Intent to Solicit Comments on the Development of Surplus Criteria for Management of the Colorado River and to Initiate National Environmental Policy Act (NEPA) Process

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Intent to Solicit Comments on the Development of Surplus Criteria

for Management of the Colorado River and to Initiate National

Environmental Policy Act (NEPA) Process

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice to solicit comments and initiation of NEPA process.

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SUMMARY: The Department of the Interior, Bureau of Reclamation

(``Reclamation''), is considering development of specific criteria that

will identify those circumstances under which the Secretary of the

Interior (``Secretary'') may make Colorado River water available for

delivery to the States of Arizona, California, and Nevada (Lower

Division States or Lower Basin) in excess of the 7,500,000 acre-foot

Lower Basin apportionment.

DATES: We must receive all comments at the address below on or before

June 30, 1999. In addition to accepting written comments, we will hold

public scoping meetings prior to the closing of the comment period. We

will hold the public scoping meetings to allow the public to comment on

the need for, and content of, specific surplus criteria as part of the

National Environmental Policy Act (NEPA) process initiated by this

notice. We will notify you of the dates, times, and places for these

meetings through the Federal Register, media outlets, and to all

respondents to this notice.

ADDRESSES: You may submit comments to the Regional Director, Lower

Colorado Region, Attention: Jayne Harkins, Bureau of Reclamation, P.O.

Box 61470, Boulder City, Nevada 89006-1470.

SUPPLEMENTARY INFORMATION: The Secretary, pursuant to the Boulder

Canyon Project Act of December 28, 1928, and the Supreme Court opinion

rendered June 3, 1963, and decree entered March 9, 1964 (Decree), in

the case of Arizona v. California, et al., is vested with the

responsibility to manage the mainstream waters of the Colorado River in

the Lower Basin. As the agency

[[Page 27009]]

that has been designated to act in the Secretary's behalf with respect

to these matters, Reclamation intends to scope and, if appropriate, to

develop and implement specific criteria under which ``surplus''

determinations will be made for the Lower Basin States.

Currently, each year, the Secretary establishes an Annual Operating

Plan (AOP) for the Colorado River Reservoirs. The AOP describes how

Reclamation will manage the reservoirs over a twelve month period,

consistent with the ``Criteria for Coordinated Long-Range Operation of

the Colorado River Reservoirs Pursuant to the Colorado River Basin

Project Act of September 30, 1968'' (Long-Range Operating Criteria) and

the Decree. Reclamation consults annually with the Colorado River Basin

States, Indian Tribes, and other interested parties in the development

of the AOP. Further, as part of the AOP process, the Secretary makes

annual determinations under the Long-Range Operating Criteria,

regarding the availability of Colorado River water for deliveries to

the Lower Division States. To meet the consultation requirements of

federal law, Reclamation also consults with the Colorado River Basin

States, Indian Tribes, and other interested parties during the five-

year periodic reviews of the Long-Range Operating Criteria.

In recent years, demand for Colorado River water in Arizona,

California, and Nevada has exceeded the Lower Basin's 7,500,000 acre-

foot basic apportionment. As a result, criteria for determining the

availability of surplus has become a matter of increased importance.

Under these circumstances, the Secretary believes that it may be

prudent to develop specific criteria that will guide the Secretary's

annual decision regarding the quantity of Colorado River water

available for delivery to the Lower Basin States. Such surplus criteria

would provide more predictability to States and water users.

Reclamation anticipates however, that surplus criteria will be subject

to change based upon new circumstances, and that such criteria may be

interim in nature.

Reclamation may implement the surplus criteria by revising the

Long-Range Operating Criteria set forth in Article III(3) or by

developing interim implementing criteria pursuant to Article III(3) of

the Long-Range Operating Criteria. Proceeding under Article III(3) may

be particularly appropriate because Section 602 of the Colorado River

Basin Project Act, as amended, requires that any modification to the

Long-Range Operating Criteria be made ``only after correspondence with

the Governors of the seven Colorado River Basin States and appropriate

consultation with such state representatives as each Governor may

designate.'' This statutory reference to the special role of the Basin

States in matters relating to the Long-Range Operating Criteria

underscores the importance of working closely with the states in

developing surplus criteria. Reclamation intends to appropriately

coordinate the development of surplus criteria with the Basin States,

in accordance with this mandate. In that regard, Reclamation recognizes

that efforts are currently underway to reduce California's reliance on

surplus deliveries.

Reclamation will take account of progress in that effort, or lack

thereof, in the decision-making process regarding specific surplus

criteria. Reclamation also intends to make full use of technical

information and approaches that have been developed through on-going

discussions with the Basin States. This information can be obtained

through the Reclamation contact listed above.

As part of the process initiated by this notice, Reclamation will

analyze the effects of specific surplus criteria on potential future

shortage determinations on the Colorado River. The criteria would be

consistent with relevant Federal law, and would recognize relevant

provisions of the Law of the River, which has evolved out of a

combination of Federal and State statutes, interstate compacts, court

decisions and decrees, an international treaty, contracts with the

Secretary, operating criteria, regulations, and administrative

decisions.

Reclamation will utilize a public process pursuant to NEPA during

the development of the surplus criteria. By this notice, Reclamation

invites all interested parties, including the Colorado River Basin

States, Indian Tribes, water users, members of the general public,

organizations, and agencies to present written comments concerning the

format for the criteria, the scope of specific surplus criteria, and

the issues and alternatives that they suggest should be analyzed. As

noted above, Reclamation will integrate the consultation requirements

of Section 602 of the Colorado River Basin Project Act, as amended,

into the NEPA process initiated by this notice. As part of this review,

Reclamation will consult with state representatives of each of the

Governors of the seven Colorado River Basin States, Indian Tribes,

members of the general public, representatives of academic and

scientific communities, environmental organizations, the recreation

industry and contractors for the purchase of Federal power produced at

Glen Canyon Dam.

Dated: May 13, 1999.

David J. Hayes,

Acting Deputy Secretary.

[FR Doc. 99-12491 Filed 5-17-99; 8:45 am]

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