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<br />15 <br /> <br /> <br />I. <br /> <br />Response: See response to Comments No.1 and 2. <br /> <br />Comment No.8 - (Letter No.2): The Quechan Tribe requests that Reclamation comply <br />with the National Environmental Policy Act if it (1) modifies the Operating Criteria or (2) <br />determines that application of the Operating Criteria has or will have significant adverse. <br />effects (short- or long-term) on the environment, the tribe's water rights, or the Fort <br />Yuma Reservation. <br /> <br />Response: Reclamation complies with the National Environmental Policy Act (NEPA) <br />with respect to its activities. In the past, Reclamation elected to utilize its NEP A process <br />to evaluate the five-year review process and any proposed changes. <br /> <br />The Department is making a number of changes to the Operating Criteria through this <br />notice that are editorial in nature. These changes fall into several categories: a minor <br />textural addition, textural clarification of facts, and deletions of text referring to <br />operational requirements and/or other events completed in the past. All ofthese editorial <br />changes are administrative in nature and their implementation would not individually or <br />cumulatively have a significant effect on the quality of the human environment or tribal <br />resources. Reclamation has completed a Categorical Exclusion checklist supporting a <br />Departmental Categorical Exclusion for this action. <br /> <br />Comment No.9 - (Letter No.3): If there is no Quantification Settlement Agreement, <br />Reclamation should review the Operating Criteria to better achieve the purposes of the <br />1922 Colorado River Compact. <br /> <br />Response: The Department of the Interior and the California entities completed the <br />Quantification Settlement Agreement on October. 10, 2003. <br /> <br />Comment No. 10- (Letter No.4): National Park protection should be one of the factors <br />considered in development of the annual plan of operation (Article 1(2)), including <br />provisions for any experimental flows necessary to meet the purposes of the Grand <br />Canyon Protection Act. <br /> <br />Response: Article I of the Operating Criteria concerns t4e Annual Report. In Article 1(2) <br />it states: "The plan of operation shall include such detailed rules and quantities as may be <br />necessary and consistent with the criteria contained herein, and shall reflect appropriate <br />consideration of the uses of the reservoirs for all purposes, including flood control, river <br />regulation, beneficial consumptive uses, power production, water quality control, <br />recreation, enhancement of fish and wildlife, and other environmental factors." Because <br />the Operating Criteria are "administered consistent with applicable Federal laws" (which <br />include the Grand Canyon Protection Act), National Park protection is already currently <br />considered in the annual plan of operation under the existing Operating Criteria. See <br />introductory paragraph of Operating Criteria. Moreover, Reclamation has promulgated <br />Glen Canyon Operating Criteria (and operating plans) pursuant to the requirements of 99 <br />1804(b) and (c) ofthe Grand Canyon Protection Act that specifically address the <br />