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Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
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Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
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Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
State
CO
Date
12/7/2007
Title
Case No. 3:07-cv-08164-DGC Grand Canyon Trust v. U.S. Bureau of Reclamation December 7 2007
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1 <br />t <br />1 <br />[I <br />r� <br />t <br />t <br />1 including Lake Powell. <br />2 33. The 1968 Act, Section 602(b), requires Reclamation to adopt long -range <br />3 operating criteria (the "1968 Act LROC") for all of its dams in the Colorado River <br />4 Basin, and then review and update the operating criteria as needed every five years <br />5 thereafter. Operating criteria refer to the planning of dam and reservoir operations for <br />6 several decades. Reclamation completed the first 1968 Act LROC on June 10, 1970. <br />7 The most recent updated version of the 1968 Act LROC was completed in 2005 and <br />8 published in the Federal Register on March 29, 2005. 70 Fed. Reg. 15873. <br />9 34. The 1968 Act also requires Reclamation to prepare annual operating plans <br />10 (the "1968 Act AOP(s) ") for the Colorado River basin dams each year. These annual <br />11 operating plans govern monthly operations during the upcoming year for each Colorado <br />12 River dam operating under the 1968 Act. The 1968 Act AOPs are based on forecasted <br />13 water availability and runoff conditions. They may be revised by June 1 st of the water <br />14 year to reflect actual hydrological conditions. <br />15 C. Grand Canyon Protection Act of 1992 And NEPA Process <br />16 35. Since the Dam was constructed, of the eight native fish species in the <br />17 Grand Canyon, three have gone extinct and another, the razorback sucker, is no longer <br />18 reproducing. The endangered humpback chub no longer has a reproducing population <br />19 in the mainstem of the Colorado River below Glen Canyon Dam. The only chub <br />20 breeding area below the Dam is in the Lower Colorado River. <br />21 36. Congress took notice that Glen Canyon Dam operations adversely impact <br />22 downstream resources, such as the native fish, and enacted the Grand Canyon Protection <br />23 Act of 1992 as a result. The Grand Canyon Protection Act imposes requirements on <br />24 how Reclamation operates the Dam. Specifically, Reclamation must "exercise other <br />25 authorities under existing laws in such a manner as to protect, mitigate adverse impacts <br />26 to, and improve the values for which Grand Canyon National Park and Glen Canyon <br />27 National Recreation Area were established, including, but not limited to natural and <br />28 cultural values and visitor use." Grand Canyon Protection Act of 1992, Public Law No. <br />Complaint 11 <br />Case 3:07 -cv- 08164 -DGC Document 1 Filed 12/07/2007 Page 11 of 20 <br />
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