43 U.S.C. § 1552 | Criteria for long-range operation of reservoirs

(a)

Promulgation by Secretary; order of priorities

43 U.S.C. 620 43 U.S.C. 617 43 U.S.C. 618In order to comply with and carry out the provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, and the Mexican Water Treaty, the Secretary shall propose criteria for the coordinated long-range operation of the reservoirs constructed and operated under the authority of the Colorado River Storage Project Act [ et seq.], the Boulder Canyon Project Act [ et seq.], and the Boulder Canyon Project Adjustment Act [ et seq.]. To effect in part the purposes expressed in this paragraph, the criteria shall make provision for the storage of water in storage units of the Colorado River storage project and releases of water form Lake Powell in the following listed order of priority:

(1)

section 1512 of this title releases to supply one-half the deficiency described in article III(c) of the Colorado River Compact, if any such deficiency exists and is chargeable to the States of the Upper Division, but in any event such releases, if any, shall not be required in any year that the Secretary makes the determination and issues the proclamation specified in ;

(2)

releases to comply with article III(d) of the Colorado River Compact, less such quantities of water delivered into the Colorado River below Lee Ferry to the credit of the States of the Upper Division from other sources; and

(3)

Provided storage of water not required for the releases specified in clauses (1) and (2) of this subsection to the extent that the Secretary, after consultation with the Upper Colorado River Commission and representatives of the three Lower Division States and taking into consideration all relevant factors (including, but not limited to, historic stream-flows, the most critical period of record, and probabilities of water supply), shall find this to be reasonably necessary to assure deliveries under clauses (1) and (2) without impairment of annual consumptive uses in the upper basin pursuant to the Colorado River Compact: , That water not so required to be stored shall be released from Lake Powell: (i) 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, (ii) to maintain, as nearly as practicable, active storage in Lake Mead equal to the active storage in Lake Powell, and (iii) to avoid anticipated spills from Lake Powell.

(b)

Submittal of criteria for review and comment; publication; report to Congress

January 1, 1970July 1, 1970January 1, 1972Not later than , the criteria proposed in accordance with the foregoing subsection (a) of this section shall be submitted to the Governors of the seven Colorado River Basin States and to such other parties and agencies as the Secretary may deem appropriate for their review and comment. After receipt of comments on the proposed criteria, but not later than , the Secretary shall adopt appropriate criteria in accordance with this section and publish the same in the Federal Register. Beginning , and yearly 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 operation for the current year. As a result of actual operating experience or unforeseen circumstances, the Secretary may thereafter modify the criteria to better achieve the purposes specified in subsection (a) of this section, but 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.

(c)

Powerplant operations

43 U.S.C. 620fSection 7 of the Colorado River Storage Project Act [] shall be administered in accordance with the foregoing criteria.

Pub. L. 90–537, title VI, § 602Sept. 30, 196882 Stat. 900(, , .)

Editorial Notes

References in Text

act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this titleThe Colorado River Storage Project Act, referred to in subsec. (a), is , , which is classified generally to chapter 12B (§ 620 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Dec. 21, 1928, ch. 42 45 Stat. 1057 section 617t of this titleThe Boulder Canyon Project Act, referred to in subsec. (a), is , , which is classified generally to subchapter I (§ 617 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see and Tables.

act July 19, 1940, ch. 643 54 Stat. 774oThe Boulder Canyon Project Adjustment Act, referred to in subsec. (a), is , , which is classified generally to subchapter II (§ 618 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 618 of this title and Tables.

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements

May 15, 2000section 3003 of Pub. L. 104–66 section 1113 of Title 31For termination, effective , of provisions in subsec. (b) of this section relating to the requirement that the Secretary transmit an annual report to Congress, see , as amended, set out as a note under , Money and Finance, and the 3rd item on page 113 of House Document No. 103–7.