43 U.S.C. § 1552

Criteria for long-range operation of reservoirs

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(a) Promulgation by Secretary; order of prioritiesIn 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.

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, § 602, Sept. 30, 1968, 82 Stat. 900.)Editorial NotesReferences 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 SubsidiariesTermination 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.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1973–2022 · leading case: Grand Canyon Trust v. United States Bureau of Reclamation, 691 F.3d 1008 (9th Cir. 2012).

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Grand Canyon Trust v. United States Bureau of Reclamation, 691 F.3d 1008 (9th Cir. 2012). · cites it 4× “See 43 U.S.C. § 1552 (a). The Secretary adopted the Long-Range Operating Criteria in 1970, which established a minimum annual water release from Lake Powell of 8.”

Badoni v. Higginson, 638 F.2d 172 (10th Cir. 1980). · cites it 2× “43 U.S.C. § 1552 (a). The operational criteria were published on June 10, 1970, shortly after NEPA’s effective date of January 1, 1970.”

Gasser v. United States, 14 Cl. Ct. 476 (Ct. Cl. 1988). “885 , 900 (codified at 43 U.S.C. § 1552 (1982)). Anticipatory releases were made from Hoover Dam in 1979, 1980, 1981, and 1983, due to anticipated above-average inflows.”

Arizona Power Auth. v. Morton, 549 F.2d 1231 (9th Cir. 1977). “900 (1968), 43 U.S.C. § 1552 (c). Arizona Power contends, however, that Section 602 on its face deals only with criteria for coordination of water releases from reservoirs constructed under the CRSP and Boulder Canyon Project Acts.”

Grand Canyon Trust v. U.S. Bureau of Reclamation, 623 F. Supp. 2d 1015 (D. Ariz. 2009). “43 U.S.C. § 1552 (b). Long Range Operating Criteria for the Dam were adopted by the Secretary on June 4, 1970, and remain largely unchanged today.”

Navajo Nation v. Usdoi, 996 F.3d 623 (9th Cir. 2021). “USDOI 43 U.S.C. § 1552 (a). Each year, Interior must determine whether there will be enough water to satisfy the 7.”

Friends of the Earth v. Armstrong, 485 F.2d 1 (10th Cir. 1973). “The Project Act ( 43 U.S.C. § 1552 (a)) required the formulation of operating criteria by the Bureau of Reclamation for the operation of Glen Canyon Dam and Hoover Dam to include the relationship of the two.”

Grand Canyon Trust v. United States Bureau of Reclam (9th Cir. 2012). · cites it 4× “See 43 U.S.C. § 1552 (a). The Secretary adopted the Long-Range Operating Criteria in 1970, which established a minimum annual water release from Lake Powell of 8.”

Navajo Nation v. Usdoi (9th Cir. 2022). “43 U.S.C. § 1552 (a). Each year, Interior must determine whether there will be enough water to satisfy the 7.”

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