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<br />10226 <br /> <br />e <br /> <br />Federal Register/Vol. 67, No. 44/Wednesday, March 6, 2002/Notices <br /> <br />e <br /> <br />Section 602 of Public Law 90-537. They <br />are to control the coordinated long- <br />range operation of the storage reservoirs <br />in the Colorado River Basin constructed <br />under the authority of the Colorado <br />River Storage Project Act (hereinafter <br />"Upper Basin Storage Reservoirs") and <br />the Boulder Canyon Project Act (Lake <br />Mead). The Operating Criteria will be <br />administered consistent with applicable <br />Federal laws, the Mexican Water Treaty, <br />interstate compacts, and decrees relating <br />to the use of the waters of the Colorado <br />River. <br />The Secretary of the Interior <br />(hereinafter the "Secretary") may <br />modify the Operating Criteria from time <br />to time in accordance with Section <br />602(b) of Public Law 90-537. The <br />Secretary will sponsor a formal review <br />of the Operating Criteria at least every <br />5 years, with participation by State <br />representatives as each Governor may <br />designate and such other parties and <br />agencies as the Secretary may deem <br />appropriate. <br /> <br />I. Annual Report <br /> <br />(1) On January 1, 1972, and on <br />January 1 of each year thereafter, the <br />Secretary shall transmit to the Congress <br />and to the Governors of the Colorado <br />River Basin States a report describing <br />the actual operation under the adopted <br />criteria for the preceding compact water <br />year and the projected plan of operation <br />for the current year. <br />(2) The plan of operation shall <br />include such detailed rules and <br />quantities as may be necessary and <br />consistent with the criteria contained <br />herein, and shall reflect appropriate <br />consideration of the uses of the <br />reservoirs for all purposes, including <br />flood control, river regulation, beneficial <br />consumptive uses, power production, <br />water quality control, recreation, <br />enhancement of fish and wildlife, and <br />other environmental factors. The <br />projected plan of operation may be <br />revised to reflect the current hydrologic <br />conditions, and the Congress and the <br />Governors of the Colorado River Basin <br />States shall be advised of any changes <br />by June of each year. <br /> <br />II. Operation of Upper Basin Reservoirs <br /> <br />(1) The annual plan of operation shall <br />include a determination by the <br />Secretary of the quantity of water <br />considered necessary as of September <br />30 of that year to be in storage as <br />required by Section 602(a) of Public <br />Law 90-537 (hereinafter "602(a) <br />Storage"). The quantity of 602 (a) Storage <br />shall be determined by the Secretary <br />after consideration of all applicable laws <br />and relevant factors, including, but not <br />. limited to, the following: <br /> <br />(a) Historic streamflows; <br />(b) The most critical period of record; <br />(c) Probabilities of water supply; <br />(d) Estimated future depletions in the <br />upper basin, including the effects of <br />recurrence of critical periods of water <br />supply; <br />(e) The "Report ofthe Committee on <br />Probabilities and Test Studies to the <br />Task Force on Operating Criteria for the <br />Colorado River," dated October 30, <br />1969, and such additional studies as the <br />Secretary deems necessary; <br />(f) The necessity to assure that upper <br />basin consumptive uses not be impaired <br />because of failure to store sufficient <br />water to assure deliveries under Section <br />602(a)(1) and (2) of Public Law 90-537. <br />(2) If, in the plan of operation, either: <br />(a) The Upper Basin Storage <br />Reservoirs active storage forecast for <br />September 30 of the current year is less <br />than the quantity of 602(a) Storage <br />determined by the Secretary under <br />Article II(1) hereof, for that date; or <br />(b) The Lake Powell active storage <br />forecast for that date is less than the <br />Lake Mead active storage forecast for <br />that date: <br /> <br />the objective shall be to maintain a <br />minimum release of water from Lake <br />Powell of 8.23 million acre-feet for that <br />year. However, for the years ending <br />September 30,1971 and 1972, the <br />release may be greater than 8.23 million <br />acre-feet if necessary to deliver <br />75,000,000 acre-feet at Lee Ferry for the <br />10-year period ending September 30, <br />1972. <br /> <br />(3) If, in the plan of operation, the <br />Upper Basin Storage Reservoirs active <br />storage forecast for September 30 of the <br />current water year is greater than the <br />quantity of 602(a) Storage determination <br />for that date, water shall be released <br />annually from Lake Powell at a rate <br />greater than 8.23 million acre-feet per <br />year to the extent necessary to <br />accomplish any or all of the following <br />objectives: <br />(a) To the extent it can be reasonably <br />applied in the States of the Lower <br />Division to the uses specified in Article <br />III(e) of the Colorado River Compact, but <br />no such releases shall be made when the <br />active storage in Lake Powell is less <br />than the active storage in Lake Mead, <br />(b) To maintain, as nearly as <br />practicable, active storage in Lake Mead <br />equal to the active storage in Lake <br />Powell, and <br />(c) To avoid anticipated spills from <br />Lake Powell. <br />(4) In the application of Article II(3)(b) <br />herein, the annual release will be made <br />to the extent that it can be passed <br />through Glen Canyon Powerplant when <br />operated at the available capability of <br /> <br />the powerplant. Any water thus retained <br />in Lake Powell to avoid bypass of water <br />at the Glen Canyon Powerplant will be <br />released through the Glen Canyon <br />Powerplant as soon as practicable to <br />equalize the active storage in Lake <br />Powell and Lake Mead. <br />(5) Releases from Lake Powell <br />pursuant to these criteria shall not <br />prejudice the position of either the <br />upper or lower basin interests with <br />respect to required deliveries at Lee <br />Ferry pursuant to the Colorado River <br />Compact. <br /> <br />III. Operation of Lake Mead <br /> <br />(1) Water released from Lake Powell, <br />plus the tributary inflows between Lake <br />Powell and Lake Mead, shall be <br />regulated in Lake Mead and either <br />pumped from Lake Mead or released to <br />the Colorado River to meet requirements <br />as follows: <br />(a) Mexican Treaty obligations; <br />(b) Reasonable consumptive use <br />requirements of mainstream users in the <br />Lower Basin; <br />(c) Net river losses; <br />(d) Net reservoir losses; <br />(e) Regulatory wastes. <br />(2) Until such time as mainstream <br />water is delivered by means of the <br />Central Arizona Project, the <br />consumptive use requirements of <br />Article III(l)(b) of these Operating <br />Criteria will be met. <br />(3) After commencement of delivery <br />of mainstream water by means of the <br />Central Arizona Project, the <br />consumptive use requirements of <br />Article III(l)(b) of these Operating <br />Criteria will be met to the following <br />extent: <br />(a) Normal: The annual pumping and <br />release from Lake Mead will be <br />sufficient to satisfy 7,500,000 acre-feet <br />of annual consumptive use in <br />accordance with the decree in Arizona <br />v. California, 376 U.S. 340 (1964). <br />(b) Surplus: The Secretary shall <br />determine from time to time when water <br />in quantities greater than "Normal" is <br />available for either pumping or release <br />from Lake Mead pursuant to Article <br />II(b)(2) of the decree in Arizona v. <br />California after consideration of all <br />relevant factors, including, but not <br />limited to, the following: <br />(i) The requirements stated in Article <br />III(l) of these Operating Criteria; <br />(H) Requests for water by holders of <br />water delivery contracts with the United <br />States, and of other rights recognized in <br />the decree in Arizona v. California; <br />(Hi) Actual and forecast quantities of <br />active storage in Lake Mead and the <br />Upper Basin Storage Reservoirs; and <br />(iv) Estimated net inflow to Lake <br />Mead. <br />