[Federal Register Volume 64, Number 95 (Tuesday, May 18, 1999)] [Notices] [Pages 27008-27009] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-12491] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4310-94-P