Notice of Intent To Prepare a Supplemental Environmental Impact Statement for December 2007 Record of Decision Entitled Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations For Lake Powell and Lake Mead, 69042-69045 [2022-25004]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Reclamation

[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69042-69045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25004]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[RR03010000, 22XR0680A1, RX.18786000.5009000]


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement for December 2007 Record of Decision Entitled Colorado River 
Interim Guidelines for Lower Basin Shortages and Coordinated Operations 
For Lake Powell and Lake Mead

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of intent; overview of proposed approach; request for 
comments.

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SUMMARY: The Secretary of the Interior has directed the Bureau of 
Reclamation (Reclamation) to prepare a Supplemental Environmental 
Impact Statement (SEIS). The Supplement is to the December 2007 Record 
of Decision entitled Colorado River Interim Guidelines for Lower Basin 
Shortages and Coordinated Operations for Lake Powell and Lake Mead 
(2007 Interim Guidelines). The Secretary is directing this action 
because the existing operating guidelines are insufficient given 
current hydrology and reservoir conditions and in light of plausible 
low runoff conditions in the Colorado River Basin over the next four 
years. Through this Federal Register notice, Reclamation is providing 
an overview of the purpose and need for the SEIS, as well as its 
anticipated approach and timeframe for decisions on revised operating 
guidelines for Lake Powell and Lake Mead.

DATES: This Federal Register notice initiates the public-scoping 
process for the SEIS. Reclamation requests that the public submit 
comments concerning the scope of the analysis, potential alternatives, 
and identification of relevant information, and studies on or before 
December 20, 2022.
    Reclamation will host two public webinars to summarize the content 
and purpose of this Federal Register notice and to receive oral 
comments:
     Tuesday, November 29, 2022, 10:00 a.m. to 12:00 p.m. MST.
     Friday, December 2, 2022, 11:00 a.m. to 1:00 p.m. MST.

ADDRESSES: Send written comments or questions regarding the proposed 
SEIS to Reclamation 2007 Interim Guidelines SEIS Project Manager, Upper 
Colorado Basin Region, 125 South State Street, Suite 8100, Salt Lake 
City, Utah 84138; or by email to [email protected].
     The virtual meeting held on Tuesday, November 29, 2022, 
may be accessed at: https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_MWIyNmE5MjYtMDU3Ny00M2NlLWI4MWUtOTk2NjQ0YzhjZWUz%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%25220693b5ba-4b18-4d7b-9341-f32f400a5494%2522%252c%2522Oid%2522%253a%2522388b569b-9117-49f0-b6f1-cd12ff0587b0%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=c4bdcf7e-39d2-40e8-9fee-98e31f947360&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true.
     The virtual meeting held on Friday, December 2, 2022, may 
be accessed at: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODRjNWM1MzAtNmI4Zi00MDVkLWJlYjMtMzcxOGQwYWQ3ZjQ0%40thread.v2/0?context=%7b%22Tid%22%3a%220693b5ba-4b18-4d7b-9341-f32f400a5494%22%2c%22Oid%22%3a%22388b569b-9117-49f0-b6f1-cd12ff0587b0%22%7d.
    For more information regarding the proposed SEIS and the virtual 
meetings, go to https://www.usbr.gov/ColoradoRiverBasin/SEIS.html.

FOR FURTHER INFORMATION CONTACT: Ms. Dedina Williams, Bureau of 
Reclamation, Lower Colorado Basin Region, at (702) 293-8010, or by 
email at [email protected]; or Ms. Marcie Bainson, Bureau of 
Reclamation, Upper Colorado Basin Region, at (801) 524-3604, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: This document provides notice that 
Reclamation intends to prepare an SEIS and a modified Record of 
Decision for the 2007 Interim Guidelines. Reclamation is issuing this 
Federal Register notice pursuant to the National Environmental Policy 
Act of 1969, as amended (NEPA), 42 U.S.C. 4321 et seq.; the Council on 
Environmental Quality's (CEQ) regulations for implementing NEPA, 43 CFR 
parts 1500 through 1508; and the Department of the Interior's NEPA 
regulations, 43 CFR part 46. The Record of Decision for the 2007 
Interim Guidelines is available at 73 FR 19873 (April 11, 2008).

