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<br />001592 <br /> <br />948 <br /> <br />ECOLOGY lAW QUARTERLY <br /> <br />[Vol. 28:903 <br /> <br />system. To accomplish the fIrst goal, the Basin States alternative <br />restructures the priority system for unused apportionment in the <br />Lower Basin. Before ma..lting any surplus deten:nmation, the <br />Secretroy first must allocate unused Lower Basin apportionment <br />according to the following priority system: <br />1) Meet MWD and the Southern Nevada Water Authority's <br />(SNWA) entire Direct Delivery Domestic Use requirements. <br />2) Meet MWD and SNWA's off-stream banking activity needs. <br />3) Meet other California water needs in accordance with the <br />revised Seven-Party/Quantification Settlement Agreement. 285 <br />To accomplish the second and third goals, the Basin States <br />alternative creates a multi-tiered system for determining and <br />allocating potential surplus flows. The alternative seeks to draw <br />down reservoir levels in order to capture flood flows and generate <br />augmented surplus flows; under this system, different amounts <br />of surplus water are made available and different allocation <br />schemes apply depending upon the reservoir levels at Lake <br />Mead. 286 <br /> <br />; <br /> <br />! <br /> <br />285. The Basin States Alternative was published at 65 Fed. Reg. 48,531 (Aug. 8, <br />2000). Minor modifications to the alternative were subsequently published at 65 Fed. <br />Reg. 57,371 (Sept. 22, 2000). <br />286. See Basin States Alternative, supra note 285. The lowest tier (corresponding <br />to the lowest reservoir levels) takes effect when reservoir levels at Lake Mead are <br />below 1,125 feet above sea level (about 75 feet below its current surplus trigger of <br />1,200 feet). When Lake Mead falls below this level, the Secretary is required to <br />declare a "normal" year, which means that no surplus flows will be provided in the <br />Lower Basin; only the 7.5 maf required by the Compact and the 1.5 maf Treaty <br />obligation to Mexico must be delivered below Hoover Dam. Between 1,125 feet and <br />1,145 feet, the Secretary is required to declare a "Partial Domestic Surplus," in which <br />BOR must deliver enough water to MWD to assure that it gets 1.212 mafin that year. <br />This amount of water is defined as 1.212 maf less 1) the amount of California's basic <br />4.4 maf apportionment available to MWD in that year, and 2) the amount of its <br />demand that MWD manages to offset via- groundwater withdrawals or the. exercise of <br />options (the latter amount is required to be at least 400,000 af in 2001, but is <br />gradually reduced to 100,000 af by 2016). BOR must also deliver to SNWA and <br />Arizona one-half of the "Direct Delivery Domestic Use" in excess of the states' basic <br />apportionment. Between 1,145 feet and the "70R" "trigger" line (around 1,200 feet), <br />the Secretary is required to declare a "Full Domestic surplus." Under. this scheme. <br />MWD receives a full 1.250 maf reduced by the amount of basic apportionment <br />available to MWD, and both SNWA and Arizona receive their full Direct Delivery <br />Domestic Use in excess of their basic apportionment. Above the 70R line, the <br />Secretary is required to determine a "Quantified Surplus." After determining the <br />quantity of the surplus water, the Secretary allocates it according to the same general <br />scheme as required by AriZona v. California: California. 50%, Arizona, 46%, and <br />Nevada, 4%. However, these deliveries are subject to a priority system for each state. <br />and uses are restricted. The users in all three states are first entitled to a Full <br />Domestic Surplus; however, MWD, SNWA, and Arizona are additionally allowed to <br />dedicate whatever they wish to off stream water banking; in California, Priorities 6 <br />and 7 can take their shares. Any surplus apportionment that remains in one of the <br />states after they have satisfied their demands can then be transferred to other states; <br />