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<br />0015')8 <br /> <br />946 <br /> <br />ECOLOGY lAW QUARTERLY <br /> <br />[Vol. 28:903 <br /> <br />~.~ <br /> <br />the California model criteria.273 Babbitt had repeatedly stated <br />that he wanted to solve the Colorado River "puzzle" before the <br />end of his term as Secretary;274 if he failed to give in to California, <br />he risked blowing apart the fragile California accord. These <br />pressure tactics worked. At the December 1999 Colorado River <br />Water Users Association (CRWUA) meeting, Babbitt praised the <br />efforts of the Califomia water interests in reaching the QSA,275 <br />Retreating significantly from the hard line he had taken during <br />the California negotiations, Babbitt instead urged the other <br />Colorado River Basin states, in the words of The Los Angeles <br />Times, to "cut California some slack, "276and cooperate with BOR <br />in its development and implementation of new surplus criteria <br />that would meet CaJiforrtia's needs. <br />In compliance with the National Environmental Policy Act <br />(NEP A), BO R prepared an Environmental Impact Statement <br />assessing the environmental impact of a new set of Colorado <br />River Surplus Criteria. The draft Environmental Impact <br />Statement (DE[S) issued in July 2000 evaluated the various <br />alternatives for new Colorado River Surplus Criteria,277 which <br />included two competing alternatives submitted by the Basin <br /> <br />I <br />i) <br />r: <br /> <br />t <br />t- <br /> <br />273. See Key Terms ()f Quantification Settlement, supra note 263, ~ IV(B). <br />274. See Press ReLease. Department of the Interior, Babbitt Calls 1999 "Year of <br />AccompJishmentW on C()lorado River, Outlines Efforts Necessary for Continued <br />Progress T()ward More Efficient Use (Dec. 17, 1999), available at <br />http://www.eparka.com/news(I.B/SO/RD/1LBSORDM9/indeX.html. <br />275. See Perry, supra. note 254, at A28. <br />276. Seeid. <br />277. These induded: 1he ~Fl()()d C()ntrol" altemative. the required "baseline" or <br />"no-action' altemative, the 'Six States" alternative, the "California" alternative, and <br />the "Shortage Pr()tecti()n" alternative. See DEIS, supra note 180, at 2-5 - 2-15. At one <br />extreme, the Flood Control alternative would only have released surplus to prevent <br />floods, thus keeping l'esenroir storage at a maximum (and Lower Basin water use at a <br />minimum). See id at 2-7 - 2-8. At the other extreme. the Shortage Protection <br />alternative w()uld have all()wed substantial reservoir drawdowns to maximize surplus <br />flows. thus maintaining storage ()nly t() the extent necessary to minimally protect (at <br />809& certainty) agaiJ1st sAortages and preserve minimum efficiency power production <br />at the mainstream dams. See id. at 2-13 - 2-15. The "California" altemative mirrored <br />the criteria in the Quanti1ication Agreement, id at 2-3, except that the minimum <br />reservoil' levels at Lake Mead were raised 10 feet, which would have satisfied the <br />Quantification Agreement condition mandating the adoption of criteria that are <br />"substantially identical~ to those proposed. Finally, the "Six States" alternative kept <br />reservoil' levels higher at Lake Mead (30 feet higher than the California Alternative <br />levels). id. at 2- 10 and only allowed surplus for municipal and industrial purposes. <br />See /d. at Attachment D: Surp[llS Criteria Proposal by Six States. Both the California <br />and Six: States al-rematives utilized substantial reservoir drawdowns to guarantee <br />surplus flows in most years. Predictably. the California plan allowed reservoirs to be <br />drawn down lower and allowed surplus water to be dedicated for any purpose - <br />including agricultUIal use. See id. at Attachment E: Swplus Criteria Proposal by <br />Calijornia. <br />