8031

• UCREFRP Catalog Number: 8031
• Author: U.S. Department of the Interior.
• Title: Fish and Wildlife Service Final Biological and Conference Opinion on Lower Colorado River Operations and Maintenance - Lake Mead to Southerly International Boundary.
• USFW Year: 1997.
• USFW - Doc Type: \
• Copyright Material: NO

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BIOLOGICAL OPINION

Proposed Action

· California water uses from Lake Havasu totaling 1.2 maf.

· Arizona water uses from Lake Havasu via the Central Arizona Project totaling 1.5
maf (addressed in previous consultations).

· Power to California and Arizona from Parker Dam.

· Municipal and irrigation water to California users between Parker Dam and the
Northerly International Boundary (NIB) totaling 3.9 maf.

· Municipal and irrigation water uses to Arizona users between Parker Dam and the
SIB totaling 1.3 maf.

· Mexico water uses of 1.5 maf.

Management of Colorado River water resources is a complex undertaking involving physical,
biological, socioeconomic, and legal considerations. Management of the river is governed by an
international treaty with Mexico and several official Minutes of meetings of the International
Boundary and Water Commission (IBWC), two major interstate compacts, a Decree of the U.S.
Supreme Court, various statutes, and contracts between the United States and water and power
customers. These collectively are known as the "Law of the River" (Table 2). Reclamation serves
as custodian for the Secretary of the Interior (Secretary) in his role as the Watermaster.
Reclamation is obligated to deliver, when available, at least 9.0 maf of water annually to the lower
basin states and Mexico. As Watermaster, the Secretary's three operational priorities are: 1) river
regulation, improvement of navigation, and flood control, 2) irrigation and domestic uses,
including the satisfaction of present perfected water rights, and 3) power generation. Through
Article II of the 1964 U.S. Supreme Court Decree in Arizona vs. California, the United States and
its officers, attorneys, agents, and employees are enjoined from operating its LCR facilities for
purposes other than these three priorities. (Detailed descriptions of these facilities and related
structures are provided in Appendix D of the BA.) Reclamation's routine operation and
maintenance activities necessary to meet these requirements, and its discretion in carrying out these
activities, are covered by this consultation.

In Table 1, at the end of this section, Reclamation acknowledges that in seven instances, it has
"limited discretion" over certain operations and maintenance activities. What the precise
limitations are, what agencies or groups have the remaining discretion, and how that discretion is
exercised, remains unclear. The Service received a memorandum from the LCR Regional Director
of Reclamation dated February 4, 1997. This memorandum clarified that "for all practical
purposes and to all measurable effects" Reclamation l,acks discretion over the management of

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