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

(1) If sufficient mainstream water is available for release, as determined by the
Secretary of the Interior, to satisfy 7,500,000 acre-feet of annual consumptive use
in the aforesaid three states, then of such 7,500,000 acre-feet of consumptive use,
there shall be apportioned 2,800,000 acre-feet for use in Arizona, 4,400,000 acre-
feet for use in California, and 300,000 acre-feet for use in Nevada; and

(2) If sufficient mainstream water is available for release, as determined by the
Secretary of the Interior, to satisfy annual consumptive use in the aforesaid states
in excess of 7,500,000 acre-feet, such excess consumptive use is surplus, and 50%
thereof shall be apportioned for use in Arizona and 50 % for use in California;
provided, however, that if the United States so contracts with Nevada, then 46 % 0 f
such surplus shall be apportioned for use in Arizona and 4 % for use in Nevada;"
Surplus declarations are described more fully under "Annual Operating Plan",
below.

Similarly, if a State will not use all of its apportioned water for the year, the Secretary may allow
the other States to use the unused apportionment in that year. The unused apportionment water can
be used when declared available by the Secretary; the use must be provided for by a contract with
the Secretary and must be considered a beneficial use. Beneficial use is described as all uses of
Colorado River water which are: (1) for non-Federal entitlement holders, consistent with relevant
State law, or as otherwise permitted by the Secretary; (2) for non-Indian Federal entitlement
holders, consistent with decreed entitlements, applicable contracts, administrative reservations of
water entitlements, or the purposes for which the reservations were created; and (3) for Indian
Federal entitlement holders, consistent with relevant Federal and tribal laws .

The Secretary is responsible for managing the lower basin and for providing for the delivery of
Colorado River water entitlements to entitlement holders. When an entitlement holder schedules
water in a normal year or surplus year, the Secretary has no option but to deliver the water as
prescribed by law and contract in the amounts and at the times requested, so long as it does not
exceed that reasonably required for beneficial consumptive use. Deliveries of Colorado River
water will not exceed those reasonably required for beneficial use, however, the Regional Director
of Reclamation's Lower Colorado Region, on behalf of the Secretary, may make annual
determinations as to whether beneficial use requirements are being met. In this regard,
Reclamation has discretion regarding:

· determining which water contractors will be consulted (may exclude contractors and
permittees of small quantities of water and contractors for municipal and industrial water);

· determining if water orders are, or are not, within that reasonably required for beneficial
use; and,

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