[Federal Register Volume 67, Number 44 (Wednesday, March 6, 2002)]
[Notices]
[Pages 10225-10227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5322]


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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 of extension of comment period, corrections.

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SUMMARY: The 1970 Criteria for Coordinated Long-Range Operation of 
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 provided for the coordinated long-range 
operation of the reservoirs constructed and operated under the 
authority of the Colorado River Storage Project Act, Boulder Canyon 
Project Act, and Boulder Canyon Project Adjustment Act for the purposes 
of complying with and carrying out the provisions of the Colorado River 
Compact, Upper Colorado River Basin Compact, and the Mexican Water 
Treaty.
    The 1970 Operating Criteria specified that a formal review take 
place at least once every five years with participation by such 
Colorado River Basin state representatives as each Governor may 
designate, and other parties and agencies as the Secretary of the 
Interior (Secretary) may deem appropriate. Public law 90-537 allows the 
Secretary, as a result of actual operating experience or unforeseen 
circumstances, to modify the Operating Criteria to better accomplish 
the purposes of the two basin compacts and the Mexican Water Treaty. 
The Commissioner of the Bureau of Reclamation (Reclamation) is the 
authorized agent of the Secretary for the purpose of conducting and 
coordinating this review.
    As part of the Operating Criteria review, Reclamation has 
incorporated an active public involvement process that includes all 
interested parties and stakeholders. This public process is designed to 
solicit comments on Operating Criteria provisions that may need 
revision as the result of actual operating experience, and to disclose 
the results of this analysis.
    Reclamation is extending the comment period for written comments 
through Friday, March 29, 2002. The various public view points 
expressed during the review process will be considered in determining 
if a change to the Operating Criteria is warranted. Reclamation is also 
requesting feedback to determine if a public meeting should be held to 
solicit comments from the public on the need to revise the Operating 
Criteria. Please let us know by Friday, March 29, 2002, if and where 
you would like us to conduct a public meeting.
    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.

DATES: Written comments on the Operating Criteria and/or feedback on 
whether or not to conduct a public meeting must be received on or 
before Friday, March 29, 2002.

ADDRESSES: Written comments on the Operating Criteria and/or feedback 
on whether or not to conduct a public meeting may be mailed to: 
Regional Director, Attention: BCOO-4600, Lower Colorado Region, Bureau 
of Reclamation, PO Box 61470, Boulder City, Nevada 89006-1470.

FOR FURTHER INFORMATION CONTACT: Jayne Harkins, Bureau of Reclamation, 
PO Box 61470, Boulder City, Nevada 89006-1470, faxogram number (702) 
293-8042, telephone number (702) 293-8190; or Tom Ryan, Bureau of 
Reclamation, 125 South State Street, Room 6107, Salt Lake City, Utah 
84138-1102, faxogram number (801) 524-5499, telephone number (801) 524-
3732.
    Supplementary Information and Corrections: This will be the sixth 
review of the Operating Criteria conducted since their initial 
promulgation in 1970. Previous reviews of the Operating Criteria 
resulted in no changes. The public review process for this review began 
with a Federal Register notice published on January 15, 2002 (Vol. 67, 
No. 10, p. 1986), announcing formal review of the Operating Criteria 
and inviting comments during the 60 days following the notice. In the 
January 15, 2002, notice, an e-mail address was published where 
comments could be sent. We regret that this e-mail address is currently 
unavailable. Please use the information cited above to provide written 
comments on the Operating Criteria and/or feedback on whether or not 
Reclamation should conduct a public meeting, or contact members of the 
Reclamation review team. The January 15, 2002, notice also included a 
copy of the Operating Criteria that contained several errors. This 
notice includes a corrected version of the Operating Criteria.
    Notification of dates, times, and locations for future public 
meetings or comment periods will be made through the Federal Register, 
media outlets, and to all respondents to this notice.

    Dated: February 21, 2002.
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

[[Page 10226]]

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 75,000,000 acre-feet at 
Lee 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 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;
    (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 7,500,000 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.

[[Page 10227]]

    (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) 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(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 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,'' used in Article II(4) herein, means 
that portion of the total capacity of the powerplant that is physically 
available for generation.

[FR Doc. 02-5322 Filed 3-5-02; 8:45 am]
BILLING CODE 4310-MN-P