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Section 1.0 <br />1.3 Background <br />Introduction and Background <br />The Secretary is vested with the responsibility of managing the mainstream waters of the <br />lower Colorado River pursuant to applicable federal law. This responsibility is carried out <br />consistent with the Law of the River.' The Colorado River Basin Project Act of 1968 <br />(CRBPA) directed the Secretary to adopt criteria for coordinated long-range operation of <br />reservoirs on the Colorado River in order to comply with and carry out the provisions of <br />the Colorado River Compact of 1922 (Compact), the Colorado River Storage Project Act <br />of 1956 (CRSP), the Boulder Canyon Project Act of 1928 and the United States-Mexico <br />Water Treaty of 1944. These criteria are commonly collectively referred to as the Long <br />Range Operating Criteria (LROC). The Secretary sponsors a formal review of the LROC <br />every five years. <br />The Secretary establishes an Annual Operating Plan (AOP) each year for the Colorado <br />River reservoirs. The AOP describes how Reclamation will manage the reservoirs over a <br />12-month period, consistent with the LROC, applicable Federal laws, the United States- <br />Mexico Water Treaty of 1944, interstate compacts, the 1964 Supreme Court Decree in <br />Arizona v. California (Decree), and other documents relating to the use of the waters of <br />the Colorado River. Further, as part of the AOP process, the Secretary makes annual <br />determinations on the extent to which the reasonable beneficial use requirements of <br />mainstream users in Arizona, California and Nevada (the Lower Division states) can be <br />met. Reclamation consults annually with the Colorado River Basin States, Indian Tribes, <br />and other interested parties in the development of the AOP. <br />In 2001, the Department of the Interior (Department) adopted Interim Surplus Guidelines <br />(66 FR 7772-7782) that are used by the Secretary in making annual determinations <br />regarding Normal and Surplus conditions for the operation of Lake Mead. Since <br />adoption, these Guidelines have, among other operational and management benefits, <br />provided the Department and entities in Arizona, California, and Nevada that rely on the <br />Colorado River greater predictability in identifying when Colorado River water in excess <br />of 7.5 million acre-feet (maf) will be available for use within these three states. A <br />Normal year is a year in which annual pumping and release from Lake Mead will be <br />sufficient to satisfy 7.5 maf of consumptive use in accordance with the Decree. A Surplus <br />year is a year in which water is available for pumping or release from Lake Mead to <br />satisfy greater than 7.5 maf of consumptive use, pursuant to Article II(B)(2) of the Decree <br />after consideration of relevant factors, including the factors listed in the LROC. Surplus <br />water is available to agencies that have contracted with the Secretary for delivery of <br />Surplus water, for use when their water need exceeds their basic entitlement, and when <br />the excess need cannot be met within the basic apportionment of their state subject to <br />availability. <br />1 The treaties, compacts, decrees, statutes, regulations, contracts and other legal documents and agreements <br />applicable to the allocation, appropriation, development, exportation and management of the waters of the <br />Colorado River Basin are often referred to as the "Law of the River." There is no single, universally- <br />agreed upon definition of the "Law of the River," but it is useful as a shorthand reference to describe this <br />longstanding and complex body of legal agreements governing the Colorado River. <br />1-2