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<br />e <br /> <br />e <br /> <br />e <br /> <br />operation for the current year." Perhaps more importantly from the viewpoint ofthe Upper Basin, the <br />Act directs the Secretary, through the criteria, to store water in and release water from Lake Powell to <br />preserve the ability of the Upper Basin to meet its delivery obligations under the Mexican Treaty and the <br />Colorado River Compact, and to not impair the ability of the Upper Division States to develop their <br />entitlements to water under the Compact." <br /> <br />In 1970, the Secretary promulgated the Long Range Operating Criteria for the Colorado system <br />reservoirs, pursuant to the 1968 Act. The Criteria deal with both upper and lower basin federal <br />reservoirs.42 <br /> <br />Thus, the body of law !mown as the "Law of the River" is not simply the intervention of federal <br />jurisdiction. It is not simply an arbitrary division of water by the states. Rather, it was created by and <br />has evolved through nearly 70 years of federal/state partnership. It is a complex and integrated water <br />allocation scheme, developed sometimes out of harmony and at other times through conflict. Always <br />there have been competing and balancing interests, but each time common principles have emerged: the <br />preservation of the Upper Division States' ability to develop in the future, and the need for coordinated, <br />regulated operation of the Colorado River System for the benefit of all the States. The United States <br />Supreme Court in Arizona v. California articulated the practical and logical need for coordinated <br />operations in the Lower Basin. That statement has applicability to the operations of the River as a <br />whole: <br /> <br />All this vast, interlocking machinery--a dozen major works delivering water according to <br />congressionally fixed priorities for home, agricultural, and industrial uses to people <br />spread over thousands of square miles--could function efficiently only under unitary <br />management, able to formulate and supervise a coordinated plan that could take account <br />of the diverse, often conflicting interests of the people and communities of the Lower <br />Basin States....Subjecting the Secretary to the varying, possibly inconsistent, commands <br />of the different state legislatures could frustrate efficient operation of the project and <br />thwart full realization of the benefits Congress intended this national project to bestow. <br /> <br />373 U.S. 546 at 589-590. <br /> <br />"ld., Section 602(a) and (b). <br /> <br />41Id., Section 602(a). <br /> <br />42In broad outline, the Criteria require the Secretary to make several determinations each year, which <br />determinations guide operations of system reservoirs for that year. For example, the Secretary determines 602(a) <br />storage by Sept. 30 of each year (the amount of water needed in storage to allow the Upper Basin to fully utilize its <br />compact share). The objective release from Lake Powell is to be a target of 8.23 maf (the release could be less if <br />required by the Compact) if: Upper Basin Storage Reservoirs active storage forecast is less than the 602(a) storage <br />determined by the Secretary for that year, or Lake Powell active storage forecast for that date is less than the Lake <br />Mead active storage forecast for that date. More than this target amount could be released in order to "equalize" <br />storage levels in Lakes Powell and Mead. In operating Lake Mead, the Secretary makes determinations based on a <br />number of criteria. In a Nonnal Year, annual pumping and release from Lake Mead will be sufficient to satisfy 7.5 <br />maf of annual consumptive use in accordance with the Decree in Arizona v. California In a Surplus Year, the <br />surplus is apportioned 50% to California, 46% to Arizona, and 4% to Nevada. In a Shortage Year, uses are <br />restricted in accordance with the Decree and the 1968 Act. <br />