Review of Existing Coordinated Long-Range Operating Criteria for Colorado River Reservoirs

Federal RegisterAug 20, 1996

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Review of Existing Coordinated Long-Range Operating Criteria for

Colorado River Reservoirs

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

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SUMMARY: The Operating Criteria for Colorado River Reservoirs

(Operating Criteria), promulgated pursuant to Public Law 90-537, were

published in the Federal Register on June 10, 1070. The Operating

Criteria provided for the coordinated long-range operation of the

reservoirs constructed and operated under the authority of the Colorado

River Storage Project Act, the Boulder Canyon Project Act, and the

Boulder Canyon Project Adjustment Act for the purposes of complying

with and carrying out the provisions of the Colorado River Compact, the

Upper Colorado River Basin Compact, and the Mexican Water Treaty. The

existing Operating Criteria are included at the end of this notice.

Written comments are invited from the public as to whether the

Operating Criteria should be modified.

DATES: Written comments must be received by October 18, 1996.

ADDRESSES: Written comments may be mailed to: Regional Director, Lower

Colorado Region, Bureau of

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Reclamation, P.O. Box 61470, Boulder City, Nevada 89005, or Regional

Director, Upper Colorado Region, Bureau of Reclamation, 125 South State

Street, Room 6107, Salt Lake City, Utah 84138-1102.

FOR FURTHER INFORMATION CONTACT: Bruce Moore at (801) 524-5415 or in

writing to the Bureau of Reclamation, Upper Colorado Region, 125 South

State Street, Room 6107, Salt Lake City, Utah 84138-1102.

SUPPLEMENTARY INFORMATION: The Operating Criteria provide for review at

least every 5-years with participation by such Colorado River Basin

State representatives as each Governor may designate and other parties

and agencies as the Secretary may deem appropriate. Pub. L. 90-537

allows the Secretary of the Interior, as a result of actual operating

experiences or unforeseen circumstances, to modify the Operating

Criteria to better achieve their specified statutory purposes. This

will be the fifth 5-year review of the Operating Criteria conducted

since their initial promulgation in 1970. The Commissioner of

Reclamation shall be the authorized agent of the Secretary of the

Interior for the purpose of conducting and coordinating this review.

The scope of this review shall be consistent with the statutory

purposes of the Operating Criteria, which are ``to comply with and

carry out the provisions of the Colorado River Compact, the Upper

Colorado River Basin Compact, and the Mexican Water Treaty.'' Long-

range operations generally refer to reservoir operations on an annual

or less frequent basis, as opposed to short-term (hourly or daily)

operations.

In addition to accepting written comments, open public meetings

will be held during calendar years 1996 and 1997. Notification of

dates, times and places for public meetings will be made through the

media and to all respondents to this notice.

Dated: August 14, 1996.

Stephen V. Magnussen,

Acting Commissioner.

Criteria for Coordinated Long-Range Operation of Colorado River

Reservoirs Pursuant to the Colorado River Basin Project Act of

September 30, 1968 (Public Law 90-537)

Criteria for coordinated long-range operation of Colorado River

Reservoirs pursuant to the Colorado River Basin Project Act of

September 30, 1968 (Public Law 90-537).

These Operating Criteria are promulgated in compliance with section

602 of Public Law 90-537. They are to control the coordinated long-

range operation of the storage reservoirs in the Colorado River Basin

constructed under the authority of the Colorado River Storage Project

Act (hereinafter ``Upper Basin Storage Reservoirs'') and the Boulder

Canyon Project Act (Lake Mead). The Operating Criteria will be

administered consistent with applicable Federal laws, the Mexican Water

Treaty, interstate compacts, and decrees relating to the use of the

waters of the Colorado River.

The Secretary of the Interior (hereinafter the ``Secretary'') may

modify the Operating Criteria from time to time in accordance with

section 602(b) of Public Law 90-537. The Secretary will sponsor a

formal review of the Operating Criteria at least every 5 years, with

participation by State representatives as each Governor may designate

and such other parties and agencies as the Secretary may deem

appropriate.

I. Annual Report

(1) On January 1, 1972, and on January 1 of each year thereafter,

the Secretary shall transmit to the Congress and to the Governors of

the Colorado River Basin States a report describing the actual

operation under the adopted criteria for the preceding compact water

year and the projected plan of operation for the current year.

(2) The plan of operation shall include such detailed rules and

quantities as may be necessary and consistent with the criteria

contained herein, and shall reflect appropriate consideration of the

uses of the reservoirs for all purposes, including flood control, river

regulation, beneficial consumptive uses, power production, water

quality control, recreation, enhancement of fish and wildlife, and

other environmental factors. The projected plan of operation may be

revised to reflect the current hydrologic conditions, and the Congress

and the Governors of the Colorado River Basin States shall be advised

of any changes by June of each year.

II. Operation of Upper Basin Reservoirs

(1) The annual plan of operation shall include a determination by

the Secretary of the quantity of water considered necessary as of

September 30 of that year to be in storage as required by section

602(a) of Public Law 90-537 (hereinafter ``602(a) Storage''). The

quantity of 602(a) Storage shall be determined by the Secretary after

consideration of all applicable laws and relevant factors, including,

but not limited to, the following:

(a) Historic streamflows;

(b) The most critical period of record;

(c) Probabilities of water supply;

(d) Estimated future depletions in the upper basin, including the

effects of recurrence of critical periods of water supply;

(e) The ``Report of the Committee on Probabilities and Test Studies

to the Task Force on Operating Criteria for the Colorado River,'' dated

October 30, 1969, and such additional studies as the Secretary deems

necessary;

(f) The necessity to assure that upper basin consumptive uses not

be impaired because of failure to store sufficient water to assure

deliveries under section 602(a) (1) and (2) of Public Law 90-537.

