[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]
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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]
BILLING CODE 4310-94-P
