7416

• UCREFRP Catalog Number: 7416
• Author: U.S. Fish and Wildlife Service.
• Title: Flaming Gorge Aspinall Joint Operations Study December, 15, 1988-Draft.
• USFW Year: 1988.
• USFW - Doc Type: Denver, Colorado.
• Copyright Material: NO

-?- = United States Department of the Interior
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OFFICE OF THE SOLICITOR
DITERMOUNTAI\ REGION
SUITE 6701, FEDERAL BUILDING
175 SOLTH STATE STREET
SALT LAKE cm, tTAH 84138.1 180
June 6, 1988
Memorandum
To: Director, Bureau of Reclamation, Upper Colorado Region
From: Regional Solicitor, Intermountain Region
Subject: Legal Implications of Proposed Changes i11 Operation of
Glen Canyon Dam
You have requested our review of and comments on a legal opinion
issued by the western Area Power Administration (WAPA) concerning
the captioned subject. The WAPA opinion concludes, inter alia,
that to the extent the proposed changes in operation of the dam
would reduce the generation of power or power revenues, they
would be inconsistent with the Colorado River Storage Project
Act. This conclusion is based on the assertion that generation
of power is a primary purpose of the project, and is paramount to
other "subservient" purposes, such as "conservation of the nature
and wildlife . . . and recreational use of the water areas
. . . on WAPA opinion at 4.
The WAPA opinion focuses on Section 7 of the Colorado River
Storage Project Act of 1956, 70 Stat. 105, 43 U.S.C. 5 620f,
which directs the Secretary to operate Glen Canyon Dam "in
conjunction with other Federal powerplants, present and
potential, so as to produce the greatest practicable amount of
power and energy that can be sold at firm power-and energy rates
." We note that by use of the word "practicable," the
Congress arguably gave the Secretary some discretion to operate
the dam in consideration of other factors. Further, the Colorado
River Basin Project Act of 1968, 82 Stat. 886, 43 U.S.C. 55 1501,
et seq•, which is mentioned only in passing in a footnote in the
WAPA opinion, contains a Congressional declaration of purpose a..d
policy which states in part:
This program is declared to be for the purposes, among
others, of regulating the flow of the Colorado River;
controlling floods; improving navigation; providing for the
storage and delivery of the waters of the Colorado River for
reclamation of lands, including supplemental water supplies,
and for municipal, industrial, and other beneficial
purposes; improving water quality; providing for basic
public outdoor recreation facilities; improving conditions
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