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<br />plan of operation for the Colorado River System reservoirs. Within <br />that plan the Secretary must make several determinations including: <br />(1) the projected operation of the Colorado River reservoirs to <br />satisfy project purposes under varying hydrologic and climatic <br />conditions: (2) the quantity of water considered necessary as of <br />September 30 of each year to be in storage in the Upper Basin <br />reservoirs as required by Section 602(a) of Public Law 90-537: (3) <br />water available for delivery pursuant to the 1944 Mexican Water <br />Treatv and Minute No. 242 of the International Boundary and Water <br />Commission (IBWC): (4) the quantification of reasonable beneficial <br />consumptive use requirements of mainstream users in the Lower Basin <br />that will be met under a "normal", "surplus", or "shortage" <br />condition as outlined in Article III of the Operating Criteria: and <br />(5) the quantification of water apportioned to but unused by one or <br />more Lower Division states that can be used to satisfy reasonable <br />beneficial consumptive use requests of mainstream users in other <br />Lower Division states as provided in the Decree in Arizona v. <br />California (376 U.S. 340). <br /> <br />In making these determinations, the Secretary of the Interior <br />must consider all applicable laws and relevant factors as specified <br />in the Operating Criteria, including but not limited to: <br /> <br />(1) The requirements stated in Article 111(1) of the <br />Operating Criteria: <br />(2) Requests for water by holders of water delivery contracts <br />with the United States, and of other rights recognized in <br />the Decree in Arizona v. California: <br />(3) Actual and forecast quantities of active storage in Lake <br />Mead and the Upper Basin storage reservoirs: <br />(4) Estimated net inflow to Lake Mead; <br />(5) Historic streamflows, including the most critical period <br />of record: <br />(6) Probabilities of water supply; <br />(7) Estimated future depletions; <br />(8) Priorities set forth in Article II(A) of the Decree in <br />Arizona v. California; and <br />(9) The purposes stated in Article I (2) of the Operating <br />Criteria. <br /> <br />Currently, the process by which the Secretary has considered <br />the above relevant factors is, for the most part, undefined and <br />therefore it is not clear what forms the technical basis for the <br />Secretary's determinations. This has led to confusion and <br />misunderstanding as to what these determinations really mean and <br />how they are used to guide the operation of the Colorado River <br />System reservoirs. This has become critical now that requests for <br />water to meet reasonable beneficial consumptive use from the <br />mainstream in the Lower Division states can exceed 7.5 maf. <br /> <br />2 <br />