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UPDATING THE HOOVER DAM DOCUMENTS
<br />storage of water in Upper Basin reservoirs and Lake Mead and the release of water therefrom in accordance
<br />with Section 602 of Public Law 90-537, explained the procedures to be followed thereunder and invited
<br />comments prior to April 1, 1970.
<br />Among the principal points in the Secretary's letter was that the Secretary would determine each year the
<br />quantity of water reasonably necessary to be retained in Colorado River Storage Project reservoirs; i.e., Sec-
<br />tion 602(x) Storage, and dropping the use of a rule curve favored by the Upper Basin which would, in es-
<br />sence, establish predetermined quantities of water to be retained in storage, since the operation studies in-
<br />dicated that the rule curve would not govern operations for many years. The criteria provided for an
<br />estimated minimum annual release of 8.23 maf as an objective, but without in any way intending to prejudice
<br />the position of either the Upper or Lower Basin interests with respect to required deliveries at Lee Ferry pur-
<br />suant to the Colorado River Compact or the Colorado River Basin Project Act. No specific operating eleva-
<br />tions were established for Lake Mead. Filling Criteria is a matter separate and apart from the issuance of the
<br />Operating Criteria and would be made prior to adoption of the Operating Criteria and a decision would be
<br />made by July 1, 1970. Comments thereon were requested.
<br />K Governors Comments
<br />In a joint letter of March 13, 1970, the Governors of California, Arizona, and Nevada expressed general
<br />agreement with the Secretary's proposed criteria, although suggesting modifications in certain provisions.
<br />Nevada s comments dated March 27, 1970, California's comments dated March 30, 1970, The Metropolitan
<br />Water District's comments dated March 30, 1970, Arizona's comments dated March 30, 1970, and those of
<br />Southern Caldomia Edison Company dated April 1, 1970, urged retention of the Filling Criteria.
<br />The Hoover power allottees assert they have a cause of action against the United States for impairment of
<br />their power contracts due to withholding of water to fill Upper Basin reservoirs. The damages would be for (1)
<br />diminution in firm energy, (2) diminution in secondary energy, and (3) loss of power head; i.e., generating
<br />capacity. California contended that Section 502 of Public Law 90-537 settled the deficiency question and
<br />that the Filling Criteria and Operating Criteria are not incompatible.
<br />In a joint letter of March 31, 1970, the Governors of Colorado, New Mexico, Utah, and Wyoming pro-
<br />vided their comments as well as those of the Upper Colorado River Commission. h included and emphasized
<br />a strong recommendation that the 1962 Filling Criteria be terminated and repeated the reasons therefor
<br />presented in the report of the Upper Colorado River Commission Engineering Committee of November 19,
<br />1969, infra, together with a summary of those arguments, and suggested changes in several provisions of the
<br />proposed Operating Criteria. These included the use of 8 maf as the objective rather than 8.23 maf; urged
<br />the use of the high rule curve of 98.4 t to assure the filling of Upper Basin reservoirs to adequate storage
<br />levels; and the deletion of "contracts" as part of the "Law of the River" since its inclusion would upgrade
<br />Hoover Dam water and power contracts to the stature of an Act of Congress.
<br />On May 14, 1970, California filed a Rebuttal to the March 31, 1970, comments and recommendations of
<br />the Upper Basin States. The Rebuttal dealt with each of the reasons advanced by the Upper Basin States for
<br />the proposed early termination of the Filling Criteria as advocated by the Upper Basin States and with the
<br />suggested modifications of the several provisions of the proposed Operating Criteria. On May 25, 1970,
<br />Arizona provided its comments. On June 5, 1970, Nevada commented on the Upper Basin views.
<br />L Adoption of Operating Criteria
<br />On June 8, 1970, after evaluation of the comments of the Upper and Lower Basin States, Secretary Hicke)
<br />adopted the "Criteria for Coordinated Long-Range Operation of Colorado River Reservoirs" and transmitted
<br />to the representatives of the Governors of the seven Basin States a copy of the Operating Criteria. A detailed
<br />explanation of decisions on each of the suggestions and recommendations of the States was provided on
<br />June 9, 1970, by the Commissioner of Reclamation.
<br />The Secretary's letter acknowledged the contribution of the State-Federal Task Force. He stated that in his
<br />Judgment the contents of Lake Powell and Lake Mead did not warrant termination of the Filling Criteria at this
<br />time. He recognized that a major objection by the Upper Basin has been the use of CRSP generated energy
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