BOARD01617

• Board Meeting Date: 5/19/2003
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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The United States District Court for the District of Columbia granted the defendants motion for
summary judgment on March 31, 2003. The court discussed (I) plaintiffs standing, (2) res judicata,
(3) mootness, and (4) ESA consultation requirements. The Court noted in its memorandum that it
seems unlikely that any case will present facts that more clearly make an agency's actions non-
discretionary than this one: a Supreme Court injunction, an international treaty, federal statutes, and
contracts between the government and water users that account for every acre foot of lower Colorado
River water. We are waiting to see if the case will be appealed.

Interim 602(a) Storage Guidelines: On Jan. 28 Reclamation gave notice in the Federal Register
soliciting public comments on the adoption of Interim 602(a) Storage Guidelines for the management
of the Colorado River and to initiate a National Environmental Policy Act process for implementing
those guidelines.

These guidelines set a floor for 602(a) storage contents at 14.85 MAF (elevation 3630 in Lake Powell).
If the level of Lake Powell falls below this value, there would be no equalization of storage between
Lakes Powell and Mead and the minimum objective release from Lake Powell of 8.23 MAF would
govern annual operations.

This was part of the basin states proposal for Interim Surplus Guidelines, but was excluded from that
package because it did not deal specifically with operations at Lake Mead and in the Lower Basin.

We would like to see this process move forward on the assumption that the Interim Surplus Guidelines
will be operational at some point between now and 2016. Comments were due March 14,2003. No
further action has occurred.

California Quantification Settlement Agreement and Related Activities: Although California
failed to reach agreement on the QSA by the December 3 I, 2002 deadline; they continue to work
towards a QSA agreement. A revised draft QSA was released on Mar. 12 and is under consideration
by the Department ofInterior and the Colorado River Basin States. This will be discussed further
during the May meeting.

March 1 Forecast of 2003 Year-End Colorado River
Water Use by the California Agricultural Agencies

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First of Month

--3.850 MAF
-2003 Target = 3.74 MAF
~ . . - - .2006 Target = 3.64 MAF
- - - - 2009 Target = 3.53 MAF
- - - 2012 Target = 3,47 MAF
____ Year-End Forecast
-+-- Use This Year

11.1.11....1..1.1.. II I.. 1....1. I..... I' I....... I' .....................1... ........ I"

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