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002876 I ! . . APPENDIX VII VII-ll consideration of "future" instead of "additional" studies as the Secretary deems necessary as a part of the pro. vision in Subarticle lI(l)(e) dealing with the aforementioned Report of the Committee on Probabilities and Test Studies was rejected since it would add no new meaning thereto. A lower Division proposal to modify Subarticle 11(1)(1) which had the effect of de.emphasizing the provision that Upper Basin consumptive uses not be impaired because of failure to store sufficient water to assure deliveries under Section 602 (a) (1) and (2) of P,L. 90.537. was rejected since it added nothing of substance. As indicated heretofore. Subarticle 11(1)(1) is retained in its present position and the Upper Division proposal that it be removed and made a pan of the preamble to the Operating Criteria was not adopted. A lower Division proposal was rejected that a new Subarticle lI(l)(g) be included which would provide that one of the factors to be considered by the Secretary in determining the quantity of 602(a) storage would be: "The maximum production of firm power and energy in conformity with Section 7 of P.L. 84-485 and consistent with Section 602(c) of P,L. 90.537 and these Operating Criteria." The reasons for not adopting this proposal are that the provision was proposed for inclusion in the Subarticle entitled "Operation of Upper Basin Reservoirs" whereas, in order to be relevant, the provision should apply to both Upper and Lower Basin reservoirs. Moreover, "power production" is already included in Subarticle 1(2), which is applicable to both Basins. as one of the uses of the reservoirs to which the Secretary will be given appropriate consideration. Finally, the proposal appears unnecessary in that the Operating Criteria must be administered consistent with applicable Federal laws as is stated in the first paragraph of the Operating Criteria. A portion of an Upper Division proposal for the introductory paragraph of Subarticle II(2) was adopted. but is more appropriately inserted as a new Subarticle IllS) and reads as follows: "Releases from Lake Powell pursuant to these criteria shall not prejudice the position of either the Upper or Lower Basin interests with respect to required deliveries at Lee Ferry pursuant to the Colorado River Compact. " The Upper Division concept that the releases described in Subarticle II(2) are "interim" was not adopted because, in a broad sense. the entire long-range Operating Criteria are "interim" pending augmentation of the waters of the Colorado River. When the flows of the Colorado River are augmented, as contemplated in Section 602 of P,L. 90.537. the Operating Criteria will be revised, Revised punctuation in Subarticle II (2) clarifies those provisions. An Upper Division proposal was rejected that the concluding paragraph of Subarticle 11(2) be revised to reduce the figure of 8,23 million acre. feet to 8 million acre-feet or less. because no valid reason has been advanced for making such a change and because the figure of 8.23 m.illion acre-feet has been utilized consistent both in Congressional testimony and in basic studies. Furthermore, adoption of the new Subarticle I1(5), as quoted above. provides the necessary protec. tion to both Basins. For the same reasons, the figure of 8.23 million acre-feet was not changed to 8 million acre.feet in Subarticle I1(3) as was proposed by the Upper Division. In this connection, the Operating Criteria imposes no firm or fixed obligation that 8,23 million acre. feet be released each year from lake Powell. That quantity is stated as an "objective" of the Operating Criteria. In Subarticle II (4) two lower Division proposals have not been adopted that "will" in lines 2 and 6 be changed to "shall" and that "in subsequent years" be replaced by "as expeditiously as possible" in referring to the subsequent release of water retained in Lake Powell to avoid bypass of water at the powerplant. However, the phrase "in subsequent years" has been replaced by "as soon as practicable". a... .