53180 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: September 5, 2008. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. E8–21306 Filed 9–12–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

43 CFR Part 419 

RIN 1006–AA48 

Operation of the Truckee River and 

Other Reservoirs 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Bureau of Reclamation is 

proposing this rule to comply with the 

requirements of the Truckee-CarsonPyramid Lake Water Rights Settlement 

Act. The Settlement Act requires that 

the operating agreement negotiated with 

the States of California and Nevada for 

the operation of Truckee River 

Reservoirs (the five Federal reservoirs in 

the Truckee River basin) be promulgated 

as a Federal Regulation. 

DATES: Comments must be received by 

Reclamation no later than November 14, 

2008. 

ADDRESSES: You may submit comments, 

identified by 1006–AA48, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Search on docket identification number 

BOR–2008–0006 when submitting 

comments on this rule. 

• Mail: Kenneth Parr, Bureau of 

Reclamation, 705 N. Plaza St., Carson 

City, NV 89701. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Parr, Bureau of Reclamation, 

705 N. Plaza St., Carson City, NV 89701; 

telephone (775) 882–3436; or for a copy 

of the TROA, visit the TROA Web site 

at http://www.usbr.gov/mp/troa/. 

SUPPLEMENTARY INFORMATION: Section 

205(a)(2) of the Truckee-Carson-Pyramid 

Lake Water Rights Settlement Act, title 

II of Public Law 101–618, November 16, 

1990 (Settlement Act or Act), directs the 

Secretary of the Interior (Secretary) to 

negotiate an operating agreement that 

must: 

• Satisfy all applicable dam safety 

and flood control requirements; 

• Provide for the enhancement of 

spawning flows available in the Lower 

Truckee River for the Pyramid Lake 

fishery (endangered cui-ui, and 

threatened Lahontan cutthroat trout) in 

a manner consistent with the Secretary’s 

responsibilities under the Endangered 

Species Act, as amended (ESA); 

• Carry out the terms, conditions, and 

contingencies of the Preliminary 

Settlement Agreement between the 

Pyramid Lake Paiute Tribe (Pyramid 

Tribe) and Sierra Pacific Power 

Company (Power Company), as 

modified by the Ratification Agreement 

of the United States (PSA); 

• Ensure that water is stored in and 

released from Truckee River Reservoirs 

to satisfy the exercise of water rights in 

conformance with the Orr Ditch and 

Truckee River General Electric decrees, 

except for any rights voluntarily 

relinquished by the parties to the 

operating agreement; and 

• Minimize the Secretary’s costs 

associated with operation and 

maintenance of Stampede Reservoir. 

The Act further provides that the 

following may be addressed in the 

operating agreement: 

• Administration of the operating 

agreement; 

• Means of assuring compliance with 

PSA; 

• Operations of Truckee River system 

that will not change; 

• Operations and procedures for 

using Federal facilities to meet the 

Secretary’s responsibilities under ESA; 

• Methods of reducing likehood that 

Lake Tahoe will drop below its natural 

rim and improving the efficient use of 

Lake Tahoe during extreme drought 

situations; 

• Procedures for managing and 

operating Federal reservoirs; 

• Procedures for operating Federal 

reservoirs for instream beneficial uses; 

• Operation of non-Federal reservoirs 

in the Truckee River basin to the extent 

owners of affected storage rights become 

parties to the operating agreement; and 

• Procedures and criteria for 

implementing California’s allocation of 

Truckee River water. 

The Truckee River Operating 

Agreement (TROA) will, among other 

things: (1) Enhance conditions for 

threatened and endangered fishes in the 

Truckee River and its tributaries; (2) 

increase municipal and industrial (M&I) 

water supplies to provide drought 

protection for the Truckee Meadows 

(the Cities of Reno and Sparks, Nevada, 

metropolitan area); (3) improve river 

water quality downstream from the City 

of Sparks and below Derby Dam; (4) 

enhance stream flows and recreational 

opportunities in the Truckee River 

basin; and (5) provide procedures for 

implementing the interstate allocation 

of Lake Tahoe basin and Truckee River 

basin waters between Nevada and 

California. While the Settlement Act 

also confirms the allocation of the 

waters of the Carson River and its 

tributaries between California and 

Nevada represented by the Alpine 

Decree, TROA by its terms does not 

affect the Carson River. 

Section 205(a)(9) of the Settlement 

Act requires the Secretary to satisfy the 

requirements of the National 

Environmental Policy Act. Because the 

State of California is a mandatory 

signatory party, it is also necessary to 

comply with the California 

Environmental Quality Act. 

