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I I I I t I I , I I I I I I I I I , I BIOLOGICAL OPINION Proposed Action · determining the amount that water orders are reduced to reasonably meet beneficial use requirements. Although the Secretary may have limited discretion over such determinations as non-use, non- beneficial use, or water conservation, the Secretary has no effective meaningful discretion over meeting an entitlement holder's valid request for water for beneficial use. Other than the beneficial- use determinations outlined above, the discretionary actions associated with the use of Colorado River water relate to non-consumptive water uses for which Reclamation is not prohibited by law. For example, such non-consumptive uses could include recreation on the reservoirs and the Colorado River, increased flushing flows at Topock Marsh, and fish habitat within or adjacent to the mainstream of the Colorado River. If any of the activ ities would have a consumptive use, the party responsible for the use would have to acquire a water entitlement to account for the water consumptively used as required by the Court decree. c. Annual Operating Plan Each year, Reclamation consults with the lower basin States, the Indian Tribes, and Colorado River water users regarding water conservation and the use of Colorado River water. Reclamation's authority for such activities is found in section 602 of the Colorado River Basin Project Act. Reclamation also may review specific uses under 43 CFR 417 which provides the authority for Reclamation to conduct consultations with each public or private organization that is entitled to Colorado River water. Water users are contacted by Reclamation to discuss water needs and are requested to furnish monthly estimates for the upcoming year. The purposes of the consultations are to make annual recommendations relating to water conservation measures and operating practices in the use of Colorado River water and to determine if estimated water requirements for the next year will exceed reasonable beneficial use. All of the information gathered is used to develop an Annual Operating Plan (AOP) as required by the Colorado River Basin Project Act, after taking into consideration probable runoff, depletions, and consumptive uses. The AOP is formulated for the upcoming year under a variety of possible conditions. The plan is developed based on projected requirements, existing storage conditions, and probable inflows. It is prepared by Reclamation, acting on behalf of the Secretary, in cooperation with the seven basin States (CA, AZ, NV, NM, UT, CO, and WY), other Federal agencies, Indian tribes, State and local agencies, and the general public, including environmental interests. The AOP is designed to govern the general operation of the river system on a seas onal and annual basis and specifies, as an objective, the minimum amount of water to be released from Lake Powell through Glen Canyon Dam for the year. The AOP determines whether demands will be met according to shortage, surplus, or normal water year supply conditions. A forecast of water supply, reported water use to date, and projected water use for the year is produced monthly as the 17