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<br />. <br /> <br />. <br /> <br />. <br /> <br />The LROC provide that the Secretary will detemline the extent to which the reasonable <br />consumplive use requirerrents of mainstream users in Arizona, California and Nevada (the Lower <br />Division states) can be met. The LROC define a nornlal year as a year in which annual pumping <br />and release trom Lake Mead willte suffcient to satisfy 7.5 Olaf of consumptive use in accordance <br />with the Decree. A surpbls year is defmed as a year in which water in quantities greater than <br />normal (i.e., greater than 7.5 mat) is available for purrping or release from Lake Mead pursuant to <br />Article II(B)( 2) 0 fthe Decree after consideration of relevant factors, inc luding the factors listed in <br />the LROC. Surplus water is avaihble to agencies which have contracted with the Secretary for <br />delivery of surplus water, for use when thcir water demand exceeds their basic entitlement, and <br />when the excess demand carnot be met within the basic apportionment of their state. Water <br />apportioned to, but unused by one or more Lower Division states can be used to satisfy teneficial <br />conswnptive use requests ofmainstream users in other Lower Division states as provided in <br />Article II(B)(6) of the Decree. <br /> <br />Pursuant to the CRBPA, the LROC are utilized by the Secretary, on an annual basis, to make <br />deternlinations with respect to the projected plan of ope rat ions of the storage reselVoirs in the <br />Colorado River Basin. The AOP is prepared by Reclamation, acting on behalfofthe Secretary, in <br />consultation with representatives of the Colorado River Basin states (Basin States) and other <br />parties, as required by federal law. The interim surplus guidelines would selVe to implement the <br />provisions of Article II1(3)(b) of the LROC on an arumal basis in tbe detenninations made by the <br />Secretary as part of the AOP process for a period of fifteen years. <br /> <br />To date, the Secretary has applied factors, including but not limited to those fOlU1d in Article <br />II1(3Xb)(i-iv) oftre LROC, in annual determinations oftre avaihbility of surplus quantities of <br />water for pumping or release from Lake Mead. As a resu It of actual operating experience and <br />through preparation of AOPs, particularly during recent years when there has been increasing <br />demand for surplus water, the Secretary has detennined that there is a need for more specific <br />surplus guidelines, consistent with the Decree and applicable federal law, to assist in the <br />Secretary's annual decision making during an interim period. <br /> <br />For many years, California has teen diverting n:tJre than its normal 4.4 maf apportionment. Prior <br />to 1996, California utilized unused apportionments of other Lower Division states Ihat were made <br />available by the Secretary. Since 1996, Cali!ornia has also utilized surplus water made available <br />by Secretarial delermination. Califurni~ is in the process of developing the means to reduce its <br />annual use of Colorado River water to 4.4 ma f. Both Arizona and Nevada are approaclling full <br />use of their Colorado River apportiorunents. <br /> <br />Additionally, through adoption of specific interim surplus guidelines, tre Secretary will be able to <br />afford mainstream users of Colorado River waler, particularly those in California who currently <br />utilize surplus flows, a greater degree of predictability with respect to the likely existence, or lack <br />thereof, of surplus conditions on the river in a given year. Adoption of the interim surplus <br />guidelires is interned to recognize Califurnia's plan to reduce reliance on surplus deliveries, to <br />assist California in moving toward its allocated share of Colorado River water, and to avoid <br /> <br />3 <br />