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<br />Colorado River Annual Operating Plan (AOP) calls for an April 2005 mid-year review of <br />the 2005 annual release amount from Lake Powell to determine if the runoff forecast <br />warrants an adjustment to the annual release for water year 2005. <br /> <br />Determinations of Upper Basin annual deliveries (annual releases from Lake Powell) are <br />made in the AOP. The AOP is prepared each year by the Department of the Interior <br />through the Bureau of Reclamation in consultation with the seven Basin States <br />Governors' representatives; the Upper Colorado River Commission; Native American <br />tribes; appropriate federal agencies; representatives of the academic and scientific <br />communities, environmental organizations, and the recreation industry; water delivery <br />contractors; contractors for the purchase of federal power; others interested in Colorado <br />River operations; and the general public through the Colorado River Management Work <br />Group. The Department, through.Reclamation, will continue to address issues related to <br />low reservoir storage caused by drought in the AOP consultation process. <br /> <br />Comment No. 35 -" (Letter No. 18): Decisions regarding the timing for the next review <br />should be left open. <br /> <br />Response: The Department has made no decision regarding the timing of the next review <br />of the Operating Criteria. <br /> <br />Comment No. 36 - (Letter No. 19): It is critical for the Operating Criteria for reservoir <br />operations to uphold the intent of the 1922 Colorado River Compact. The Operating <br />Criteria should be flexible and responsive to variations in hydrologic conditions, and <br />should not jeopardize the interests ofthe Upper Basin. . <br /> <br />Response: See response to Comment No. 34. <br /> <br />COnUnent No. 37 - (Letter No. 19): The 1922 Colorado River Compact anticipating <br />fluctuating hydrologic conditions specified Upper Basin water deliveries as a 10-year <br />progressive series. We note that the existing Operating Criteria dictate the minimal <br />annual release of 8.23 million acre-feet which is counter to Article III( d) of the 1922 <br />Colorado River Compact. <br /> <br />Response: See response to Comment No. 34. <br /> <br />Comment No. 38 - (Letter No. 19): We are also concerned that the Operating Criteria <br />contain a requirement to equalize Lake Mead with Lake Powell during times of Upper <br />Basin water surpluses, but that there are no provisions to equalize the level of Lake <br />Powell with Lake Mead during times of Upper Basin drought for so long as the Upper <br />Basin is conditionally satisfying its 10-year water delivery obligations. <br /> <br />23 <br /> <br /> <br />Response: Article II(3) ofthe Operating Criteria contains a requirement that releases <br />greater than 8.23 million acre-feet be made only when reservoir storage in the Upper <br />