Consequently, the Department of the 

Interior and the California Department 

of Water Resources jointly prepared an 

Environmental Impact Statement/ 

Environmental Impact Report (EIS/EIR). 

The Final EIS/EIR concludes that TROA 

will: 

• Provide better conditions for 

threatened Lahontan cutthroat trout and 

endangered cui-ui in many reaches of 

the Truckee River and its tributaries; 

• Provide greater potential for 

enhancing riparian vegetation along 

some reaches of the Truckee River in 

median hydrologic conditions and along 

all mainstem and tributary reaches 

under dry and extremely dry hydrologic 

conditions; and 

• Enhance riparian habitat along 

some mainstem and tributary reaches 

under wet and median hydrologic 

conditions and along most mainstem 

reaches in dry and extremely dry 

hydrologic conditions. 

Section 205(a)(9) also provides that 

the Secretary may not become a party to 

TROA if the Secretary determines that 

the effects of TROA, together with 

cumulative effects, are likely to 

jeopardize any threatened or 

endangered species or be adverse to 

designated critical habitat of such 

species. The Final EIS/EIR concludes 

that implementation of TROA will not 

adversely affect LCT or cui-ui, but in 

fact is likely to benefit both species. The 

U.S. Fish and Wildlife Service has 

concurred in that determination through 

the consultation process required by 

Section 7 of the Endangered Species Act 

of the 1973, as amended, 16 U.S.C. Sec. 

1531 at et seq. 

Since TROA is the result of 

negotiations and agreement among at 

least the five mandatory signatory 

parties and must be promulgated as a 

Federal regulation, the regulation we are 

proposing today would incorporate by 


erowe on PROD1PC64 with PROPOSALS-1
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 53181 

reference the agreement exactly as 

negotiated. After extensive discussions 

with the Office of the Federal Register, 

we have determined that incorporating 

TROA by reference is the best method 

to preserve the integrity of the Code of 

Federal Regulations while 

accommodating the negotiating parties 

and the requirements of the Act. 

Incorporation by reference is a workable 

solution because the agreement is 

readily available to all of the concerned 

parties and will be easy for other 

interested parties to consult on various 

websites or at Reclamation’s offices. 

I. Background 

The United States has been 

extensively involved in litigation over 

Federal and Indian rights to the use of 

the waters of the Truckee River in 

California and Nevada since the early 

1900’s. In 1913 the United States filed 

a suit claiming rights to the use of such 

waters for multiple purposes, including 

supply for the first Reclamation Project 

in the nation and for use on the Pyramid 

Lake Paiute Indian reservation. The 

subject matter of Truckee River 

litigation over the years has involved 

Indian trust and reserved rights, 

domestic and municipal uses of water 

stored in Federal projects, a proposed 

California/Nevada compact for an 

interstate allocation of the River’s water, 

Endangered Species Act claims, and 

rights for use in irrigation projects. 

Multiple lawsuits concerning those 

subjects became very active in the early 

1970s and continued significantly until 

the early 1990s. By that time, it had 

become clear that the only hope for 

resolution of the many conflicts over the 

use of Truckee River water was through 

a regional settlement which would 

provide for cooperative uses of the 

water stored in Federal reservoirs on the 

Truckee River to meet the demands and 

right of all users. Efforts to effect 

changes in those rights through 

litigation had proven completely 

unavailing. 

In November of 1990, Congress 

enacted the Settlement Act to provide 

authorization for measures which if 

carried out would serve to resolve many 

of the longstanding disputes and 

Federal litigation among multiple 

parties concerning the rights to use of 

the waters of the Truckee and Carson 

Rivers in Nevada and California. Those 

parties include the States of Nevada and 

California and other parties to the 

negotiated agreement which constitutes 

this rule. 

The Truckee River originates at the 

outlet of Lake Tahoe in California and 

flows to Pyramid Lake, a terminal desert 

lake in northwestern Nevada. The flow 

of the Truckee River was first regulated 

in 1870 by construction of a private 

timber crib dam at the outlet of Lake 

Tahoe. A number of dams, Federal and 

private, have since been constructed on 

tributaries to the Truckee River in 

California to create water storage and 

flood control reservoirs and regulate 

river flow. Flows of the river have 

historically been utilized for diverse 

purposes, including generation of 

hydropower, irrigation of agricultural 

lands, and municipal and industrial 

water supplies. 

Newlands Project 

The Newlands Federal Reclamation 

Project was authorized in 1902 and 

constructed under the Federal 

Reclamation Act, 32 Stat. 388. Derby 

Diversion Dam diverts water from the 

Truckee River through the Truckee 

Canal for use on the Newlands Project’s 

Truckee Division. Truckee River water 

diverted at Derby Dam is also stored in 

Lahontan Reservoir in the Carson River 

basin as a supplemental source of water 

for the Carson Division of the Newlands 

Project. 

