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<br />, <br /> <br />, <br /> <br />There is no need or justification for the Secretary to modify the existing Operating Criteria to <br />accommodate the Califomia 4.4 Plan. The existing Operating Criteria should remain in effect <br />during implementation of the 4.4 Plan, and upon termination or expiration of the special interim <br />criteria. Instead of modifying the Operating Criteria, the Secretary should adopt special interim <br />criteria for releases of water from Lake Mead. The six states will prepare a more detailed <br />proposal that describes acceptable interim Lake Mead operating criteria. The following elements <br />should be addressed in the adoption of the special interim criteria: <br /> <br />e <br /> <br />I. No water user, including MWD and SDCW A, can be guaranteed or assured of a <br />firm supply for any specified period. Any assurance or guarantee of supply to MWD - <br />and SDCW A will create unreasonable risk to other states. Moreover, the Secretary of <br />the Interior does not have the authority to adopt any criteria that would assure any water <br />user of a full supply. Any risk created by the implementation of the interim criteria shall <br />be borne by the Lower Division State(s) which benefitted from the additional water <br />made available. <br /> <br />2. The interim criteria will not take effect until firm commitments are in place in <br />California to implement Phase I of the 4.4 Plan, including the execution of binding <br />contracts, agreed-on arrangements for transportation, and resolution of the quantification <br />and beneficial use issues. <br /> <br />e <br /> <br />3. Any interim criteria will be effective only for a specified period of years, after <br />which the interim criteria will expire on their own terms. The states and Interior will <br />need to discuss the time-frame for the interim criteria suggested in the MWD/SDCW A <br />agreement. After expiration of the interim criteria, the existing Operating Criteria will <br />continue to control operations, unless the Secretary modifies the Operating Criteria <br />pursuant to his authority and under the process set out in the Criteria. <br /> <br />4. Any interim criteria should include triggers that will implement different surplus <br />or shortage deliveries at specified 4lrget elevations of storage. Such triggers may need to <br />include an assessment of the water available to MWD and SDCW A from all sources of <br />supply. The criteria should also include benchmarks, reporting mechanisms, and <br />reviews, by which Califomia will demonstrate measurable and defined progress in <br />meeting the goals of the 4.4 Plan. If sufficient progress is not being made, the interim <br />criteria should automatically and by their own terms terminate or suspend, and <br />operations will revert back to the existing Operating Criteria under a 70R strategy with <br />no look-ahead. <br /> <br />5. Interim criteria should expire by 2015. Phase I of the Plan does not achieve a <br />reduction in use in Califomia to 4.4 maf/yr. Califomia should identify how Phase II will <br />be developed and implemented concurrently with Phase I, such that use in California in <br />normal years will be reduced to 4.4 mafby 2015. <br /> <br />e <br /> <br />6. Any amount declared by the Secretary as surplus above the 7.5 mafi'yr basic <br />apportionment available to the Lower Division States must be apportioned 50% to <br />California, unless Arizona and Nevada choose not to divert and use the 46% and 4% of <br />the surplus amount that is available to those states, respectively. Any interim criteria <br />should address the conditions under which Arizona and Nevada would agree not to <br />divert and use their respective 46% and 4% interests in such surplus. <br />