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<br />I <br /> <br />I <br />I <br /> <br />The Secretary anticipates addressing the potential for o.....eruse in the Lower Basin through the <br />adoption of an inadvertent overrun and payback policy in 2002. Absent adoption ofan inad\"ertcnt <br />overrun and payback policy. and specifically in light of the potential CY 2002 overuse. the Secretary <br />will undertake enforcement actions consistent with the Decree to ensure that no Colorado Ri\"er <br />water user(s) exceeds its lawful use in CY 2003. <br /> <br />I <br />I <br />I <br /> <br />For informational purposes. the natural inflow required to reach a Quantified Surplus OOR value <br />strategy) on January 1. 2003. is 3-1-.9 maf(43,049 mem). which has been exceeded in the historical <br />record less than 1 percent of the time. As provided in Article 1\'(1) of the Intenm Surplus <br />Guidelines. the 70R strategy involvcs assuming a 70-percentile inDow into Lake Powell. subtracting <br />out the consumptive uses and system losses and checking the results to see ifall of the water could <br />be stored or if flood control releases from Lake Mead would be required. If flood control releases <br />from Lake Mead would be required. additional water is made available to the Lower Division states <br />beyond a full domcs[ic surplus. The notation 70R refers to the natural inDow imo Lake Powell [hat <br />has been exceeded 30 percent of the time (17.4 mat). <br /> <br />I <br />I <br /> <br />On June 19.2002. Reclamation published a Federal Rcgister notice (67 FR 41733) staling the <br />Secretary would be accepting input on the following: <br /> <br />I <br />I <br /> <br />(1) The ability oflower basin entities outside of Cali fomi a to affect compliance with section <br />5(8) requirements. <br />(2) the need of other lower basin entities outside ofCalifomia. to utilize surplus quantities in <br />2003 (and the relative amounts of such surplus quantities). <br />(3) impacts on storage of water in the Colorado River reservoirs. and the impact on future <br />deliveries to users of the waters of the Colorado River under applicable provisions of <br />federal law and international treaty. and <br />(4) impacts on California's ability to meet applicable conditions for reinstatement of the <br />deternlinations under sections 2(8)( I) and 2(8)(2). <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />In response 10 this Federal Register Notice. Reclamation has received comments and is continuing to <br />review the issues identified in the notice. <br /> <br />As provided in Section 3 of the Interim Surplus Guidelines. the Secretary shall undertake a ~mid-year <br />review~ pursuant to Article 1(2) oflhe Operating Criteria. allowing for the re\'ision of the current <br />AOP. as appropriate. based on actual runoff conditions v,'hich are greater (han projected. or demands <br />which arc lower than projected. Thc Secretary shall rcvise the detennination for the ClllTent year only <br />to allow for additional deliveries. Any revision in the AOP may' occur only after a reinitiation of the <br />AOP consultation process as required by law. <br /> <br />19.,f4 U.S.-~1exico \Vater Treaty <br /> <br />I <br /> <br />Under most probable inflow conditions. water in excess of that required to supply uses III the United <br />States will not be available. therefore there will be no Colorado River surplus. as defined by the 1944 <br />U.S.-\1exico \Vater Treaty, for delivery to !v1exico. Vacant storage space in mainstem resen;oirs is <br />substantially greater than that required by flood control regulations. Therefore. a volume of 1.5 maf <br /> <br />December 13, .:!OO.:! <br /> <br />16 <br /> <br />I <br />