BOARD00166 (3) - Laserfiche WebLink

Home Browse Search

::a:. 'ii:. January 23-24, 2007 Board Meeting Agenda Item 17 Page 5 of6 . NEP A Process The US Bureau of Reclamation initiated the NEPA process for the development of Lower Basin shortage criteria and the coordinated operations of Lakes Powell and Mead under low reservoir conditions on June 15,2005. To date, USBR has completed the Scoping Process and identified 5 alternatives that it will evaluate in the NEP A process: 1) the Basin States Proposal; 2) a conservation before shortage proposal developed by the environmental community; 3) a water supply alternative; 4) a preservation of reservoir storage option; and, 5) a no action alternative that continues the existing coordinated long-range operating criteria. The DEIS was released on February 28,2007. However, the DEIS did not contain a preferred alternative. Reclamation hopes to identify a preferred alternative in mid-June. The Bureau of Reclamation still expects to issue a final EIS in September 2007 and a Record of Decision by December 31, 2007. Conclusions . · The 7-state agreement commits the states to solve problems, much as it has done over the years, through a consultation process. The consultation process is much more likely to minimize ones risks than litigation. · It is intended to be consistent with existing law and provides a reaffirmation of the Compacts. · The rights of each state and their respective positions on various legal issues will be preserved. · The agreement forces the Lower Basin to recognize that there is some potential for shortages and that they not only need to, but will develop shortage criteria. Arizona is taking shortages voluntarily, which reinforces to some degree that CAP lacked a full water supply under full development conditions in the basin. However, Arizona gets to "limit" the shortage that the Secretary will impose to a quantity Arizona can realistically absorb, which is very important to Arizona. · If the States reach an agreement that they can all commit too, the Secretary of Interior is far more likely to adopt that alternative in their EIS process. Ifthe Record of Decision is not in substantial conformance with the 7-state recommendations, "off ramps" are provided · Nevada, in addition to its existing compact apportionment, gets an interim source of water (75,000 AF annually by 2020) that they have a fairly immediate need for. This allows the fight over how to account for water development on the tributaries to be delayed. Absent this agreement, Nevada would move forward with plans to develop water on the Virgin and Muddy River, which would precipitate the lawsuit over tributary uses under the Compact. · The revised plan of operation for lakes Powell and Mead under low reservoir conditions will lessen the possibility of curtailments in the Upper Basin, but it will not remove the risk totally. The terms of the Agreement, if selected by .