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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Lower Buin Reservoin <br /> <br />Water shall be released or pumped from Lake Mead to meet the foUowing requirements: <br /> <br />(a) 1944 Mexican Water Treaty obligations; <br />(b) Reasonable benefieial consumptive use requirements of mainstream users in <br />the Lower Division States; <br />( c) Net river losses; <br />(d) Net reservoir losses; <br />(e) Regulatory wastes; and <br />(f) Flood control. <br /> <br />The Operating Criteria provide that after the commencement of delivery of mainstream water by <br />means of the CAP, the Secretary ofthe Interior will determine the extent to which the reasonable <br />beneficial consumptive use requirements of mainstreant users are met in the Lower Division <br />States. The reasonable beneficial consumptive use requirements are met depending on whether <br />a normaJ, surplus, or shortage condition has been determined. The normaJ condition is defined <br />as annuaJ pumping and release from Lake Mead sufficient to satisty 9,251 MCM (7.500 MAF) <br />of consumptive use in accordance with Article ill(3)(a) of the Operating Criteria and Article <br />II(B)(I) of the u.s. Supreme Court decree in Arizona v. California, The surplus condition is <br />defined as annuaJ pumping and release from Lake Mead sufficient to satisty in excess of 9,25 I <br />MCM (7.500 MAF) of eonsumptive use in accordance with Article ill(3)(b) of the Operating <br />Criteria and Article II(B)(2) of the U.S. Supreme Court decree in Arizona v. California. <br /> <br />The current water supply conditions foreeast mandatory flood control releases that are projected <br />to be above downstreant requirements in January and February of calendar year 2000. Using a <br />most probable inflow forecast for 2000, flood control releases are aJso projected in the beginning <br />of calendar year 200 I. Therefore, taking into account (I) the existing water storage conditions <br />in the basin, (2) the most probable near-term water supply conditions in the basin, and (3) that <br />the beneficiaJ consumptive use requirements of Colorado River mainstream users in the Lower <br />Division States are expected to be more than 9,250 MCM (7.5 MAF), the surplus condition is <br />the criterion governing the operation of Lake Mead for caJendar year 2000 in accordance with <br />Article ill(3)(b) of the Operating Criteria and Article II(B)(2) of the decree in Arizona v. <br />California. <br /> <br />While there still is no agreed upon long term strategy for the determination of surplus conditions, <br />the making of this determination, based on flood control and spill avoidance considerations, does <br />not preclude the Secretary from adopting other determination eriteria in future years. <br />Reclantation has initiated the National Environmental Policy Act process and has solicited <br />comments on the development ofspeeific surplus criteria for management of the Colorado River <br />in a FederaJ Register notice on May 18, 1999 (64 Fed. Reg" No. 95, p. 27008). Reclantation <br />continues to work on the development of specific surplus eriteria. <br /> <br />Nothing in the decree in Arizona v. California prohibits the Secretary of the Interior from <br />releasing water apportioned, but unused, in any Lower Division State for that year for <br /> <br />December I, 1999 <br /> <br />17 <br />