Background

    On August 16, 2022, the Department of the Interior announced: 
``Prolonged drought and low runoff conditions accelerated by climate 
change have led to historically low water levels in Lakes Powell and 
Mead. Over the last two decades, Department leaders have engaged with 
Colorado River Basin partners on various drought response operations. 
However, given that water levels continue to decline, additional action 
is needed to protect the System.'' Recognizing that the Colorado River 
Basin is facing unprecedented risks, the development of revised 
operating guidelines for Lake Powell and Lake Mead represents one of 
many Departmental efforts underway to respond to the rapidly changing 
conditions in the Basin in order to better protect the System. 
(Available at https://www.doi.gov/pressreleases/interior-department-announces-actions-protect-colorado-river-system-sets-2023).

[[Page 69043]]

    In a Federal Register notice published on June 24, 2022 (87 FR 
37884), the Bureau of Reclamation noted the dire circumstances facing 
the Colorado River Basin: ``The Colorado River Basin provides essential 
water supplies to approximately 40 million people, nearly 5.5 million 
acres of agricultural lands, and habitat for ecological resources 
across the Southwestern United States and Northwestern Mexico. The 
limited water supplies of the Colorado River are declining, and the 
Colorado River Basin is currently experiencing a prolonged period of 
drought and record-low runoff conditions resulting in historically low 
reservoir levels at Lake Powell and Lake Mead. The period from 2000 
through 2022 is the driest 23-year period in more than a century and 
one of the driest periods in the last 1,200 years. Absent a change in 
hydrologic conditions, water use patterns, or both, Colorado River 
reservoirs will continue to decline to critically low elevations 
threatening essential water supplies across nine states in the United 
States and the Republic of Mexico (Mexico). It is foreseeable that 
without appropriate responsive actions and under a continuation of 
recent hydrologic trends, major Colorado River reservoirs could 
continue to decline to `dead pool'--elevations at which water cannot be 
regularly released from a reservoir--in coming years.'' The June 24, 
2022, Federal Register notice requested public input prior to 
initiating a scoping process on the proposed development of post-2026 
Colorado River Operational Strategies for Lake Powell and Lake Mead 
Under Historically Low Reservoir Conditions. The SEIS announced in 
today's Federal Register notice does not interfere with, supplant, or 
supersede that separate post-2026 guidelines development process. 
Rather, this SEIS will inform and complement the development of post-
2026 guidelines. Further, the dire hydrologic and climate conditions 
described in the June 2022 Federal Register notice also inform the need 
for the SEIS efforts announced in today's Federal Register notice.
    In the June 2022 Federal Register notice, the Department 
anticipated the potential for the process initiated in this document: 
``While previous actions, especially the DCP [in 2019], were intended 
to preserve Reclamation's ability to undertake post-2026 planning with 
a stable system and avoid crisis planning, very dry hydrology since the 
adoption of the DCP has resulted in Lake Powell and Lake Mead nearing 
critically low elevations. Should the conditions continue or worsen, we 
recognize that in addition to post-2026 planning under the anticipated 
NEPA process(es), Reclamation may likely need to also prioritize 
implementation of near-term actions to stabilize the decline in 
reservoir storage and prevent system collapse. Reclamation has not yet 
determined what additional actions or processes may be required to 
address these near-term operational risks. It is anticipated that near-
term response actions and development of post-2026 operations will need 
to proceed on parallel timelines.'' 87 FR 37888 (June 24, 2022).
    Over the past two years, the Department has undertaken a number of 
unprecedented actions to respond to the historic drought and low-runoff 
conditions in the basin that are being exacerbated by higher 
temperatures and the impacts of climate change. In particular, in both 
2021 and 2022, additional releases from upstream reservoirs have been 
implemented to enhance water elevations at Lake Powell. In 2022, 
Reclamation implemented modifications to monthly releases from Glen 
Canyon Dam, and also reduced downstream annual volume releases by 
480,000 acre-feet.
    Furthermore, on October 20, 2022, the National Oceanic and 
Atmospheric Administration's Climate Prediction Center issued its U.S. 
Winter Outlook for the December 2022-Febuary 2023 period finding: ``The 
greatest chances for drier-than-average conditions are forecast in 
portions of California, the Southwest, the southern Rockies,'' and 
``[w]idespread extreme drought continues to persist across much of the 
West, the Great Basin, and central-to-southern Great Plains.'' 
(Available at https://www.noaa.gov/news-release/us-winter-outlook-warmer-drier-south-with-ongoing-la-nina).
    The Department currently lacks analyzed alternatives and measures 
that may be necessary to address such projected conditions. Recognizing 
the risks facing the Colorado River Basin, the Department has concluded 
that immediate development of additional operational alternatives and 
measures for Lake Powell and Lake Mead are necessary to ensure 
continued ``operations that are prudent or necessary for safety of 
dams, public health and safety, other emergency situations . . . 2007 
Interim Guidelines at Section 7.D,'' published at 73 FR 19892 (April 
11, 2008).
    Through this Federal Register notice, Reclamation is initiating 
efforts to revise operating guidelines for the operation of Glen Canyon 
and Hoover Dams in 2023 and 2024 operating years in order to address 
the potential for continued low-runoff conditions in the Colorado River 
Basin. Reclamation has concluded that the potential impacts of low 
runoff conditions in the coming winter (2022-23) pose unacceptable 
risks to routine operations of Glen Canyon and Hoover Dams during the 
interim period (prior to Jan. 1, 2027) and, accordingly, modified 
operating guidelines need to be expeditiously developed. Development of 
modified operating guidelines will also inform potential operations in 
the 2025 and 2026 operating years; however, due to the critically low 
current reservoir conditions, and the potential for worsening drought, 
the Department recognizes that operational strategies for 2023-2024 may 
need to be further revisited for subsequent operating years. Given the 
potential risks to infrastructure and public health and safety, the 
Department will promptly identify and analyze modified operating 
guidelines to address current and foreseeable hydrologic conditions.

