Findings of Fact and Resolution of the Upper Colorado River Commission

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FINDINGS OF FACT AND RESOLUTION OF THE UPPER COLORADO RIVER COMMISSION WHEREAS the Upper Colorado River Commission was created by the Upper Colorado River Basin Compactbetween the states of Arizona, Colorado, New Mexico, Utah and Wyoming on October 11, 1948, which Compact was consented to by Congress by the Act of April 6,1949 (63 Stat. 31, Chapter 48); and WHEREAS Commission is authorized and directed by Article VIII of said Compact to perform certain functions in the administration of the Colorado River basin above Lee Ferry, Arizona, inter alia, to make findings with regard to the quantity of upper Colorado River system deliveries at Lee Ferry each water year; and WHEREAS the last five years commencing in October of 1999 have constituted the most severe drought in the recorded history of the Colorado River Basin, resulting in unprecedented low levels of storage in Upper Basin reservoirs, especially Lake Powell; and WHEREAS as a result of the five -year drought, by agreement of the seven Colorado River basin states, the 2oo5 Annual Operating Plan, provided for a mid -year review in April; and WHEREAS the Secretary of Interior is charged by law with the actual operation of Glen Canyon Dam and the storage and release of water therefrom, subject to the Colorado River Compact and other applicable law; and WHEREAS the Commission finds that basin conditions make it necessary to issue the following Findings of Fact and recommendation to the Secretary of Interior concerning the operation of Glen Canyon Dam in 2005: FINDINGS OF FACT As of March 28, 2005, the active storage in Lake Powell stands at 8.o6 million acre feet, or 33.2% of live storage capacity. This quantity is substantially below that level deemed 602(a) storage, pursuant to 43 U.S.C. 618(a)(3), which has been established by the Secretary at 14. million acre -feet. 2. As of March 28, 2005, the snow pack, and resulting projected runoff in the Upper Basin is only slightly above normal. Projected runoff in the northern Upper Basin tributaries are below average, ranging from 85 to 89 percent of normal snow pack and forecasted runoff. Upper Basin soil moisture, ground water and reservoirs all must recover from the preceding five drought years. Thus, there is still a substantial possibility that runoff in the Upper Basin will be below normal. 3. Normal or below normal runoff will not return the active storage content in Lake Powell to that quantity of water deemed necessary to assure deliveries of water under 43 U.S.C. 618(a)(i) and (2), without impariment of annual consumptive uses in the Upper Basin pursuant to the Colorado River Compact.