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<br />. <br /> <br />. <br /> <br />. <br /> <br />Any revenues remaining can then be apportioned among the Upper Division <br />States in the following percentages: Colorado 46 percent, Utah 21.5 percent, <br />Wyoming 15,5 percent and New Mexico 17 percent, with certain conditions attached <br />which are better described by reading sections 5, 6, 7, 8, 9 and 13 of the CRSP Act <br />attached hereto. Repayment of costs associated with Section 6 currently drive the <br />schedule which starts to generate apportioned revenues in about 2018. <br /> <br />The USBR provides an annual accounting of the fund as required by law, the <br />last published report being in 1986, since 1986 only an abbreviated letter report has <br />been made. The last page of the letter report is commonly referred to as the annual <br />rate and repayment study. This rate and repayment study has resulted in increased <br />rates 3 of the last 4 years. <br /> <br />Post-1989-Power Market Criteria. and EIS <br /> <br />The Western Area Power Administration was created by the Department of <br />Energy Organization Act of 1977 and inherited power marketing and transmission <br />functions from the Secretary of Interior as well as several other governmental <br />agencies. The original marketing criteria under which Western marketed the power <br />resources of CRSP were established in 1978 to cover contracts which were set to <br />expire in September 1989. <br /> <br />In the early 1980s, Western began developing its post-1989 power marketing <br />criteria and in February 1986 published its "Final Post-1989 General Power Marketing <br />and Allocation Criteria." Subsequently, the Salt Lake City et al. v Western lawsuit <br />was filed. Summary judgment was made in Western's favor on a majority of issues. <br />However, an issue which remained was whether or not a full EIS was required. Just <br />prior to settlement, the National Wildlife Federation et. al v Western lawsuit was filed <br />and as a result, Western notified the Court in September 1989 that a full EIS would <br />be prepared. The Court enjoined Western from executing new contracts and ordered <br />existing contracts extended. Western has operated under the extended or "Interim <br />Criteria" since the contract expiration data. The Interim Criteria will remain in effect <br />until the "Final Record of Decision" is reached, projected sometime in late 1994. <br /> <br />Western is currently nearing completion of the draft EIS and anticipates having <br />it out for review by mid to late October. However, this date is somewhat dependent <br />on when Reclamation releases its EIS on Glen Canyon operations. Attached is a <br />Western EIS information packet you may find informative. <br /> <br />DRS/gl <br />Attachment <br /> <br />gJ0524.m <br /> <br />2 <br />