[Federal Register Volume 67, Number 10 (Tuesday, January 15, 2002)]
[Notices]
[Pages 1986-1988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-688]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Review of Existing Coordinate 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, 1970. The Operating 
Criteria state that the Secretary will sponsor a formal review of the 
Operation Criteria at least every 5 years. As part of that 5-year 
review process, the Bureau of Reclamation invites written comments 
regarding whether the Operating Criteria should be modified, and if so, 
how they should be modified. The existing Operating Criteria are 
included at the end of this notice.

DATES: Written comments must be received on or before March 18, 2002.

ADDRESSES: Written comments may be mailed to: Regional Director, Attn: 
BCOO-4600, Lower Colorado Region, Bureau of Reclamation, P.O. Box 
61470, Boulder City, NV 89006-1470.

FOR FURTHER INFORMATION CONTACT: Jayne Harkins at (702) 293-8190 or in 
writing at Bureau of Reclamation, Lower Colorado Region, P.O. Box 
61470, Boulder City, NV 89006-1470 or by faxogram at (702) 293-8042 or 
Tom Ryan at (801) 524-3732 or in writing at Bureau of Reclamation, 
Upper Colorado Region, 125 South State Street, Salt Lake City, Utah 
84138-1102. E-mail can be sent to [email protected].

SUPPLEMENTARY INFORMATION: 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 Operating Criteria provide for a review at least every 5 years 
with participation by Colorado River Basin state representatives as 
each Governor may designate and other parties and agencies as the 
Secretary of the Interior may deem appropriate. As provided in Public 
Law 102-575 (The Grand Canyon Protection Act of 1992), the Secretary 
also consults in this review process with the general public including 
representatives of academic and scientific communities, environmental 
organizations, the recreation industry, and contractors for the 
purchase of Federal power produced at Glen Canyon Dam. This will be the 
sixth 5-year review of the Operating Criteria since their initial 
promulgation in 1970. The Commissioner of the Bureau of Reclamation 
shall be the authorized agent of the Secretary of the Interior for the 
purposes of conducting and coordinating this review.
    The Record of Decision, Colorado River Interim Surplus Guidelines 
Final Environmental Impact Statement (Interim Surplus Guidelines) 
states that 5-year reviews of the Interim Surplus Guidelines may be 
conducted and if so, such reviews would be coordinated with the 
Operating Criteria review. The Interim Surplus Guidelines were signed 
by former Secretary Bruce Babbit on January 16, 2001, became effective 
in

[[Page 1987]]

February 2001, and are to be applied in 2002. Accordingly, at this 
time, there is no need for a review of the Interim Surplus Guidelines.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review. Individual 
respondents may request that we withhold their home address from public 
disclosure, which we will honor to the extent allowable by law. There 
also may be circumstances in which we would withhold a respondent's 
identity from public disclosure, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public disclosure in their entirety.
    In addition to written comments, open public meetings will be 
conducted during calendar year 2002. Notification of dates, times, and 
locations for public meetings will be made through the Federal 
Register, media outlets, and to all respondents to this notice.

    Dated: December 20, 2001.
John W. Keys, III,
Commissioner, Bureau of Reclamation.

Criteria for Coordinated Long-Range Operation of Colorado River 
Reservoirs Pursuant to the Colorado River Basin Project Act of 
September 30, 1968 (Pub. L. 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 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 Pub. L. 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 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 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 each year to be in storage as required by Section 
602(a) of Pub. L. 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 of 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 basing consumptive uses not 
be impaired because of failure to store sufficient water to assure 
deliveries under Section 602(a)(1) and (2) of Pub. L. 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 75,000,000 acre-
feet at Lee Ferry for the 10-year period ending September 30, 1972.

    (3) If, 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 capability of the 
powerplant. Any water thus retained in Lake Powell to avoid bypass of 
water at 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 Lee 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;

[[Page 1988]]

    (c) Net river losses;
    (d) Net reservoir losses;
    (e) Regulatory wastes.
    (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 acre-feet of annual consumptive use in 
accordance with the decree in Arizona v. California, 376 U.S. 340 
(1964).
     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) Shortage: 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) estimated 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(2) 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 Section 301(b) of Public Law 90-537.

IV. Definitions

    (1) In addition to the definitions in Section 606 of Pub. L. 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 general 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 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,'' used in Article II(4) herein, means 
that portion of the total capacity of the powerplant that is physically 
available for generation.

[FR Doc. 02-688 Filed 1-14-02; 8:45 am]
BILLING CODE 4310-MN-M