In 1967, the Secretary of the Interior 

issued regulations called Operating 

Criteria and Procedures (OCAP), 

referred to in the rule as Truckee Canal 

Diversion Criteria, to limit diversions of 

Truckee River water to the Newlands 

Project, 32 FR 3098, February 21, 1967. 

Revised versions of OCAP have been in 

effect since that time. 

Court Decrees 

Three Federal court actions, United 

States v. Truckee River General Electric 

Co., No. 14861 (N. D. Calif. 1915), now 

designated Case No. 68-cv-643 (E. D. 

Calif.) (TRGE), United States v. Orr 

Water Ditch Company, et al., In Equity 

No. A3, Case No. 73-cv-00003 (D. Nev. 

1944) (Orr Ditch), and United States v. 

Alpine Land and Reservoir Co., et al., 

Civ. No. D–183, Case No. 73-cv-183 (D. 

Nev. 1980) (Alpine) were brought to 

confirm a water supply for the 

Newlands Project and (in Orr Ditch) for 

use on the Pyramid Lake Paiute Indian 

Reservation. Each case resulted in a 

decree setting forth the relative water 

rights in the Truckee River and Carson 

River basins, respectively. 

The TRGE Decree in 1915 granted the 

United States an easement for, and the 

right to operate, Lake Tahoe Dam. It also 

required that releases of water be 

maintained to satisfy, but not exceed, 

certain flows in the Truckee River at 

Floriston, California (Floriston Rates). 

Floriston Rates are rates of flow in the 

Truckee River at the California-Nevada 

State border of 300 to 500 cubic feet per 

second (cfs) depending on month and 

elevation of water in Lake Tahoe. 

The 1944 Orr Ditch Decree 

determined the relative rights to use 

Truckee River water in Nevada and for 

Power Company’s run-of-the-river 

hydroelectric power plants. Floriston 

Rates, when maintained, satisfy water 

rights confirmed by the Orr Ditch 

Decree. The Orr Ditch Decree also 

confirmed water rights to the United 

States for use on the Pyramid Lake 

Paiute Indian Reservation (claims 1 and 

2), to the United States for use on the 

Newlands Project subject to water duties 

and regulations of the Secretary of the 

Interior (claim 3), and to the United 

States for the use of the top six feet of 

Lake Tahoe as a reservoir (claim 4). The 

Orr Ditch Decree further recognized the 

1935 Truckee River Agreement (TRA), 

an operating agreement for the Truckee 

River among Power Company, TruckeeCarson Irrigation District (TCID), 

Washoe County Water Conservation 

District (WCWCD or Conservation 

District), the United States Department 

of the Interior, and individual Truckee 

River water users (parties of the fifth 

part) as binding among those parties. 

The 1980 Alpine Decree determined 

the rights, relative priorities, and water 

duties for all Carson River water users 

in California and Nevada. 

Reservoirs 

There are five Federal reservoirs in 

the Truckee River basin, collectively 

referred to as Truckee River Reservoirs. 

They are: The reservoir formed by the 

dam at the outlet of Lake Tahoe, which 

regulates the top six feet of the lake; 

Boca Reservoir on the Little Truckee 

River, constructed in 1937 and operated 

under contract by WCWCD; Prosser 

Creek Reservoir, constructed on Prosser 

Creek in 1967, as part of the Washoe 

Project; Stampede Reservoir, 

constructed on the Little Truckee River 

in 1970, also as part of the Washoe 

Project; and Martis Creek Reservoir, a 

United States Army Corps of Engineers 

flood control facility, constructed on 

Martis Creek in 1971. 

The 1959 Tahoe-Prosser Exchange 

Agreement (TPEA), executed by parties 

to TRA, provides for an exchange of 

water between Lake Tahoe and Prosser 

Creek Reservoir to maintain a minimum 

flow in the Truckee River immediately 

downstream from Lake Tahoe when 

releases from Lake Tahoe would not 

otherwise be required. This exchange 

protects water for Floriston Rates while 

providing flows downstream from Lake 

Tahoe for fish purposes. 

The water in Stampede Reservoir is 

dedicated for the benefit of Pyramid 

Lake fishes (endangered cui-ui and 


erowe on PROD1PC64 with PROPOSALS-1
53182 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 

threatened Lahontan cutthroat trout) by 

determination of the Secretary. The 

Secretary’s determination was upheld 

by the Federal courts in Carson-Truckee 

Water Conservancy District v. Watt, 537 

F. Supp. 106 (D. