Basin States' Comments on Draft Environmental Impact Statement, CO River Interim guidelines for Lower Basin Shrotages and Coordinated Operations for Lake Powell and Lake Mead

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The Secretary will base annual determinations of surplus, normal and shortage conditions on these Guidelines, unless extraordinary circumstances arise. Such circumstances could include operations necessary for safety of dams or other emergency situations, or other unanticipated or unforeseen activities arising from actual operating experience. Section S. Consultation In addition to the circumstances described in Section 4.D.2, the Secretary shall consult with the Basin States in the following circumstances: A. The Secretary will first consult with all the Basin States before making any substantive modification to these Guidelines. B. Upon a request by a State for modification of these Guidelines, or upon a request by a State to resolve any claim or controversy arising under these Guidelines or under the operations of Lakes Powell and Mead pursuant to these guidelines or any other applicable provision of federal law, regulation, criteria, policy, rule, or guideline, or the Mexican `Dater Treaty of 1944, the Secretary shall invite the Governors of all the Basin States, or their designated representatives, to consult with the Secretary in an attempt to resolve such claim or controversy by mutual agreement. Section 9. Effective Period & Termination A. Effective Period These guidelines will be in effect 30 days from the publication of the ROD in the Federal Register and will, unless subsequently modified, remain in effect through December 31, 2025 (through preparation of the 2026 AOP), except that during the effective period of the Forbearance Agreement defined in Section S.C: Any ICS remaining in an ICS Account on December 31, 2025, may be released as provided herein until December 31, 2035. 2. Tributary Conservation ICS described in Section S.D.2 and Imported ICS described in Section S.D.4 shall continue in full force and effect until fifty years from the date of the execution of the Forbearance Agreement. Developed Shortage Supply described in Section 6 shall continue in full force and effect until fifty years from the date of the execution of the Forbearance Agreement. B. Termination of Guidelines Except as provided in Section 9.A, these Guidelines shall terminate on December 31, 2025 (through preparation of the 2026 AOP). At the conclusion of the effective period of these Guidelines, the operating criteria for Lake Powell and Lake Mead are assumed to revert to the operating criteria used to model baseline conditions in the Final Environmental Impact Statement for the Interim Surplus Guidelines 20