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<br />Federal Register/Vol. 67, No. 44/Wednesday, March 6, 2002/Notices
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<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.
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