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<br />,1" <br /> <br /><:}-"',. ,,', <br /> <br />:~ '."'!i,:~:_n ": ~ ' <br /> <br />UPPER COLORADO RIVER COMMISSION <br /> <br />3$ 5 South FOUTth East Street <br />&lIt Lal{e City, Utah 84111 <br /> <br />June 19, 1973 <br /> <br />MEMORANDUM <br /> <br />SUBJECT: <br /> <br />Construction of Section 602, Public Law 90-537. <br /> <br />The Bureau of Reclamation has proposed new operating procedures <br /> <br />for the operation of Lake Powell during the next year. This proposed <br /> <br />procedure will cause a release of water in excess of 8.2+ maf. This <br /> <br />raises the issue as to whether I under the present fact situation and the <br /> <br />requirements of Public Law 90-537, Section 602, this new procedure may <br /> <br />be illegal, Apparently the Bureau of Reclamation intends to rely upon <br /> <br />some claim of "inherent discretion" which rests in the Secretary of the <br /> <br />Interior. This memorandum will attempt to explore the legislative history <br /> <br />of Section 602 and determine whether such discretion exists in fact or <br /> <br />is I in reality I a myth conjured by Bureau personnel to justify this illegal <br /> <br />act. <br /> <br />Section 602 was a result of compromise between the Upper and <br /> <br />Lower Basin States with respect to the operation of Lake Powell, The <br />