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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 />002335 <br /> <br />"If, by mutual agreement, any part of the quantities of water specified in this <br />paragraph are delivered to Mexico at points on the land boundary otherwise <br />than through the All-American Canal, the above quantities of water and rates <br />of deliveries set out under Schedule II of this Article shall be correspondingly <br />diminished. " <br /> <br />6. Power Operations <br /> <br />Each of the major lower Colorado River hydroelectric facilities have legislative authorization <br />for the production of electric power. Reclamation is the Federal agency authorized to <br />produce this power. Water is released from Hoover Dam (approximate elevation 1,200 feet <br />above mean sea level [msl]) through a combination of the 19 dedicated generator pipes into <br />Lake Mohave (approximately 640 feet in elevation). Water is then released through <br />Davis Dam through a combination of the five dedicated generator pipes into Lake Havasu <br />(approximate elevation 448 feet). Since Parker Dam is the last major United States-owned, <br />Reclamation-administered hydroelectric facility on the lower Colorado River and there is no <br />other significant downstream storage, all releases scheduled from Parker Dam are in response <br />to downstream water orders or reservoir regulation requirements. <br /> <br />Although Reclamation is the Federal agency authorized to produce this power, Western Area <br />Power Administration (WAPA or Western) is the Federal agency authorized to market this <br />power. WAPA enters into electric service contracts on behalf of the United States with <br />private and municipal entities. <br /> <br />The topic of power operations in the lower basin must be prefaced with a discussion of the <br />authorizing legislation for the DOE under Public Law 95-91 dated August 4, 1977. Section <br />302 of this law is entitled "Transfers from the Department of the Interior. " Section <br />302(a)(I)(E) transferred from the Secretary of the Interior to the Secretary of Energy the <br />following functions: <br /> <br />"(E) the power marketing functions of the Bureau of Reclamation, including <br />the construction, operation, and maintenance of transmission lines and <br />attendant facilities;" <br /> <br />This is the legislative authority for the creation of W APA. W APA entered into a Joint <br />Operating Agreement (lOA) with Reclamation's Lower Colorado Region dated February 8, <br />1980, to implement section 302(a)(1)(E) of Public Law 95-91. At the time, Reclamation was <br />known as the Water and Power Resources Service (Service). The "System Operations" <br />section of the lOA states in pertinent part: <br /> <br />"Service will adhere to Western's generation schedules and cooperate with <br />Western on operations and maintenance of Federal power facilities." [emphasis <br />added] <br /> <br />29 <br />