944 Mexican Water Treaty, are the exclusive property of the sovereign nation of Mexico, The Department has no control over how Colorado River water is used once it reaches the international border, Further, this treaty contains no provisions requiring Mexico to provide water for environmental protection nor any requirements relating to Mexico's use of that water. Finally the 1964 Supreme Court decree enjoined Reclamation from releasing water to Mexico in excess of the quantity identified in the 1944 Mexican Water Treaty except for flood control purposes, Flood control releases are those water releases made in accordance with the Operating Criteria and do not include surplus. Flood control releases reflect regional climatic conditions and are required when forecasted inflow exceeds available storage space in Lakes Mead and Powell and allowable space in other upper basin reservoirs, These releases are not guaranteed nor a dependable water supply below the international boundary, They are in excess ofD.S, needs and is the water that has the potential to flow to the Gulf of California. Reclamation modeled the probability of flood control releases over the potential storage years under the Rule, For the storage years between 1999-2015, flood control releases to Mexico would range between 1.310-.544 maf/yr without the Rule and 1.310-541 maf/yr with the 28