Laserfiche WebLink
<br />Furthermore, the U.S. Supreme Court has addressed itself to the provisions S;) <br />of the Boulder Canyon Project Act in the case of Arizona v. California, <br />373 U.S. 546 (1963). <br /> <br />r-, <br />00 <br />00 <br />~.... <br /> <br />The provisions of these acts, and the pertinent judicial interpre- <br />tations thereof, give rise to numerous unresolved questions which may ulti- <br />mately affect the allocation of water from the Colorado River System. <br />However, for the purposes of this assessment, the only statutory provisions <br />which need special mention are certain sections of the Colorado River Basin <br />Project Act. <br /> <br />The subject act is the source of congressional direction as to the <br />operation of the major Colorado River Basin storage reservoirs.l Section. <br />602(a) of ' the act specifies that the Secretary of the Interior shall propose <br />criteria for the coordinated long-range operation of the reservoirs, which <br />criteria shall make provision for the storage and release of water pursuant <br />to a specified set of priorities. Section 601 specifies. that nothing in the <br />act is to be construed as altering, modifying, or amending the Mexican <br />treaty, interstate compacts, and U.S. Supreme Court decree noted above. <br /> <br />As required, criteria have been promulgated2 and nOW form the basis <br />for the. operation of the subj~ct re-ervoirs. While addressed to many <br />situations and conditions, the most ioportant aspect of the criteria <br />insofar as this assessment is concerned is the plan of operation for Lake <br />Powell. In this regard, the criteria require the Secretary of the Interior, . <br />on January 1, of each year, to report on the projected plan of ,?peration for <br />that current'water year (from the preceding October I to the following <br />September 30). Article II of the criteria states that: <br /> <br />..~~.~. <br />';;:,r;~; <br /> <br />(I) The annual plan of operation shall include a <br />determination by the Secretary of the quantity of water con- <br />sidered necessary as of September 30 of that year to be in <br />storage as required by section 602(a) of . . . the Colorado <br />River Basin Project Act (hereinafter "602(a) Storage"). <br />The quantity of 602(a) Storage shall be determined by the <br />Secretary after consideration of all applicable laws and. <br />relevant factors. . . . <br /> <br />(2) If, in the plan of operation, either: <br /> <br />I. Hoover Dam, which forms Lake Mead in the Lower Basin, was authorized <br />by the Boulder Canyon Project Act. Flaming Gorge Dam and Reservoir, <br />the Curecanti Unit (Crystal, Morrow Point, and Blue Mesa re-ervoirs), <br />and Glen Canyon Dam, which forms Lake Powell, were authorized by <br />the Colorado River Storage Project Act. These latter five reservoirs, <br />are all located in the Upper Basin (see fig 2.2). <br /> <br />2. Criteria for Coordinated, Long-Range Operation of Colorado River Reser- <br />voirs, 35 Fed. Reg., 8951-S2, (1970). <br /> <br />xxxiv <br />