[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39455-39458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12923]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[RR03040000, 23XR0680A1, RX187860005004001]


Notice of Intent To Prepare an Environmental Impact Statement and 
Notice To Solicit Comments and Hold Public Scoping Meetings on the 
Development of Post-2026 Operational Guidelines and Strategies for Lake 
Powell and Lake Mead

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice and request for comments.

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SUMMARY: The Secretary of the Interior (Secretary) has directed the 
Bureau of Reclamation (Reclamation) to develop post-2026 Colorado River 
reservoir operational guidelines and strategies for Lake Powell and 
Lake Mead (referred to as ``post-2026 operations''). Several important 
reservoir and water management decisional documents and agreements that 
govern operation of Colorado River facilities and management of 
Colorado River water are currently scheduled to expire at the end of 
2026. Through this Federal Register notice, Reclamation is formally 
initiating the process to prepare an environmental impact statement 
(EIS) for the development of post-2026 operations.

DATES: This Federal Register notice initiates the public scoping 
process for the EIS. Reclamation requests that the public submit 
comments concerning the scope of specific operational guidelines, 
strategies, and any other issues that should be considered on or before 
August 15, 2023.
    Reclamation will host three virtual public meetings/webinars to 
provide summary information and receive oral comments:

 Monday, July 17, 2023, 1 p.m. to 2 p.m. (MDT)
 Tuesday, July 18, 2023, 10 a.m. to 11 a.m. (MDT)
 Monday, July 24, 2023, 6 p.m. to 7 p.m. (MDT)

ADDRESSES: Please send written comments pursuant to this notice to 
[email protected] or Bureau of Reclamation, Attn: Post-2026 (Mail 
Stop 84-55000), P.O. Box 25007, Denver, CO 80225.
    The registration link for the webinar held on Monday, July 17, 
2023, is https://swca.zoom.us/webinar/register/WN_-_hvFoMcRJ-I98k4n7-GvQ, or the dial in option (audio only) is (602) 753-0140 or (720) 928-
9299; Webinar ID: 918 5524 0606.
    The registration link for the webinar held on Tuesday, July 18, 
2023, is https://swca.zoom.us/webinar/register/WN_sbSwzBJhQ66Z-E65TGXX1g, or the dial in option (audio only) is (602) 753-0140 or 
(720) 928-9299; Webinar ID: 963 7946 3234.
    The registration link for the webinar held on Monday, July 24, 
2023, is https://swca.zoom.us/webinar/register/WN_r0ozNRpmRu-hmEpYxe0-Qg, or the dial in option (audio only) is (602) 753-0140 or (720) 928-
9299; Webinar ID: 949 1587 3150.

FOR FURTHER INFORMATION CONTACT: Amanda Erath, Colorado River Post-2026 
Program Coordinator, Bureau of Reclamation, at (303) 445-2766, or by 
email at [email protected]. Please also visit the project website at 
https://www.usbr.gov/ColoradoRiverBasin/Post2026Ops.html. Individuals 
in the United States who are deaf, deafblind, hard of hearing, or have 
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: This document provides notice that 
Reclamation intends to prepare an EIS for post-2026 operations and 
conduct public scoping. Reclamation is issuing this Federal Register 
notice pursuant to the National Environmental Policy Act of 1969, as 
amended (NEPA), 42 U.S.C. 4321 et seq.; the Council on Environmental 
Quality's regulations for implementing NEPA, 43 CFR parts 1500 through 
1508; and the Department of the Interior (Department or Interior) NEPA 
regulations, 43 CFR part 46.

