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<br />-. <br /> <br />Critical elements necessary to implcment the 4.4 Plan include:' 1) agreement between the . <br />SDCW A and the Imperiallrrigation District (lID) to implement water conservation measures <br />within the lIb; 2) agreement between MWD and SDCW A for use of the CRA; and 3) agrcement <br />by llD and the CoachclIa Vallcy Watcr District (CVWD) for quantification of their respective <br />rights under ~he third priority. Quantification of Palo V crdc Irrigation District's rights undcr thc <br />3(b) prioritialso needs to be discussed. IID, SDCW A aI)d MWD have reached provisional <br />agrecmcnt on the first two dements. The CVWDIIIDlInterior discussions on the third elen1ent <br />are ongoing.: <br /> <br />The six statcs (Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming) and the <br />Secretary of1:be Interior have stated that, if the 4.4 Plan is implemented, they ....ill consider the <br />adoption of interim criteria by the Secrctary that will provide to MWD and SDCW A greater <br />security of sUpply through the CRA than currently exists, during irnplementation of the 4.4 Plan. <br />The MWD/SDCW A agreement is specifically conditioned on, "The promulgation and <br />application by the Secretary of the Interior (the "Secretary") of surplus criteria, including river re- <br />operations. that are sufficient, together with those other water supplies that are under the control <br />ofMWD, to:assure that the Colorado River Aqueduct ("CRA") is full at least through 2015." <br />The six staIes were not involved in the development of, and are not parties to, that agreement. <br /> <br />The 1968 Colorado River Basin Project Act, 9602(a), requires the Secretary of the <br />Interior to adopt criteria for the coordinated long-range operation of specified Colorado River <br />System reservoirs, including Lakes Powell and Mead. Such criteria were adopted by the <br />Secretary in 1970, and have not been modified since. Section 602(b) autbon7.es the Secretary to . <br />modify the criteria "as a result of actual operating experience 'or unforseen circumstances, . . , to <br />better achieve the purposes specified in subsection(a) of this section, but only after <br />correspondence with the Governors of the seven Colorado River Basin States and appropriate <br />consultation with such State representatives as each Govemorrnay designate." The Criteria <br />recognize th~ the Secretary may modify the Criteria "from time to timc," but will sponsor a <br />formal revie~ of the Criteria every five years, <br /> <br />Article III of the Criteria establishes criteria for the operation of Lake Mead. including <br />criteria for normal, surplus and shortage determinations under the decrce in Arizona v. <br />California. The decree in Arizona v. California establishes how much water ....ill be apportioned <br />to each state;jn such conditions. The decree also provides in Article TI(B)(6) that the Secretary <br />rnay release :water apportioned to but lUlused in a state during any such year for consumptive use <br />in another stille. <br /> <br />n. Princioles <br /> <br />There is no need or justification for the Secretary to modify the existing Operating <br />Criteria to accommodate the California 4.4 Plan. The existing Operating Criteria should remain <br />in effect during implementation of the 4.4 Plan, and upon terrnination or expiration ofthe special <br /> <br />Page 2 of 4 <br /> <br />. <br />