Purpose and Need

    The purpose of the SEIS is to supplement the EIS completed in 2007 
for the 2007 Interim Guidelines in order to modify operating guidelines 
for the operation of Glen Canyon and Hoover Dam to address historic 
drought and low runoff conditions in the Colorado River Basin. The need 
for the revised operating guidelines is based on the potential that 
continued low runoff conditions in the Colorado River Basin could lead 
Glen Canyon Dam to decline to critically low elevations impacting both 
water delivery and hydropower operations in 2023 and 2024. In order to 
ensure that Glen Canyon Dam continues to operate under its intended 
design, Reclamation may need to modify current operations and reduce 
Glen Canyon Dam downstream releases, thereby impacting downstream 
riparian areas and reservoir elevations at Lake Mead. Accordingly, in 
order to protect Hoover Dam operations, system integrity, and public 
health and safety, Reclamation also may need to modify current 
operations and reduce Hoover Dam downstream releases. Such revised 
Hoover Dam operations would, among other issues, address Section 7.B.4 
of the 2007 Interim Guidelines as well as the commitments set forth in 
Section V.B.2 of Exhibit 1 to the Lower Basin Drought Contingency Plan 
Agreement (2019). Both the 2007 Interim Guidelines and the 2019 DCP 
contemplate the need for additional measures to protect Lake Mead 
elevations, with the DCP adding the commitment of participating Lower 
Basin DCP parties to ``individual and collective action in the Lower 
Basin to avoid and protect against the potential

[[Page 69044]]

for the elevation of Lake Mead to decline to elevations below 1,020 
feet.'' As noted above, Section 7.D of the 2007 Interim Guidelines 
contemplates that modified operating provisions may be required if 
``extraordinary circumstances arise. Such circumstances could include 
operations that are prudent or necessary for safety of dams, public 
health and safety, other emergency situations, or other unanticipated 
or unforeseen activities arising from actual operating experience.'' 
The Department finds that such circumstances exist at this time.

Preliminary Proposed Action--Overview

    Reclamation anticipates proposing modifications for the 2023 and 
2024 period, and potentially for subsequent years, to the following 
sections of the 2007 Interim Guidelines published at 73 FR 19881 (April 
11, 2008):

Section 2. Determination of Lake Mead Operation During the Interim

    Period Reclamation anticipates revising Section 2.D (``Shortage 
Conditions''), including potential modifications to Sections 2.D.1.b 
and 2.D.1.c to decrease the quantity of water that shall be apportioned 
for consumptive use in the Lower Division States (Arizona, California, 
and Nevada). Any modifications to these sections would be based on 
current and anticipated reservoir and hydrologic conditions in the 
Colorado River Basin, including any potential modifications to Glen 
Canyon Dam operations pursuant to this SEIS.

