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Scoping Summary Report The Secretary annually consults with representatives of the governors of the Colorado River Basin States, general public and others, and then issues an Annual Operating Plan (AOP) for the coordinated operation of the Colorado River reservoirs. This is done pursuant to the Criteria for Coordinated Long-Range Operation of Colorado River Reservoirs, which were developed as a result of the Colorado River Basin Project Act of September 30, 1968. Reclamation also requires each Colorado River water user in the Lower Basin to schedule water deliveries, in advance, for the following calendar year (the calendar year is the armual basis for decree accounting of consumptive use in the lower Colorado basin). Each user must also later report actual water diversions and returns to the mainstream. Pursuant to 43 CFR Part 417, prior to the beginning of each calendar year, Reclamation consults with entities holding Boulder Canyon Project Act (BCPA) Section 5 contracts (Contractor) for the delivery of water. Under these consultations, Reclamation makes recommendations related to water conservation measures and operating practices in the diversion, delivery, distribution, and use of lower Colorado River water. Reclamation also reviews the Contractor's estimated water requirements for the ensuing calendar year to determine whether or not deliveries of Colorado River water to each Contractor will exceed those reasonably required for beneficial use under the respective BCPA contract or other authorization for use of Colorado River water. Reclamation then monitors the actual water orders, receives reports of measured diversions and return flows from major Contractors and Federal establishments, estimates unmeasured diversions and return flows, calculates consumptive use from preliminary diversions and measured and unmeasured return flows, and reports these records on an individual and aggregate monthly basis. When final records are available, Reclamation prepares and publishes the final Decree Accounting Record on a calendar year basis. For various reasons, a contractor may inadvertently consumptively use Colorado River water in an amount that exceeds the amount available under the users contract(s) (inadvertent overrun). Further, the final Decree Accounting Record may show that a Contractor inadvertently diverted water in excess of the quantity of water available under the Contract that may not have been evident from the preliminary records. Reclamation is therefore proposing an administrative policy that defines inadvertent overruns, establishes procedures that account for tl1e inadvertent overruns and defines the subsequent requirements for pay back to the Colorado River mainstream. Background Relevant to Biological Conservation Measures In August 2000, Reclamation submitted the "Biological Assessment for Proposed Interim Surplus Criteria, Secretarial ]mplementation Agreements for California Water Plan Components and Conservation Measures on the Lower Colorado River" (Biological Assessment) to the FWS. This assessment covered potentia] effects to threatened or endangered species along the lower Colorado River from implementing the proposed Interim Surplus Criteria and water transfers of up to 400 tllOusand acre-feet per year (KAFY) of Colorado River water, pursuant to the proposed IA. As part of the Biological Assessment, and in an effort to reduce impacts to federally listed species, Reclamation included as part of the proposed water transfers a number of biological conservation measures, such as creation of addition a] backwaters, and other specific measures. The FWS issued its Biological Opinion on January 12, 2001. The FWS concluded the proposed Federal actions, with implementation of the proposed conservation lA, lOP arId Related Federal Actio"s ElS 3