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<br />Federal Register/Vol. 70, No. 59/Tuesday, March 29, 2005/Notices
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<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
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