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<br />. <br /> <br />. <br /> <br />" <br /> <br />Colorado River Reservoir Long-Range Operating Criteria <br /> <br />With respect to the sixth review of the Colorado River Reservoirs' Long-Range Operating Criteria <br />(LROC), Reclamation plans to request additional comments this month from the public, hold a <br />consultation meeting in September, analyze public comments in November, and issue a notice of proposed <br />action in December. This would be followed by a decision by the Secretary of the Interior in February <br />2003 as to whether the LROC will be changed. Listed below is Reclamation's timeline: <br /> <br />Completion Date Task to be Completed <br />August 2002 Issue Federal Register notice with public comments and <br /> Reclamation responses <br />September 2002 Public consultation meeting on possible revisions to <br /> Operating Criteria <br />October 2002 End of comment period <br />November 2002 Analysis of public comments <br /> Draft Reclamation position <br />December 2002 Federal Register notice of Reclamation's proposed action <br />February 2003 Secretarial decision and Federal Register notice of final <br /> decision <br /> <br />It is interesting to note that the Board provided Reclamation with comments regarding the sixth <br />review of the LROC on March 29, 2002. In those comments the Board "...suggested no changes be made <br />to the Criteria at this time." Over the past few months Reclamation has received a total of 16 sets of <br />comments from stakeholders. Reclamation has posted all of the comments received available to interested <br />parties on its web page (www.lc.usbr.l!ov). As the schedule indicates, Reclamation is soliciting additional <br />comments through October 2002. <br /> <br />Consideration of Rule for Unauthorized Water Diversions <br /> <br />Section 5 of the 1928 Boulder Canyon Project Act states "No person shall have or be entitled to <br />have the use for any purpose of the water stored as aforesaid except by contract -made as herein states. " <br />The United States Supreme Court Special Master in Arizona v. California addressed the issue of <br />unauthorized diversions by stating in Section 5 of the Decree that "...mainstream water shall be released <br />or delivered to water users... only pursuant to valid contracts therefor made with such users by the <br />Secretary of the Interior, pursuant to Section 5 of the Boulder Canyon Project Act.... " <br /> <br />In 1994, Reclamation issued a Notice of Proposed Rulemaking concerning "Regulations for <br />Administrating Entitlements to Colorado River Water in the Lower Colorado River Basin." The issue of <br />"unauthorized users" was included in the draft rules and regulations, with a procedure for Reclamation to <br />issue "cease and desist" orders to unauthorized users of mainstream Colorado River water. The Colorado <br />River Board in its response was in agreement that the issue of "unauthorized users" need to be addressed <br /> <br />4 <br />