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<br />Lower Basin Reservoirs
<br />
<br />Water shall be released or pumped from Lake Mead to meet the following requirements:
<br />
<br />(a)
<br />(b)
<br />
<br />(c)
<br />(d)
<br />(e)
<br />
<br />1944 Mexican Water Treaty obligations;
<br />Reasonable beneficial consumptive use requirements of mainstream users in
<br />the Lower Division States;
<br />Net river losses;
<br />Net reservoir losses;
<br />Regulatory wastes,
<br />
<br />The Operating Criteria provide that after the commencement of delivery of mainstream water
<br />by means of the CAP, the Secretary of the Interior will detennine the extent to which the
<br />reasonable beneficial consumptive use requirements of mainstream users are met in the Lower
<br />Division States, The reasonable beneficial consumptive use requirements are met depending on
<br />whether a nonnal, surplus, or shortage condition has been determined, The normal condition
<br />is defined as annual pumping and release from Lake Mead sufficient to satisfY 9,251 MCM
<br />(7,500 MAF) of consumptive use in accordance with Article III(3)(a) of the Operating Criteria
<br />and Article II(B)(1) of the U.S, Supreme Court decree in Arizona v, California, The surplus
<br />condition is defined as annual pumping and release from Lake Mead sufficient to satisfY in
<br />excess of9,251 MCM (7,500 MAF) of consumptive use in accordance with Article III(3)(b) of
<br />the Operating Criteria and Article II(B)(2) of the U,S, Supreme Court decree in Arizona v,
<br />California,
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<br />The current water supply conditions forecast mandatory flood control releases that are projected
<br />to be above downstream requirements in January through March of 1998, Using a most probable
<br />inflow forecast for 1998, flood control releases are also projected in January, February, and
<br />March of1999, Therefore, taking into account (1) the existing water storage conditions in the
<br />basin, (2) the most probable near-tenn water supply conditions in the basin, and,(3) that the
<br />beneficial consumptive use requirements of Colorado River mainstream users in the Lower
<br />Division States are expected to be more than 9,250 MCM (7,5 MAF), the surplus condition is
<br />the criterion governing the operation of Lake Mead for calendar year 1998 in accordance with
<br />Article III(3)(b) of the Operating Criteria and Article II(B)(2) of the decree in Arizona v,
<br />California, While there still is no agreed upon long term strategy for the determination of
<br />surplus conditions, the making of this determination, based on flood control and spill avoidance
<br />considerations, does not preclude the Secretary from adopting other detennination criteria in
<br />future years,
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<br />Nothing in the decree in Arizona v, California prohibits the Secretary of the Interior from
<br />releasing water apportioned, but unused, in any Lower Division State for that year for
<br />consumptive use in any other Lower Division State, No rights to the recurrent use of such water
<br />accrue by reason of the use of such water. In light of this provision and in accordance with
<br />Article II(B)(6) of the decree, any Lower Division State will be allowed to utilize water
<br />apportioned to, but unused by, another Lower Division State in calendar year 1998,
<br />
<br />September 3, 1997
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