Background

    The Colorado River Basin has been in a prolonged period of drought 
and low-runoff conditions, and despite current projections of 2023 
runoff being well above average, the period from 2000 through 2023 is 
currently estimated as the second driest period in more than a century 
and one of the driest periods in the last 1,200 years. From 2000 to 
2004, Lake Powell and Lake Mead lost nearly half of their combined 
storage. The onset of this period of acute drought spurred the 
development of the 2007 Interim Guidelines for Lower Basin Shortages 
and Coordinated Operations for Lake Powell and Lake Mead (2007 Interim 
Guidelines). Over the past 15 years since the adoption of the 2007 
Interim Guidelines, as drought and low-runoff conditions continued, 
additional responsive actions were needed to complement the 2007 
Interim Guidelines (e.g., 2019 Colorado River Basin Drought Contingency 
Plan (DCP)). At the end of 2026, a number of reservoir and water 
management decisional documents and agreements that govern the 
operation of Colorado River facilities and management of the Colorado 
River are scheduled to expire. These include the 2007 Interim 
Guidelines, the DCP, and other important management documents within 
the United States, as well as Minute 323 between the United States and 
Mexico pursuant to the United States-Mexico Treaty on Utilization of 
Waters of the Colorado and Tijuana Rivers and of the Rio Grande (1944 
Water Treaty).
    Since 2021, the Department has undertaken several actions to 
protect critical infrastructure in response to declining reservoir 
elevations and the deepening of drought conditions from 2020 to 2022. 
As the summer of 2022 ended with near record low elevations in Lake 
Powell and Lake Mead, the Department recognized that, absent a change 
in hydrologic conditions, water use patterns, or both, Colorado River 
reservoirs would continue to decline to critically low elevations 
before the 2007 Interim Guidelines expired. In order to modify 
guidelines for the operation of Glen Canyon and Hoover Dam for the 
remainder of the interim period (through 2026) to address these 
historic drought and low runoff conditions in the Basin, the Department 
initiated a NEPA process on November 17, 2022, to prepare a 
Supplemental Environmental Impact Statement (SEIS) for Near-term 
Colorado River Operations. The draft SEIS was released for public 
review on April 14, 2023. In light of the Lower Basin states' 
consensus-based system conservation proposal submitted on May 22, 2023, 
the Department temporarily withdrew the draft SEIS so

[[Page 39456]]

that it can fully analyze the effects of the proposal under NEPA. 
Reclamation intends to publish an updated draft SEIS for public comment 
with the consensus-based proposal as an action alternative and finalize 
the SEIS process later this year.
    Recognizing the need to begin to develop long-term strategies for 
Colorado River operations while simultaneously addressing the current 
drought conditions and preparing for the potential of continuing low 
runoff and low reservoir conditions, the Department published a Federal 
Register notice on June 24, 2022 (87 FR 37884), related to post-2026 
operations. In that Federal Register notice, the Department 
specifically requested public input on procedural approaches to 
developing the post-2026 operational strategies (process) and potential 
substantive elements of post-2026 operations. In response, the 
Department received substantial input from States, Tribes, water 
districts, non-governmental organizations, and the public. The input 
received has been summarized in a ``Pre-Scoping Summary Report'' 
(Available at https://www.usbr.gov/ColoradoRiverBasin/documents/Post-2026_Pre-Scoping%20Comment%20Summary%20Final_Updated1.30.2023_508.pdf) 
and is being considered and integrated into this NEPA process. This NOI 
follows that important early opportunity for public input, and formally 
initiates the post-2026 NEPA process.
    With respect to the relationship between the ongoing SEIS process 
and the post-2026 process, the November 2022 Federal Register notice 
was clear that the SEIS: ``does not interfere with, supplant, or 
supersede that separate post-2026 guidelines development process. 
Rather, this SEIS will inform and complement the development of post-
2026 guidelines.'' The SEIS is focused on limited sections of the 2007 
Interim Guidelines to develop the operational tools necessary to 
address potential extreme drought conditions during the 2024 to 2026 
timeframe. In contrast, the post-2026 process will address the 
subsequent timeframe and revisit all sections of the 2007 Interim 
Guidelines and other operating agreements that expire in 2026 (e.g., 
the DCP). The appropriate scope of post-2026 operations will be 
determined after conclusion of the public scoping process.
    The June 2022 Federal Register notice for pre-scoping for post-2026 
operations anticipated ``that near-term response actions and 
development of post-2026 operations will need to proceed on parallel 
timelines.'' The SEIS and post-2026 processes are now underway and 
proceeding simultaneously as predicted. Every effort will be made to 
provide clear and timely information regarding the milestones for 
public engagement in the post-2026 process to minimize the stakeholder 
and public burden of tracking and engaging in both efforts.