Section 6. Coordinated Operation of Lake Powell and Lake Mead During 
the Interim Period

    Reclamation anticipates revising Sections 6.C (``Mid-Elevation 
Release Tier'') and 6.D (``Lower Elevation Balancing Tier'') to modify 
and/or reduce the quantity of water released from Glen Canyon Dam. Any 
modifications to these sections would be based on current and 
anticipated reservoir and hydrologic conditions in the Colorado River 
Basin, including any potential modifications to Hoover Dam operations 
pursuant to this SEIS.

Section 7. Implementation of Guidelines

    Reclamation anticipates revising Section 7.C (``Mid-Year Review) to 
allow for potential determinations in a mid-year review that would 
allow for reduced deliveries from Lake Mead pursuant to Section 2 of 
the 2007 Interim Guidelines.
    The foregoing potential modifications to the 2007 Interim 
Guidelines are presented in this Federal Register notice only as a 
preliminary overview of the Proposed Action. Reclamation will carefully 
review the 2007 Interim Guidelines and will formally publish a Proposed 
Action in its forthcoming Draft SEIS, which is anticipated to be 
published in Spring 2023.

Preliminary Alternatives--Overview

    For purposes of the NEPA process for the SEIS, Reclamation 
anticipates three primary alternatives will be considered:
     No Action--The No Action Alternative will describe the 
continued implementation of existing agreements that control operations 
of Glen Canyon and Hoover Dams. These include the 2007 Interim 
Guidelines and agreements adopted pursuant to the 2019 Colorado River 
Drought Contingency Plan Authorization Act (Pub. L. 116-14) (the 2019 
Drought Contingency Plan (DCP) Act). Reclamation notes that intensive 
efforts are underway to facilitate water conservation actions in the 
Basin under a number of programs, including the recent Congressional 
prioritization of funding through 2026 for drought mitigation in 
western states, with priority given to the Colorado River Basin and 
other basins experiencing comparable levels of long-term drought. 
Public Law 117-169, at Sec.  50233 (Aug. 16, 2022). The ongoing 
implementation and effectiveness of these efforts will inform the 
assessment of existing operations and agreements.
     Framework Agreement Alternative--This alternative would be 
developed as an additional consensus-based set of actions that would 
build on the existing framework for Colorado River Operations. This 
Alternative would likely build on commitments and obligations developed 
by the Basin States, Basin Tribes, and non-governmental organizations 
that were included in the 2019 DCP. This alternative would facilitate 
implementation of Section 7.B.2 of the 2007 Interim Guidelines.
     Reservoir Operations Modification Alternative--This 
alternative would be developed by Reclamation as a set of actions and 
measures adopted pursuant to Secretarial authority under applicable 
federal law. This alternative would likely be developed based on the 
Secretary's authority under federal law to manage Colorado River 
infrastructure, as necessary, and would consider any inadequacies or 
limitations of the consensus-based framework considered in the above 
alternative. This alternative would consider how the Secretary's 
authority could complement a consensus-based alternative that may not 
sufficiently mitigate current and projected risks to the Colorado River 
System reservoirs.
    This Federal Register notice presents the foregoing potential 
alternatives only as a preliminary overview of the alternatives that 
will be analyzed in the DEIS. For planning purposes, Reclamation's 
analysis will assume that additional releases pursuant to the Drought 
Response Operating Agreement (DROA) will be administered according to 
the terms approved in the DCP Act, and that Reclamation will 
simultaneously pursue system conservation actions in the Upper and 
Lower Basins. Through the scoping process, Reclamation welcomes public 
input on how human health and safety considerations can be more 
expressly integrated into Colorado River operational decision-making, 
both in this SEIS and other future decision-making processes. 
Reclamation will carefully review the appropriate range of alternatives 
for review and will include appropriate alternatives for consideration 
in its forthcoming Draft SEIS, which is anticipated to be published in 
Spring 2023.

Summary of Expected Impacts

    The SEIS will evaluate reasonably foreseeable impacts from proposed 
modifications to the 2007 Interim Guidelines. Impacts are not fully 
known at this time; impact analysis will build upon and utilize 
information described in the 2007 Final EIS and subsequent relevant 
analyses. The analysis in the SEIS may consider potential effects on 
wildlife, threatened and endangered species habitat, recreation, water 
supplies (agricultural, municipal, environmental), water resources, air 
quality, cultural resources, hydropower resources, social and economic 
conditions, and other resources and uses. Reclamation will use an 
interdisciplinary approach that incorporates the expertise of 
specialists in the relevant resource fields.

