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<br />, ) <br />,~ <br /> <br />o <br /> <br />... <br /> <br />-. <br /> <br />With this perspective, Colorado makes the following comments on the Draft Environmental <br />Impact Statement (DEIS): . <br /> <br />Law of the River. Under the Colorado River Compact, the states of the Upper Basin have <br />a delivery obligation to the states of the Lower Basin. The storage provided by Glen <br />Canyon Dam is crucial to allow the Upper Basin to meet its delivery obligations in times <br />of shortage without curtailment of Upper Basin water uses. The Colorado RIver Storage <br />Project Act of 1956 (CRSP) authorized Glen Canyon Dam to allow for the comprehensive <br />development of the water resources of the Colorado River Basin and for the specific <br />purposes of regulating the flow of the Colorado River, storing water for beneficial <br />consumptive uses, making it possible for the States of the Upper Basin to utilize their <br />compact ap.,portionments. providing for the reclamation of arid and semiarid land, <br />controlling floods, and generating hydroelectric power as an incident of the other purposes. <br />43 U.S.c. ~ 620. Glen Canyon provides a large portion of the power revenues paid into the <br />Upper Colorado River Basin Fund established by CRSP which is used to repay the costs of <br />CRSP projects and aid in the construction and repayment of other projects to develop the <br />Upper Basin's compact allocation. 43 U.S.c. ~ 62Od. <br /> <br />The Colorado River Basin Project Act of 1968 ("CRBPA"), enacted .to provide a program <br />for the further comprehensive development of the water resources of the Colorado River <br />Basin and for the provision of additional and adequate water supplies for use in the upper <br />as well as in the lower Colorado River Basin, . also provides direction for Glen Canyon <br />Dam operations. It requires that the Secretary adopt criteria for the operation of federal <br />reservoirs on the Colorado River, and sets out specific priorities for deliveries, storage, and <br />releases from Glen Canyon Dam which were to be incorporated into the criteria 43 U.S.C <br />~ 1552. These provisions were the result of negotiations between the Upper and Lower <br />Basins, and struck a delicate balance between the two Basins' interests, efficiency, and <br />reasonable reservoir mllnllgement H.R Rep. No. 1312, 90th Cong., 2d Sess. (1968). One <br />of the listed criteria is to avoid spilling water from Lake Powell. <br /> <br />1\vo years after the enactment of CRBP A, the Secretary adopted the required .Criteria for <br />Long-Range Operation of Colorado River Reservoirs" (Operating Criteria). Paragraph 11(4) <br />of the operating criteria directs that equalization releases to Lake Mead may only be made <br />"to the extent that [they] can be passed through the Glen Canyon Powerplant when operated <br />at the available capability of the powerplant." <br /> <br />The Grand Canyon Protection Act of 1992, Title XVIII of P.L 102-575, 106 Stat. 4669, was <br />passed to address concerns that daily and within-the-month peaking power operations at <br />Glen Canyon Dam were damaging resources in Grand Canyon National Park. It directs the <br />Secretary to operate Glen Canyon Dam "in such a manner as to protect, mitigate adverse <br />impacts to, and improve the values for which Grand Canyon National Park and Glen <br />Canyon National Recreation Area were established, including, but not limited to, natural <br />and cultural resources and visitor use." ~ ]802. The Secretary is further directed to <br />implement the section: <br /> <br />2 <br />