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<br />15880 <br /> <br />e <br /> <br />Federal Register /Vol. 70, No. 59/Tuesday, March 29, 2005/Notices <br /> <br />e <br /> <br />believes that neither the structure, <br />format, nor content of the Operating <br />Criteria require significant revisions as a <br />result of actual operating experience. By <br />this Federal Register notice, based on <br />information submitted for review by the <br />Department of the Interior, the Secretary <br />has made a number of limited <br />modifications to the text of the <br />Operating Criteria. The bases for the <br />changes are: (1) Specific change in <br />Federal law applicable to the Operating <br />Criteria, (2) language in the current text <br />of the Operating Criteria that is <br />outdated, and (3) specific modifications <br />to Article IV(b) of the Operating Criteria <br />that reflect actual operating experience. <br />Comment No. 33-(Letter No. 18): We <br />do not object to the changes proposed in <br />the Federal Register notice. <br />Response: Comment noted. <br />Comment No. 34-(Letter No. 18): The <br />Upper Colorado River Commission does <br />not endorse the assumption and <br />objective in the Operating Criteria of a <br />minimum release of water from Lake <br />Powell of 8.23 million acre-feet every <br />year. If such a number is used in the <br />Operating Criteria, it must be <br />understood that this is a planning <br />objective which may be modified in the <br />Annual Operating Plan (AOP) to reflect <br />current conditions and in accordance <br />with Colorado River Compact <br />requirements. We remain concerned <br />about the drought and depletion of <br />storage at Lake Powell. It is imperative <br />that the Operating Criteria be <br />interpreted to have sufficient flexibility <br />to allow for modifications in the AOP as <br />needed to reflect critical conditions and <br />Colorado River Compact requirements. <br />Response: Article III of the Colorado <br />River Compact contains several <br />provisions relating to the release of <br />water from the Upper Basin to the <br />Lower Basin. The specification of a <br />minimum annual release objective from <br />Glen Canyon Dam is found only in <br />Article 1I(2) of the Operating Criteria <br />which states that" * * * the objective <br />shall be to maintain a minimum release <br />of water from Lake Powell of 8.23 <br />million acre-feet * * *." <br />Because the minimum annual release <br />objective is higher than inflow during <br />periods of drought, storage in Lake <br />Powell is drawn down during a drought. <br />The more severe the drought, the more <br />significant the drawdown is at Lake <br />Powell. Storage in Lake Powell recovers <br />during normal or wet years. Lake Mead <br />storage decreases during drought as <br />well, but does so at a slower rate <br />because of the presence of the minimum <br />annual release objective from Lake <br />Powell. <br />Representatives of the seven Colorado <br />River Basin States, Reclamation, and the <br /> <br />Western Area Power Administration are <br />investigating impacts of prolonged <br />drought where reducing the release from <br />Lake Powell below the 8.23 million <br />acre-foot per year objective would <br />protect the minimum power pool at <br />Lake Powell and the water supply for <br />the Upper Division States of Colorado, <br />New Mexico, Utah, and Wyoming. The <br />2005 Colorado River Annual Operating <br />Plan (AOP) calls for an April 2005 mid- <br />year review of the 2005 annual release <br />amount from Lake Powell to determine <br />if the runoff forecast warrants an <br />adjustment to the annual release for <br />water year 2005. <br />Determinations of Upper Basin annual <br />deliveries (annual releases from Lake <br />Powell) are made in the AOP. The AOP <br />is prepared each year by the Deparhnent <br />of the Interior through the Bureau of <br />Reclamation in consultation with the <br />seven Basin States Governors' <br />representatives; the Upper Colorado <br />River Commission; Native American <br />tribes; appropriate federal agencies; <br />representatives of the academic and <br />scientific communities, environmental <br />organizations, and the recreation <br />industry; water delivery contractors; <br />contractors for the purchase of federal <br />power; others interested in Colorado <br />River operations; and the general public <br />through the Colorado River Management <br />Work Group. The Department, through <br />Reclamation, will continue to address <br />issues related to low reservoir storage <br />caused by drought in the AOP <br />consultation process. <br />Comment No. 35-(Letter No. 18): <br />Decisions regarding the timing for the <br />next review should be left open. <br />Response: The Department has made <br />no decision regarding the timing of the <br />next review of the Operating Criteria. <br />Comment No. 36-(Letter No. 19): It is <br />critical for the Operating Criteria for <br />reservoir operations to uphold the intent <br />of the 1922 Colorado River Compact. <br />The Operating Criteria should be <br />flexible and responsive to variations in <br />hydrologic conditions, and should not <br />jeopardize the interests of the Upper <br />Basin. <br />Response: See response to Comment <br />No. 34. <br />Comment No. 37-(Letter No. 19): The <br />1922 Colorado River Compact <br />anticipating fluctuating hydrologic <br />conditions specified Upper Basin water <br />deliveries as a 10-year progressive <br />series. We note that the existing <br />Operating Criteria dictate the minimal <br />annual release of 8.23 million acre-feet <br />which is counter to Article III(d) ofthe <br />1922 Colorado River Compact. <br />Response: See response to Comment <br />No. 34. <br /> <br />Comment No. 38-(Letter No. 19): We <br />are also concerned that the Operating <br />Criteria contain a requirement to <br />equalize Lake Mead with Lake Powell <br />during times of Upper Basiu water <br />surpluses, but that there are no <br />provisions to equalize the level of Lake <br />Powell with Lake Mead during times of <br />Upper Basin drought for so long as the <br />Upper Basin is conditionally satisfying <br />its 10-year water delivery obligations. <br />Response: Article 1I(3) of the <br />Operating Criteria contains a <br />requirement that releases greater than <br />8.23 million acre-feet be made only <br />when reservoir storage in the Upper <br />Basin is greater than 602(a) Storage. <br />Article 1I( 1) of the Operating Criteria <br />describes 602(a) Storage. <br />There is no provision in the Operating <br />Criteria to equalize the level of Lake <br />Powell with Lake Mead during times of <br />drought when reservoir storage in Lake <br />Powell is lower than Lake Mead. <br />However, river simulation modeling of <br />the Colorado River system shows that in <br />the future there will be times when Lake <br />Powell storage will be greater than Lake <br />Mead. This will occur because of the <br />application of 602(a) Storage provisions. <br />See Colorado River Basin Project Act at <br />section 602(a). Following a drought, the <br />602(a) Storage provision in the <br />Operating Criteria allows Lake Powell to <br />refill to a level sufficient to protect the <br />Upper Basin from future droughts. <br />Releases greater than the objective <br />minimum are not made from Lake <br />Powell until this level of storage is <br />achieved. It is likely that when the <br />current drought comes to an end, during <br />a year (or series of years) with above <br />average inflow to Lake Powell, reservoir <br />storage in Lake Powell will exceed that <br />of Lake Mead. <br />In 2004, an Interim 602(a) Storage <br />Guideline was adopted that set 14.85 <br />million acre-feet of storage (elevation <br />3,630 feet) at Lake Powell as the <br />minimum level for 602(a) Storage <br />through the year 2016. See 69 FR 28945 <br />(May 19,2004). Under this interim <br />guideline, releases greater than the <br />minimum objective release will not be <br />made when Lake Powell is projected to <br />be below elevation 3,630 feet. Thus, <br />while Lake Powell storage decreases <br />faster than Lake Mead during periods of <br />drought, the 602(a) Storage provision <br />allows Lake Powell storage to rebound <br />quicker than Lake Mead when there is <br />a return to average or wetter than <br />average hydrology. In addition, see <br />response to Comment No. 34. <br />Comment No. 39-(Letter No. 19): <br />Presently, there exists a large imbalance <br />between the water volumes in Lake <br />Mead and Lake Powell (14.3 million <br />acre-feet to 8.8 million acre-feet), which <br />