Purpose of This Notice of Intent

    To assure the continued stability of the Colorado River system into 
the future, Reclamation announces its intent to prepare an EIS for 
post-2026 operations and is now soliciting public comments on the scope 
of specific operational guidelines, strategies, and any other related 
issues that should be considered in the upcoming EIS.
    Reclamation invites all interested members of the public, including 
the seven Colorado River Basin States, Tribes, water and power 
contractors, representatives of the agricultural industry, municipal 
water providers, environmental organizations, representatives of the 
recreation industry, representatives of academic and scientific 
communities and other organizations and agencies to provide oral and 
written comments. Reclamation anticipates publishing a ``scoping 
report'' after completion of the public scoping meetings and the close 
of the comment period identified in this Federal Register notice.
    All comments received will be considered as Reclamation develops 
the proposed federal action, Purpose and Need, and scope of the 
analysis (e.g., affected area, geographic scope, time horizon/term). 
Similar to operational guidelines currently in place, it is likely that 
the post-2026 operational guidelines will be interim. Despite their 
interim nature, it is the Department's intent that these operational 
guidelines and strategies are sufficiently robust and adaptive and can 
withstand a broad range of future conditions thereby providing greater 
operational and planning stability to water users and the public 
throughout the Colorado River Basin.

June 2022 Request for Input on Development of Post-2026 Colorado River 
Operational Strategies

    In response to the June 2022 pre-scoping Federal Register notice, 
Reclamation heard from over 80 stakeholders and partners as well as 
over 2,000 members of the public. As noted above, in January 2023, 
Reclamation published a ``Pre-Scoping Comment Summary Report'' on its 
website describing and summarizing the input received and hosted a 
public outreach event on January 30, 2023, to communicate the findings.
    The input received in response to the June 2022 Federal Register 
notice included a broad range of comments and suggestions, not all of 
which can be addressed in this proposed process or described in this 
NOI. In addition, some suggestions may be part of ongoing or future 
efforts. However, some widely expressed themes related to the nature of 
future operational guidelines and strategies are actively being 
considered in our approach during the early stages of planning for this 
NEPA process:
     Future operational guidelines and strategies must support 
proactive management to improve system stability and avoid continuously 
managing in response to crises. To achieve this, future operational 
guidelines and strategies must be capable of both withstanding a broad 
range of future hydrologic and operating conditions and minimizing 
system vulnerability, i.e., they must be more robust and adaptive than 
current strategies.
     Future operational guidelines and strategies should 
incorporate a more holistic approach to Colorado River water management 
in a way that focuses on the long-term sustainability of both the 
Basin's population and natural environment, minimizes system 
vulnerability, and increases system resiliency.
     Coordinated operation of Lake Powell and Lake Mead is one 
of multiple ways that the system can be managed. Alternative paradigms, 
e.g., basing reservoir operations on combined reservoir or system 
storage, should be explored.

Structure of the 2007 Interim Guidelines and Operating Experience

    The purpose of the 2007 Interim Guidelines was determined in the 
early stages of the NEPA process to develop the 2007 Interim Guidelines 
and consists of three components. As stated in Section IV of the 2007 
Interim Guidelines, the purpose is to:
     ``improve Reclamation's management of the Colorado River 
by considering trade-offs between the frequency and magnitude of 
reductions of water deliveries, and considering the effects on water 
storage in Lake Powell and Lake Mead, and on water supply, power 
production, recreation, and other environmental resources;
     provide mainstream United States users of Colorado River 
water, particularly those in the Lower Division states, a greater 
degree of predictability with respect to the amount of annual water 
deliveries in future years,

