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<br />Agenda Item 18f <br />March 21-22,2002 Board Meeting <br />Page 2 of2 <br /> <br />The U.S. Bureau of Reclamation published nqtice of the 5-year review in the federal register <br />on January 15, 2002. On March 6, 2002 they published notice in the Federal Register extending <br />the period in which to comment on the need for a:review through March 29, 2002. <br />The legislative history ofP.L 90-537 (House Report No. 1312, page 3727) provides some <br />added insight into the intent of Congress regarding these Operating Criteria. This report suggests <br />that" . . .it is the intention of the language apProved by the Committee that such criteria be <br />prepared and reviewed each year after an exchange of views.. ." We believe this is effectively <br />accomplished each year through the development of the Annual Operating Plan for Colorado <br />River Reservoirs (AOP). The extent of dialogue,: exchange of views and utilization of the <br />flexibility in applying the general guidelines of t4e Operating Criteria to specific yearly needs of <br />the Colorado River system should provide the ba~is for deciding whether or not Operating <br />Criteria need to be modified. <br />The Operating Criteria have been flexible enough to allow for adjustmellts following the <br />floods of the 1980's. They have been flexible enough to allow for the development and <br />implementation of interim operating criteria to aid Califomia in reducing it~ use of Colorado <br />River water to 4.4 million acre..feet (mat). The Operating Criteria have also been flexible <br />enough to allow for the testing of experimental flows such as was done in 1996 to see if <br />conditions for endangered fish can be improVed imd sediment conserved in the Grand Canyon. <br />However, the State of Colorado has voiced c6ntinual objection to the minimum objective <br />release of 8.23 maf\year contained in the Ollerating Criteria. The primary purpose of section <br />602 of the CCllorado River Basin Project Ac1: is to assure that the Upper Division States may <br />develop their full entitlements to waters of the Colorado River System and that consumptive uses <br />in the Upper Division will not suffer becaUSe of failure to store sufficient water to make <br />deliveries putsuant to the Colorado River C()mp*ct and the Mexican Water Treaty. Staff <br />believes that there have been no actual operating experiences or unforeseen circumstances to <br />justify modification of the Operating Criteria at this time primarily because the States ofthe <br />Upper Division have not yet developed theit ful( entitlements to the waters of the Colorado River <br />System. To date, there has not been impainn.enr of consumptive uses in any Upper Division <br />State as a result of operations under the current Operating Criteria and therefore there is no need <br />for modification. <br /> <br />Recommendation <br /> <br />Staff recommends that the Board have the :Director send a letter to Reclamation stating that <br />there is no need to review or modify the Operat~ng Criteria at this time. FUrthennore, that such <br />letter maintain Colorado's long standing objection to the minimum release objective of 8.23 <br />maf\year contained in the Operating Criteria. <br /> <br />Attachment <br /> <br />C:My DocumentslAgenda18fCRCLROPrev2002 <br /> <br />Flood Protection. Water Project Planning and Financing. Stream and Lake Protection <br />Water Supply Protection ~ Conservation Planning <br /> <br />. <br /> <br />. <br /> <br />. <br />