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I I I I I I I I I I' I I I: I I I I I I OJ2331 Seven-Party Agreement for 5,362,000 acre-feet of water and entered into a master contract with the State of Nevada in 1942 for 300,000 acre-feet of water and with the State of Arizona in 1944 for the 2,800,000 acre-feet of water. These actions effectively allocated 8,462,000 acre-feet of the lower Colorado River basin's water for use in the United States by 1944. A detailed description of the process for handling water orders. is presented below in part C.1.d.. The level of Secretarial discretion, if any, related to a water entitlement is directly related to the type of entitlement. For example, the Supreme Court-decreed entitlements with the five Indian Tribes, FWS, and the National Park Service (NPS) have never been incorporated into administrative agreements or contracts. In fact, as long as the water is used at the decreed place of use and those entitlement holders do not request a change or a new benefit, the Secretary has extremely limited control over these entitlements. Other present perfected right entitlement holders, as listed in the Supreme Court decree, mayor may not have an administrative agreement (contract) with the Secretary; the terms and conditions of such a contract for present perfected rights are few. Therefore, the amount of control or discretion the Secretary has over anyone entitlement ranges from very limited to extremely limited, varies by the type of the entitlement, and depends upon the execution date of the contract and its associated terms and conditions. Secretarial actions must not conflict with the contract terms or the mandates of the Court decree from which the Secretary is severally enjoined. The Secretary may have limited discretion over such conditions as non-use, non-beneficial use, or water conservation. However, the Secretary has no effective meaningful discretion over meeting an entitlement holder's valid request for water for beneficial use. This holds true for a municipality, irrigation district, Indian Tribe, or wildlife refuge. The Secretary may have limited flexibility regarding when water is released from Lake Mead, based on a minor amount of storage capacity in the downstream reservoirs for re-regulation. The Regional Director of Reclamation's Lower Colorado Region, on behalf of the Secretary in his Watermaster role, may make annual determinations relating to water conservation measures and delivery, distribution, and use of Colorado River water pursuant to 43 CFR Part 417. Deliveries of Colorado River water will not exceed those reasonably required for beneficial use. The following actions are discretionary: . determination of which contractors will be consulted (may exclude contractors and permittees of small quantities of water and contractors for municipal and industrial water), . determination that water orders are, or are not, within that reasonably required for beneficial use, and 25