[[Page 39457]]

particularly under drought and low reservoir conditions; and
     provide additional mechanisms for the storage and delivery 
of water supplies in Lake Mead to increase the flexibility of meeting 
water use needs from Lake Mead, particularly under drought and low 
reservoir conditions.''
    Despite the additional agreements and actions undertaken since the 
adoption of the 2007 Interim Guidelines and on-going processes, the 
four elements of the 2007 Interim Guidelines, collectively intended to 
meet the purpose, have remained intact. These elements are:
     Shortage Guidelines: Determines those conditions under 
which the Secretary would reduce the annual amount of water available 
for consumptive use from Lake Mead to the Lower Division states below 
7.5 million acre-feet pursuant to the Consolidated Decree.
     Coordinated Reservoir Operations: Defines the coordinated 
operations of Lake Powell and Lake Mead to provide improved operation 
of these two reservoirs, particularly under low reservoir conditions. 
As described in Section XI.G.6. of the Record of Decision, the 
objective of the operation of Lake Powell and Lake Mead is ``to avoid 
curtailment of uses in the Upper Basin, minimize shortages in the Lower 
Basin and not adversely affect the yield for development available in 
the Upper Basin.''
     Storage and Delivery of Conserved Water: Allows for the 
storage and delivery, pursuant to applicable federal law, of conserved 
Colorado River System and non-System water in Lake Mead to increase the 
flexibility of meeting water use needs from Lake Mead, particularly 
under drought and low reservoir conditions.
     Surplus Guidelines: Determines those conditions under 
which the Secretary may declare the availability of surplus water for 
use within the Lower Division states. Modifies the substance of the 
Interim Surplus Guidelines existing at the time the Guidelines were 
adopted by extending the term from 2016 to 2026 and terminating the 
most permissive provision.
    The interim nature of the 2007 Interim Guidelines provided the 
opportunity to gain valuable experience in the management of Lake 
Powell and Lake Mead, improving the basis of understanding for future 
operational decisions. First implemented in 2008, Reclamation now has 
over 15 years of operational experience under the 2007 Interim 
Guidelines. Section XI.G.7.D. of the 2007 Interim Guidelines required 
the documentation of this experience and an evaluation of the 
effectiveness of the 2007 Interim Guidelines. In fulfilment of this 
provision, in December 2020, Reclamation published on its website 
``Review of the Colorado River Interim Guidelines for Lower Basin 
Shortages and Coordinated Operations for Lake Powell and Lake Mead'' 
(Available at https://www.usbr.gov/ColoradoRiverBasin/#7.D.Review) (the 
2020 7.D. Review).
    The 2020 7.D. Review found that while the 2007 Interim Guidelines 
were effective at meeting their overall purpose, the increasing 
severity of the drought and prolonged period of low runoff demonstrated 
that the 2007 Interim Guidelines were insufficiently robust to protect 
reservoir storage, requiring the adoption of the DCPs and other 
responsive adaptive actions, both within the United States and in 
cooperation with Mexico.
    The 2020 7.D. Review also documented important considerations for 
enhancing future effectiveness: (1) enhanced flexibilities and 
transparency for water users; (2) expanded participation in 
conservation and Basin-wide programs; (3) increased consideration of 
the linkage that occurs through coordinated reservoir operations, 
particularly with respect to the uncertainties inherent in model 
projections used to set operating conditions; and (4) more robust 
measures to protect reservoir levels.
    Following the publication of the 2020 7.D. Review, as low snowpack 
and runoff conditions worsened, Reclamation undertook emergency and 
other drought response actions in 2021 and 2022 to protect 
infrastructure and operations at Glen Canyon Dam. In the November 2022 
Federal Register notice, the Department found that due to the existence 
of ``extraordinary circumstances'' per Section 7.D of the 2007 Interim 
Guidelines, modified operating provisions may be required in order to 
ensure Glen Canyon Dam continues to operate under its intended design 
and to protect Hoover Dam operations, system integrity, and public 
health and safety and initiated the on-going SEIS process.
    Considering the past 15 years of operating experience, the findings 
described in the 2020 7.D. Review, the themes expressed in response to 
the June 2022 Federal Register notice, and the information included in 
this NOI; Interior is interested in receiving specific input on how the 
purpose and the elements of the 2007 Interim Guidelines should be 
retained, modified or eliminated to provide greater stability to water 
users and the public throughout the Colorado River Basin through robust 
and adaptive operational guidelines. This input will be used to inform 
our decision on the proposed federal action, Purpose and Need, and 
scope of the analysis (e.g., affected area, geographic scope, time 
horizon/term).