(2) If, in the plan of operation, either:

(a) The Upper Basin Storage Reservoirs active storage forecast for

September 30 of the current year is less than the quantity of 602(a)

Storage determined by the Secretary under Article II(1) hereof, for

that date; or

(b) The Lake Powell active storage forecast for that date is less

than the Lake Mead active storage forecast for that date; the objective

shall be to maintain a minimum release of water from Lake Powell of

8.23 million acre-feet for that year. However, for the years ending

September 30,1971 and 1972, the release may be greater than 8.23

million acre-feet if necessary to deliver 75 million acre-feet at Lees

Ferry for the 10-year period ending September 30, 1972.

(3) If, in the plan of operation, the Upper Basin Storage

Reservoirs active storage forecast for September 30 of the current

water year is greater than the quantity of 602(a) Storage determination

for that date, water shall be released annually from Lake Powell at a

rate greater than 8.23 million acre-feet per year to the extent

necessary to accomplish any or all of the following objectives:

(a) To the extent it can be reasonably applied in the States of the

Lower Division to the uses specified in Article III(e) of the Colorado

River Compact, but no such releases shall be made when the active

storage in Lake Powell is less than the active storage in Lake Mead.

(b) To maintain, as nearly as practicable, active storage in Lake

Mead equal to the active storage in Lake Powell, and

(c) To avoid anticipated spills from Lake Powell.

(4) In the application of Article II(3)(b) herein, the annual

release will be made to the extent that it can be passed through Glen

Canyon Powerplant when operated at the available capacity of the

powerplant. Any water thus retained in Lake Powell to avoid bypass of

water at

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the Glen Canyon Powerplant will be released through the Glen Canyon

Powerplant as soon as practicable to equalize the active storage in

Lake Powell and Lake Mead.

(5) Releases from Lake Powell pursuant to these criteria shall not

prejudice the position of either the upper or lower basin interests

with respect to required deliveries at Lees Ferry pursuant to the

Colorado River Compact.

III. Operation of Lake Mead

(1) Water released from Lake Powell, plus the tributary inflows

between Lake Powell and Lake Mead, shall be regulated in Lake Mead and

either pumped from Lake Mead or released to the Colorado River to meet

requirements as follows:

(a) Mexican Treaty obligations;

(b) Reasonable consumptive use requirements of mainstream users in

the lower basin;

(c) Net river losses;

(d) Net reservoir losses;

(e) Regulatory waters.

(2) Until such time as mainstream water is delivered by means of

the Central Arizona Project, the consumptive use requirements of

Article III(1)(b) of these Operating Criteria will be met.

(3) After commencement of delivery of mainstream water by means of

the Central Arizona Project, the consumptive use requirements of

Article III(1)(b) of these Operating Criteria will be met to the

following extent:

(a) Normal. The annual pumping and release from Lake Mead will be

sufficient to satisfy 7,500,000 acre-feet of annual consumptive use in

accordance with the decree in Arizona v. California, 376 U.S. 340

(1964).

(b) Surplus. The Secretary shall determine from time to time when

water in quantities greater than ``Normal'' is available for either

pumping or release from Lake Mead pursuant to Article II(B)(2) of the

decree in Arizona v. California after consideration of all relevant

factors, including, but not limited to, the following:

(i) The requirements stated in Article III(1) of these Operating

Criteria;

(ii) Requests for water by holders of water delivery contracts with

the United States, and of other rights recognized in the decree in

Arizona v. California;

(iii) Actual and forecast quantities of active storage in Lake Mead

and the Upper Basin Storage Reservoirs; and

(iv) Estimated net inflow to Lake Mead.

(c) Storage. The Secretary shall determine from time to time when

insufficient mainstream water is available to satisfy annual

consumptive use requirements of 7,500,000 acre-feet after consideration

of all relevant factors, including, but not limited to, the following:

(i) The requirements stated in Article III(1) of these Operating

Criteria;

(ii) Actual and forecast quantities of active storage in Lake Mead;

(iii) Estimate of net inflow to Lake Mead for the current year;

(iv) Historic streamflows, including the most critical period of

record;

(v) Priorities set forth in Article II(a) of the decree in Arizona

v. California; and

(vi) The purposes stated in Article I(1) of these Operating

Criteria.

The shortage provisions of Article II(B)(3) of the decree in

Arizona v. California shall thereupon become effective and consumptive

uses from the mainstream shall be restricted to the extent determined

by the Secretary to be required by section 301(b) of Public Law 90-537.

IV. Definitions

(1) In addition to the definitions in section 606 of Public Law 90-

537, the following shall also apply:

(a) Spills, as used in Article II(3)(c) herein, means water

released from Lake Powell which cannot be utilized for Project

purposes, including, but not limited to, the generation of power and

energy.

(b) Surplus, as used in Article III(3)(b) herein, is water which

can be used to meet consumptive use demands in the three Lower Division

States in excess of 7,500,000 acre-feet annually. The term ``surplus''

as used in these Operating Criteria is not to be construed as applied

to, being interpretive of, or in any manner having reference to the

term ``surplus'' in the Colorado River Compact.

(c) Net inflow to Lake Mead, as used in Article III(3) (b)(iv) and

(c)(iii) herein, represents the annual inflow to Lake Mead in excess of

losses from Lake Mead.

(d) Available capability, as used in Article II(4) herein, means

that portion of the total capacity of the powerplant that is physically

available for generation.

[FR Doc. 96-21216 Filed 8-19-96; 8:45 am]

BILLING CODE 4310-94-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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