OCR Text |
Show 120 UPDATING THE HOOVER DAM DOCUMENTS storage of water in Upper Basin reservoirs and Lake Mead and the release of water therefrom in accordance with Section 602 of Public Law 90-537, explained the procedures to be followed thereunder and invited comments prior to April 1, 1970. Among the principal points in the Secretary's letter was that the Secretary would determine each year the quantity of water reasonably necessary to be retained in Colorado River Storage Project reservoirs; i.e., Section 602(a) Storage, and dropping the use of a rule curve favored by the Upper Basin which would, in essence, establish predetermined quantities of water to be retained in storage, since the operation studies indicated that the rule curve would not govern operations for many years. The criteria provided for an estimated minimum annual release of 8.23 maf as an objective, but without in any way intending to prejudice the position of either the Upper or Lower Basin interests with respect to required deliveries at Lee Ferry pursuant to the Colorado River Compact or the Colorado River Basin Project Act. No specific operating elevations were established for Lake Mead. Filling Criteria is a matter separate and apart from the issuance of the Operating Criteria and would be made prior to adoption of the Operating Criteria and a decision would be made by July 1, 1970. Comments thereon were requested. K. Governor's Comments In a joint letter of March 13, 1970, the Governors of California, Arizona, and Nevada expressed general agreement with the Secretary's proposed criteria, although suggesting modifications in certain provisions. Nevada's comments dated March 27, 1970, California's comments dated March 30, 1970, The Metropolitan Water District's comments dated March 30, 1970, Arizona's comments dated March 30, 1970, and those of Southern California Edison Company dated April 1, 1970, urged retention of the Filling Criteria. The Hoover power allottees assert they have a cause of action against the United States for impairment of their power contracts due to withholding of water to fill Upper Basin reservoirs. The damages would be for (1) diminution in firm energy, (2) diminution in secondary energy, and (3) loss of power head; i.e., generating capacity. California contended that Section 502 of Public Law 90-537 settled the deficiency question and that the Filling Criteria and Operating Criteria are not incompatible. In a joint letter of March 31, 1970, the Governors of Colorado, New Mexico, Utah, and Wyoming provided their comments as well as those of the Upper Colorado River Commission. It included and emphasized a strong recommendation that the 1962 Filling Criteria be terminated and repeated the reasons therefor presented in the report of the Upper Colorado River Commission Engineering Committee of November 19, 1969, infra, together with a summary of those arguments, and suggested changes in several provisions of the proposed Operating Criteria. These included the use of 8 maf as the objective rather than 8.23 maf; urged the use of the high rule curve of 98.4 + to assure the filling of Upper Basin reservoirs to adequate storage levels; and the deletion of "contracts" as part of the "Law of the River" since its inclusion would upgrade Hoover Dam water and power contracts to the stature of an Act of Congress. On May 14, 1970, California filed a Rebuttal to the March 31, 1970, comments and recommendations of the Upper Basin States. The Rebuttal dealt with each of the reasons advanced by the Upper Basin States for the proposed early termination of the Filling Criteria as advocated by the Upper Basin States and with the suggested modifications of the several provisions of the proposed Operating Criteria. On May 25, 1970, Arizona provided its comments. On June 5, 1970, Nevada commented on the Upper Basin views. L. Adoption of Operating Criteria On June 8, 1970, after evaluation of the comments of the Upper and Lower Basin States, Secretary Hickel adopted the "Criteria for Coordinated Long-Range Operation of Colorado River Reservoirs" and transmitted to the representatives of the Governors of the seven Basin States a copy of the Operating Criteria. A detailed explanation of decisions on each of the suggestions and recommendations of the States was provided on June 9, 1970, by the Commissioner of Reclamation. The Secretary's letter acknowledged the contribution of the State-Federal Task Force. He stated that in his judgment the contents of Lake Powell and Lake Mead did not warrant termination of the Filling Criteria at this time. He recognized that a major objection by the Upper Basin has been the use of CRSP generated energy |