Elements of Process Designed to Date

    In the June 2022 Federal Register notice, Reclamation identified 
that it intends to design and implement a stakeholder process for this 
EIS that is inclusive, transparent, and encourages meaningful 
engagement. Using the input received during that comment period and 
correspondence from Basin partners, Reclamation is in the early stages 
of developing certain components of its engagement and outreach 
approaches.
    With respect to developing alternatives, input received in response 
to the June 2022 Federal Register notice suggested that Reclamation 
expand beyond its traditional methods of engagement and requested an 
inclusive process that encourages collaboration and supports the 
exploration of a broad range of creative operational strategies. To 
this end, and among other potential approaches, Reclamation is working 
with experts to develop a web-based tool that enables users with 
different levels of technical skill to explore, create, and compare 
potential operating strategies to enhance development of alternatives. 
The use of this common, accessible platform is just one part of 
Reclamation's stated goals of improving stakeholder and partner 
knowledge and engagement that supports external parties in developing 
strategies and provides the public greater and more timely access to 
relevant technical information.
    In anticipation of the target Fall 2023 launch of the tool, 
Reclamation has convened an Integrated Technical Education Workgroup 
that is actively working to ensure that stakeholders are better 
prepared and able to engage in a robust alternatives development 
process. While it is valuable during this comment period to communicate 
ideas about the concepts and structures that could be included in 
alternatives, it is not necessary to submit comprehensive alternatives 
before the more focused period of alternatives development begins this 
fall.
    With respect to the timing and structure of outreach during the 
NEPA process, Reclamation intends to develop an approach that 
facilitates inclusion at multiple levels and enhances tribal engagement 
and inclusivity. This structure for partner, stakeholder and public 
engagement will include individualized outreach, leverage existing 
groups and forums, create new

[[Page 39458]]

groups and forums, and provide for clear and timely communication with 
the public.
    Through the individualized partner and stakeholder outreach, 
Reclamation will be available for meetings upon request and will 
prioritize regular, meaningful, and robust consultation with Tribal 
Nations. Existing forums and groups will be continued and leveraged, 
such as the monthly Reclamation-hosted Tribal Information Exchanges. 
Reclamation is also exploring options for increasing tribal involvement 
through the potential development of new groups and forums. In addition 
to timely and clear communication with the public at regular NEPA 
milestones, Reclamation intends to set up a broad partner-stakeholder 
group to ensure a full understanding of each upcoming step in the NEPA 
process.
    As discussed in the June 2022 Federal Register notice, the 
Department is also committed to identifying processes that can 
complement the efforts of the International Boundary and Water 
Commission (IBWC) to develop post-2026 agreements that would succeed 
current agreements contained in Minute 323 to the 1944 Water Treaty. 
The Department will continue to coordinate with the IBWC to ensure 
Interior-led domestic planning processes are implemented in a 
coordinated and complementary fashion to those of the IBWC with a goal 
of ensuring similar timelines for informed decision making.

Public Disclosure of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Maria Camille Touton,
Commissioner, Bureau of Reclamation.
[FR Doc. 2023-12923 Filed 6-15-23; 8:45 am]
BILLING CODE 4332-90-P