WSP13003

• File Number: 8282.500
• Description: Coordinated Long Range Operation of Colorado River Reservoirs
• Basin: Colorado Mainstem
• Date: 3/29/2005
• Author: Federal Register
• Title: Long-Range Operating Criteria 6th Review Initiated 1/15/2002 Federal Register notice
• Water Supply Pro - Doc Type: Publication

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

15877

address judicial review of agency
decisionmaking.
The AP A addresses rulemaking. A
"rule" is defined as: "the whole or part
of an agency statement of general or
particular applicability and future effect
designed to implement, interpret, or
prescribe law or policy or describing the
organization, procedure, or practice
requirements of an agency * * *" 5
U.S.C. 551(4). Rulemaking is usually
referred to as either formal or informal.
While developed pursuant to specific
provisions of the Colorado River Basin
Project Act, the review of the Operating
Criteria should be categorized as
informal rulemaking.
Consistent with the AP A, Reclamation
has provided for public participation
and review of the Operating Criteria.
Reclamation has developed a thorough
administrative record. Notices regarding
five-year reviews are also publicly
noticed through the Federal Register.
All comment letters received and notes
from public meetings, as well as any
analysis performed by Reclamation, are
part of the public record. The public has
been kept informed of the intent of the
review and encouraged to participate.
The Department believes that it is
meeting the requirements of the AP A
and all actions are in accordance with
applicable federal law.
Comment No. 7-(Letter No.2): The
Quechan Tribe is also concerned about
the Operating Criteria's cumulative
effects on the Colorado River and on its
senior rights in the river when
considered with the many other federal
activities that affect the flow of the
Colorado River.
Response: See response to Comments
No.1 and 2.
Comment No. 8-(Letter No.2): The
Quechan Tribe requests that
Reclamation comply with the National
Environmental Policy Act if it (1)
modifies the Operating Criteria or (2)
determines that application of the
Operating Criteria has or will have
significant adverse effects (short- or
long-term) on the environment, the
tribe's water rights, or the Fort Yuma
Reservation.
Response: Reclamation complies with
the National Environmental Policy Act
(NEP A) with respect to its activities. In
the past, Reclamation elected to utilize
its NEP A process to evaluate the five-
year review process and any proposed
changes.
The Deparhnent is making a number
of changes to the Operating Criteria
through this notice that are editorial in
nature. These changes fall into several
categories: a minor textural addition,
textural clarification of facts, and
deletions of text referring to operational

requirements and/or other events
completed in the past. All of these
editorial changes are administrative in
nature and their implementation would
not individually or cumulatively have a
significant effect on the quality of the
human environment or tribal resources.
Reclamation has completed a
Categorical Exclusion checklist
supporting a Deparhnental Categorical
Exclusion for this action.
Comment No. 9-(Letter No.3): If
there is no Quantification Settlement
Agreement, Reclamation should review
the Operating Criteria to better achieve
the purposes of the 1922 Colorado River
Compact.
Response: The Deparhnent of the
Interior and the California entities
completed the Quantification
Settlement Agreement on October 10,
2003.
Comment No. lo-(Letter No.4):
National Park protection should be one
of the factors considered in
development of the annual plan of
operation (Article 1(2)), including
provisions for any experimental flows
necessary to meet the purposes of the
Grand Canyon Protection Act.
Response: Article I of the Operating
Criteria concerns the Annual Report. In
Article 1(2) it states: "The plan of
operation shall include such detailed
rules and quantities as may be necessary
and consistent with the criteria
contained herein, and shall reflect
appropriate consideration of the uses of
the reservoirs for all purposes, including
flood control, river regulation, beneficial
consumptive uses, power production,
water quality control, recreation,
enhancement of fish and wildlife, and
other environmental factors." Because
the Operating Criteria are "administered
consistent with applicable Federal
laws" (which include the Grand Canyon
Protection Act), National Park
protection is already currently
considered in the annual plan of
operation under the existing Operating
Criteria. See introductory paragraph of
Operating Criteria. Moreover,
Reclamation has promulgated Glen
Canyon Operating Criteria (and
operating plans) pursuant to the
requirements of section 1804(b) and (c)
ofthe Grand Canyon Protection Act that
specifically address the applicable
requirements of that Act. As provided in
the Grand Canyon Protection Act, these
Glen Canyon Operating Criteria (and
operating plans) are "separate from and
in addition to those specified in section
602(b) of the Colorado River Basin
Project Act of 1968," See Grand Canyon
Protection Act at section 1804(c)(1)(A).
The reference to section 602(b) is the
statutory provision which requires

preparation of the Colorado River
Annual Plan of Operation referenced in
Article 1(2) of the Operating Criteria.
Accordingly, the Deparhnent does not
believe that it is necessary for the
Operating Criteria to be specifically
modified to reflect that fact.
Comment No. 11-(Letters No.4 and
17): The Grand Canyon Protection Act
should be specifically mentioned as one
ofthe relevant factors to be considered
in the operation of Upper Basin
reservoirs (Article II(3)).
Response: The existing Operating
Criteria contain language stating that the
Operating Criteria are administered
consistent with applicable federal laws,
which by definition, includes the Grand
Canyon Protection Act. The Grand
Canyon Protection Act is not mentioned
explicitly in Article II(3), but is
considered in the context that it is an
applicable federal law. In addition, see
response to Comment No. 10.
Comment No. 12-(Letters No.4 and
17): With provisions now in place for
Beach/Habitat-Building Flows from
Glen Canyon Dam, Article II(4) is no
longer completely accurate as written.
We propose the following rewording:
"Annual releases will be made through
the powerplant to the extent practicable
except when above powerplant capacity
releases are determined by the
Secretary, after giving consideration to
other applicable factors, to be necessary
to meet the provisions of the Grand
Canyon Protection Act."
Response: The scheduling of Beach/
Habitat-Building Flows (BHBFs) from
Glen Canyon Dam has been
controversial since the mid-1990s. The
preferred alternative in the Final
Environmental Impact Statement for the
Operation of Glen Canyon Dam called
for BHBFs to take place when Lake
Powell storage was low. The Colorado
River Basin States expressed significant
reservations with that approach.
Subsequently, in the 1996 Record of
Decision, the Secretary of the Interior
adopted a strategy for scheduling BHBFs
that was anticipated to apply during
high-reservoir storage conditions and
that was based to a greater extent on
spill avoidance and dam safety
considerations. Through the Glen
Canyon Dam Adaptive Management
Program (AMP), BHBF triggering criteria
have been further defined based upon
spill avoidance and dam safety. These
BHBF triggering criteria are workable
and consistent with the Operating
Criteria.
In 2002, a sequence of experimental
flows was recommended by the AMP.
This AMP recommendation was
forwarded to the Secretary for her
consideration and was adopted in