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I I I I I I I I I I I I I I I I 'I I I OJ234j agreed to by contract or agreement. "(b) All other obligations of the United States to return funds to a Contractor shall be repaid to such Contractor through credits on power bills, with or without interest, pursuant to terms and conditions agreed to by contract or agreement. " This act requires the United States to use electric service credits paid over a 50-year period to repay the $165 million in up-front funds provided by the power contractors. The additional generating capacity provided by these funds would need to be optimized to produce the revenue required to repay this obligation. 7. Channel Maintenance and Levee System The Colorado River Front Work and Levee System (CRFWLS) Act of 1946 (as amended) provides that for the purposes of controlling the floods, improving navigation, and improving the flow of the Colorado River, Reclamation will (i) operate and maintain the CRFWLS in Arizona, Nevada and California, (ii) construct, improve, extend, operate and maintain protection and drainage works and systems, (iii) control said river, and improve, modify, straighten, and rectify the channel thereof, and (iv) conduct investigations and studies in connection therewith. Although these directions and responsibilities are relatively explicit as to what must be done, the details of the works, and the "how" and "when" parameters, are left to the discretion of the Secretary and Reclamation. The channel maintenance and levee system processes are considered discretionary for the Secretary and are covered within this assessment and consultation. 8. Yuma Desalting Plant and 5-Mile Zone The Yuma Desalting Plant (YDP), completed in 1992 and located about 6 miles west of Yuma, Arizona, was constructed to enable the United States to comply with its water quality obligations under Minute No. 242, an extension of the 1944 Treaty with Mexico. Non-discretionary operation of the YDP to meet the salinity requirement of the water delivered to Mexico is not anticipated during the 5-year temporal scope of this assessment. Instead, this assessment addresses discretionary 1f3 operation of the YDP. Discretionary operation of the YDP at 1f3 capacity may occur to market approximately 26,200 acre-feet of the 110,000-132,000 acre feet of water currently discharged annually to the Cienega de Santa Clara (Cienega), a marsh complex located in Sonora, Mexico, near the Sea of Cortez. The 1f3 operation is addressed programmatically in this assessment because a specific plan and agreement for marketing the desalinated water have not been completed at this time. An Environmental Impact Statement (EIS) was completed in 1975 for implementing Title I of the Salinity Control Act which includes the YDP. All mitigation measures identified during the development of the EIS have been completed. However, operation of the YDP for any 34