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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />032313 <br /> <br />very limited through provisions contained in a number of compacts, Supreme Court decrees, <br />international treaties, various statutes, and contracts between the United States and water <br />entitlement holders and power customers. Again, these and other requirements are <br />collectively known as the "Law of the River" (Table 1). In meeting these decree, treaty, and <br />other obligations, the Secretary does have some meaningful, but limited, discretion in how <br />water and power are managed, depending on the situation, on a short-term basis in lakes and <br />river reaches. <br /> <br />During a "normal" water year and assuming no problems with non-beneficial use, waste, or <br />system failures, the Secretary is obligated to deliver at least 9 million acre-feet (mat) of <br />water to the three lower basin States of Arizona, California, and Nevada (total 7.5 mat) and <br />to Mexico (1.5 mat). Pursuant to the Boulder Canyon Project Act (43 U.S.C. ~ 617 et <br />seq.), the Secretary has executed contracts with the States of Nevada and Arizona for <br />300,000 acre-feet and 2.8 maf, respectively. Within each State, including California, there <br />are numerous entities that have Federal reserved water rights, pre-1929 present perfected <br />water rights recognized in the Supreme Court's decrees, or permanent service contracts with <br />the Secretary executed under section 5 of the Boulder Canyon Project Act. The <br />United States also has treaty obligations to deliver water to Mexico. <br /> <br />Due to these mandates and obligations, the Secretary must deliver water entitlements when <br />the water is ordered. This applies to all water entitlement holders, whether an Indian tribe, <br />irrigation district, wildlife refuge, municipality, national recreation area, or Mexico. In <br />doing so, the Secretary exercises discretion, although it is usually narrow, in how water is <br />stored in system reservoirs and released through Federal facilities. Deliveries are determined <br />by specific water delivery orders and are patterned under contractual obligations for power <br />generation at Hoover, Davis, and Parker Dam's hydropower generation facilities. <br /> <br />Additionally, the Secretary exercises limited discretion in managing flood events but has <br />considerable discretion over river maintenance and Section 7(a)(1) [ESA] endangered species <br />conservation measures. <br /> <br />b. Area: "A description of the specific area that may be affected by <br />the action. " <br /> <br />"Action area means all areas to be affected directly or indirectly by the Federal action and <br />not merely the immediate area involved in the action." [50 CFR 402.02]. It should be noted <br />that the CFR definitions of "action" and "action area" differ, with the latter addressing <br />geographical scope. <br /> <br />The geographical area of the discretionary actions under this section 7 consultation is the <br />lower Colorado River from Lake Mead to the SIB, with the lateral boundary defined by the <br />designated critical habitat (reservoirs to full pool elevation or the loo-year flood plain) for <br />the endangered razorback sucker and bony tail (Figure 3). Non-Federal actions outside the <br />geographical area, such as the diversion and use of reserved and present perfected water <br />rights, are discussed under "Section III. Environmental Baseline." <br /> <br />7 <br /> <br />