Laserfiche WebLink
<br />15874 <br /> <br />e <br /> <br />e <br /> <br />Federal Register/Vol. 70, No. 59/Tuesday, March 29, 2005/Notices <br /> <br />identify any new issues, (3) answer <br />questions from interested parties, and <br />(4) update the public on the remainder <br />of the review process. This meeting was <br />considered a formal consultation with <br />the seven Basin States, interested parties <br />and stakeholders, as well as <br />government -to-government consultation <br />with tribal representatives as described <br />in the November 3, 2004, Federal <br />Register notice. <br />During the comment period ending <br />December 6, 2004, written comments <br />were received from 11 interested <br />parties. The names of the parties that <br />provided comments, as well as the <br />corresponding number assigned by <br />Reclamation to the comment letter, are <br />as follows: <br />17. Sierra Club, High Country <br />Citizens' Alliance. <br />18. Upper Colorado River <br />Commission. <br />19. Friends of Lake Powell. <br />20. Bryon C. Johns. <br />21. State of Utah, Department of <br />Natural Resources, Division of Water <br />Resources. <br />22. Page Electric Utility. <br />23. Colorado Water Conservation <br />Board, State of Colorado. <br />24. City of Page, Arizona. <br />25. Grand Canyon Trust. <br />26. Metropolitan Water District of <br />Southern California. <br />27. Colorado River Board of <br />California. <br />The additional comment letters were <br />reviewed for identification of and <br />analysis of the issues. Responses to all <br />of the comments received, as well as the <br />corresponding number ofthe party that <br />made the comment, are provided under <br />the Synopsis of Comments and <br />Responses section of this notice. <br />Following analysis of all comments <br />received as a result of this review, the <br />National Environmental Policy Act was <br />applied to the Secretary's proposed final <br />decision. It was determined that the <br />proposed modifications to the text of the <br />Operating Criteria were administrative <br />in nature and did not constitute a major <br />federal action significantly affecting the <br />quality of the human environment. <br />Therefore, a Categorical Exclusion was <br />prepared by Reclamation. <br />Background: The Operating Criteria, <br />promulgated pursuant to section 602 of <br />the 1968 Colorado River Basin Project <br />Act (Pub. L. 90-537), were published in <br />the Federal Register on June 10, 1970 <br />(35 FR 8951). In order to comply with <br />and carry out the provisions of the <br />Colorado River Compact, the Upper <br />Colorado River Basin Compact, and the <br />Mexican Water Treaty, the Operating <br />Criteria provide for the coordinated <br />long-range operation of the reservoirs <br /> <br />constructed and operated under the <br />authority of the Colorado River Storage <br />Project Act, the Boulder Canyon Project <br />Act, and the Boulder Canyon Project <br />Adjustment Act. The Operating Criteria <br />state that the Secretary will sponsor a <br />formal review of the Operating Criteria <br />at least every five years with <br />participation by Colorado River Basin <br />State representatives as each Governor <br />may designate and other parties and <br />agencies as the Secretary may deem <br />appropriate. As required by Public Law <br />102-575 (the Grand Canyon Protection <br />Act of 1992), the Secretary also consults <br />in this review process with the general <br />public including representatives of <br />academic and scientific communities, <br />environmental organizations, the <br />recreation industry, and contractors for <br />the purchase of federal power produced <br />at Glen Canyon Dam. <br />Previous reviews of the Operating <br />Criteria were conducted in 1975, 1980, <br />1985,1990, and 1995. These reviews <br />did not propose any changes to the <br />Operating Criteria. Prior to 1990, <br />reviews were conducted primarily <br />through meetings with and <br />correspondence among representatives <br />of the seven Basin States and <br />Reclamation. Because the long-range <br />operation of Colorado River reservoirs is <br />important to many agencies and <br />individuals, in 1990, through an active <br />public involvement process, <br />Reclamation expanded the review of the <br />Operating Criteria to include all <br />interested stakeholders. A team <br />consisting of Reclamation staff from Salt <br />Lake City, Utah, and Boulder City, <br />Nevada, was organized to conduct the <br />1995 review. For the current review, <br />Reclamation staff from Boulder City and <br />Salt Lake City followed a similar public <br />process. <br />The scope of the review has been <br />consistent with the statutory purposes <br />of the Operating Criteria which are "to <br />comply with and carry out the <br />provisions of the Colorado River <br />Compact, Upper Colorado River Basin <br />Compact, and Mexican Water Treaty" <br />43 U.S.c. 1552(a). Long-range <br />operations generally refer to the <br />planning of reservoir operations over <br />several decades, as opposed to the <br />Annual Operating Plan which details <br />specific reservoir operations for the next <br />operating year, as required by 43 U.S.C. <br />1552(b). <br />Modifications to the Operating <br />Criteria: As a result of this review, the <br />following modifications will be made to <br />the Operating Criteria (additions are <br />shown bolded inside of less than or <br />greater than signs < > and deletions are <br />shown bolded inside of brackets []): <br /> <br />Long-Range Operating Criteria <br /> <br />Amended March 21, 2005 <br /> <br />Criteria for Coordinated Long-Range <br />Operation of Colorado River Reservoirs <br />Pursuant to the Colorado River Basin <br />Project Act of September 30, 1968 (Pub. <br />L. 90-537) <br /> <br />These Operating Criteria are <br />promulgated in compliance with section <br />602 of Public Law 90-537. They are to <br />control the coordinated long-range <br />operation of the storage reservoirs in the <br />Colorado River Basin constructed under <br />the authority of the Colorado River <br />Storage Act (hereinafter "Upper Basin <br />Storage Reservoirs") and the Boulder <br />Canyon Project Act (Lake Mead). The <br />Operating Criteria will be administered <br />consistent with applicable Federal laws, <br />the Mexican Water Treaty, interstate <br />compacts, and decrees relating to the <br />use of the waters of the Colorado 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 Pub. L. 90-537. The Secretary <br />will sponsor a formal <public> 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 be advised of any changes by June <br />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 />