§1552 — Title 43 Public Lands | U.S. Code

Summary

The Secretary must create rules for how the Colorado River reservoirs are run long-term so the United States meets the Colorado River Compact, the Upper Colorado River Basin Compact, and the Mexican Water Treaty. The rules must say when water is released from Lake Powell and when it is kept in storage. Releases must follow this order: first, supply half of any shortfall the Upper Basin is responsible for under article III(c), unless the Secretary makes the determination and proclamation under section 1512 for that year; second, meet obligations under article III(d), minus any amounts already delivered below Lee Ferry that count for the Upper Basin; third, store what is not needed for the first two items if the Secretary, after talking with the Upper Colorado River Commission and representatives of the three Lower Basin states and looking at factors like historic flows and dry-period records, finds storage is needed to protect deliveries without hurting annual water use in the upper basin. Water not required to be stored should be released from Lake Powell so it can be used in the Lower Basin, except releases must not be made when Lake Powell’s active storage is less than Lake Mead’s; releases should also aim to keep active storage in Lake Mead about equal to Lake Powell and to avoid spills from Lake Powell. By January 1, 1970, the Secretary must send the proposed rules to the seven Basin governors and others for review. After comments, but no later than July 1, 1970, the Secretary must adopt the rules and publish them in the Federal Register. Beginning January 1, 1972, and each year after, the Secretary must send Congress and the Basin governors a report on how the reservoirs were actually operated the previous compact water year and the planned operation for the current year. The Secretary may later change the rules because of experience or unexpected events, but only after corresponding with the seven governors and consulting the state representatives they name. Section 7 of the Colorado River Storage Project Act must be carried out under these rules.

Title 43, §1552

Public Lands — Source: USLM XML via OLRC

(a)In 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 [43 U.S.C. 620 et seq.], the Boulder Canyon Project Act [43 U.S.C. 617 et seq.], and the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 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)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 section 1512 of this title;

(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)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: Provided, 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)Not later than January 1, 1970, 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 July 1, 1970, the Secretary shall adopt appropriate criteria in accordance with this section and publish the same in the Federal Register. Beginning January 1, 1972, 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)section 7 of the Colorado River Storage Project Act [43 U.S.C. 620f] shall be administered in accordance with the foregoing criteria.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Colorado River Storage Project Act, referred to in subsec. (a), is act Apr. 11, 1956, ch. 203, 70 Stat. 105, 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 section 620 of this title and Tables. The Boulder Canyon Project Act, referred to in subsec. (a), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, 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 section 617t of this title and Tables. The Boulder Canyon Project Adjustment Act, referred to in subsec. (a), is act July 19, 1940, ch. 643, 54 Stat. 774, 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 618o of this title and Tables.

Statutory Notes and Related Subsidiaries

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

§1552 Criteria for long-range operation of reservoirs