Schedule for the Decision-Making Process

    Reclamation will provide additional opportunities for public 
participation consistent with the NEPA process, including an 
anticipated 45-day comment period on the draft SEIS. The draft SEIS is 
anticipated to be available for public review in Spring 2023 and the 
final SEIS is anticipated to be available with a Record of Decision, as 
appropriate, in late Summer 2023. This schedule will allow decisions to 
become effective for 2023-24 operations. During this process, the 
Secretary retains all

[[Page 69045]]

applicable authority to operate Colorado River facilities to respond to 
emergency or other unforeseen conditions.

Lead and Cooperating Agencies

    The Secretary is responsible for the operation of Glen Canyon Dam 
and Hoover Dam pursuant to applicable federal law. The Secretary is 
also vested with the responsibility of managing the mainstream waters 
of the lower Colorado River pursuant to federal law. This 
responsibility is carried out consistent with the body of compacts, 
treaties, statutes and other legal documents commonly referred to as 
``the Law of the River.'' Reclamation, as the agency that is designated 
to act on the Secretary's behalf with respect to these matters, is the 
lead federal agency for the purposes of NEPA compliance for the 
development and implementation of the proposed SEIS interim guidelines.
    During the preparation of the 2007 Interim Guidelines, five federal 
agencies were cooperating agencies for purposes of assisting with 
environmental analysis and preparation of the Final EIS. These 
cooperating agencies were the Bureau of Indian Affairs (BIA), the 
United States Fish and Wildlife Service (FWS), the National Park 
Service (NPS), Western Area Power Administration (Western), and the 
United States Section of the International Boundary and Water 
Commission (USIBWC). Reclamation anticipates inviting these same five 
agencies to serve as cooperating agencies for the purpose of this SEIS. 
Reclamation is committed to continue to work with the USIBWC to ensure 
that efforts under this SEIS are communicated and coordinated with the 
Republic of Mexico with the goal of continued alignment of operations 
and responsive actions in both the U.S. and Mexico.

Responsible Official

    Consistent with the process and final determinations reached for 
the 2007 Interim Guidelines, the Secretary of the Interior is the 
deciding official for this undertaking.

Nature of Decision To Be Made

    The Department anticipates the nature of the decision to be made 
will be revised reservoir operating guidelines, pursuant to appropriate 
revisions of the Record of Decision for the 2007 Interim Guidelines, 
for the operation of Glen Canyon and Hoover Dams in 2023 and 2024 
operating years, and potentially subsequent years if necessary and 
appropriate, in order to address the likelihood for continued low-
runoff conditions in the Colorado River Basin based on the best 
available scientific and technical information.

Additional Information

    As noted in the June 2022 Federal Register notice, Reclamation 
anticipates initiating a NEPA process to develop the post-2026 
operational strategies through a Federal Register notice of intent to 
prepare an EIS in early 2023. Nothing in today's Federal Register 
notice supersedes or displaces Reclamation's efforts in that upcoming 
process.
    This SEIS addressing modified operating guidelines for the period 
prior to 2026 is necessary to address the unacceptably high risks 
facing the Colorado River Basin between now and the post-2026 period. 
Current conditions warrant the flexibility to modify operations before 
the post-2026 operational strategies are thoroughly identified, 
analyzed and ultimately adopted. In addressing operations for 2023-24, 
Reclamation is committed to using the best available information to 
develop near-term operating guidelines while longer-term approaches are 
developed. Reclamation anticipates using the work and analysis from 
this SEIS process to also inform operating guidelines for the 2025-26 
period, which will also undergo any additional NEPA analysis as 
required. Lastly, separate from the development of the SEIS, 
Reclamation anticipates publishing an informational report in 2023 
addressing potential methodologies to support assessments for 
evaporation, seepage and other system losses in the Colorado River 
Basin in future years. This information will assist in development of 
potential interim measures as well as the post-2026 operational 
strategies.

Public Disclosure of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time.
    While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Tommy P. Beaudreau,
Deputy Secretary, Department of the Interior.
[FR Doc. 2022-25004 Filed 11-16-22; 8:45 am]
BILLING CODE 4332-90-P