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<br />Federal Register /Vol. 70, No. 59/ Tuesday, March 29, 2005/ Notices
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<br />15875
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<br />considered necessary as of September
<br />30 of each year to be in storage as
<br />required by section 602(a) of Pub. L. 90-
<br />537 (hereinafter "602(a) Storage"). The
<br />quantity of 602(a) Storage shall be
<br />determined by the Secretary after
<br />consideration of all applicable laws and
<br />relevant factors, including, but not
<br />limited to, the following:
<br />(a) Historic streamflows;
<br />(b) The most critical period ofrecord;
<br />(c) Probabilities of water supply;
<br />(d) Estimated future depletions of the
<br />upper basin, including the effects of
<br />recurrence of critical periods of water
<br />supply;
<br />(e) The "Report of the 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 Pub. L. 90-537.
<br />(2) If in the plan of operation, either:
<br />(a) the Upper Basin Storage Reservoirs
<br />active storage forecast for September 30
<br />of the current year is less than the
<br />quantity of 602(a) Storage determined
<br />by the Secretary under Article H(l)
<br />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 />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
<br />million 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 />(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 />
<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 H(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 />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(1)(b) of these Operating
<br />Criteria will be met.] <(Adopted: June
<br />10,1970, Deleted: March 21, 2005)>
<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 />H(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 />
<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 />(c) Shortage: The Secretary shall
<br />determine from time to time when
<br />insufficient mainstream water is
<br />available to satisfy annual consumptive
<br />use requirements of 7,500,000 acre-feet
<br />after consideration of all relevant
<br />factors, including, but not limited to, the
<br />following:
<br />(i) the requirements stated in Article
<br />1II(1) of these Operating Criteria;
<br />(H) actual and forecast quantities of
<br />active storage in Lake Mead;
<br />(Hi) estimate of net inflow to Lake
<br />Mead for the current year;
<br />(iv) historic streamflows, including
<br />the most critical period of record;
<br />(v) priorities set forth in Article H(A)
<br />ofthe decree in Arizona v. California;
<br />and
<br />(vi) the purposes stated in Article 1(2)
<br />of these Operating Criteria.
<br />The shortage provisions of Article
<br />II(B)(3) of the decree in Arizona v.
<br />California shall thereupon become
<br />effective and consumptive uses from the
<br />mainstream shall be restricted to the
<br />extent determined by the Secretary to be
<br />required by section 301(b) of Public Law
<br />90-537.
<br />
<br />IV. Definitions
<br />
<br />(1) In addition to the definitions in
<br />section 606 of Public Law 90-537, the
<br />following shall also apply:
<br />(a) "Spills," as used in Article II(3)(c)
<br />herein, means water released from Lake
<br />Powell which cannot be utilized for
<br />project purposes, including, but not
<br />limited to, the generation of power and
<br />energy.
<br />(b) "Surplus," as used in Article
<br />III(3)(b) herein, is water which can be
<br />used to meet consumptive use
<br />[demands] in the three Lower Division
<br />States in excess of 7,500,000 acre-feet
<br />annually. The term "surplus" as used in
<br />these Operating Criteria is not to be
<br />construed as applied to, being
<br />interpretive of, or in any manner having
<br />reference to the term "surplus" in
<br /><either> the Colorado River Compact
<br /><or the 1944 Mexican Treaty>.
<br />(c) "Net inflow to Lake Mead," as
<br />used in Article III(3)(b)(iv) and (c)(iii)
<br />herein, represents the annual inflow to
<br />Lake Mead in excess of losses from Lake
<br />Mead.
<br />(d) "Available capability," used in
<br />Article H(4) herein, means that portion
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