§ 1552. — Criteria for longrange operation of reservoirs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1552]
TITLE 43--PUBLIC LANDS
CHAPTER 32--COLORADO RIVER BASIN PROJECT
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 1552. Criteria for long-range operation of reservoirs
(a) Promulgation by Secretary; order of priorities
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) Submittal of criteria for review and comment; publication; report to
Congress
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) Powerplant operations
Section 7 of the Colorado River Storage Project Act [43 U.S.C. 620f]
shall be administered in accordance with the foregoing criteria.
(Pub. L. 90-537, title VI, Sec. 602, Sept. 30, 1968, 82 Stat. 900.)
References in Text
The Colorado River Storage Project Act, referred to in subsec. (a),
is act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which is
classified generally to chapter 12B (Sec. 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, as amended, which is classified
generally to subchapter I (Sec. 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, as amended, which is
classified generally to subchapter II (Sec. 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.
Termination of Reporting Requirements
For 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.
Section Referred to in Other Sections
This section is referred to in sections 1521, 1527 of this title;
title 16 section 228h.
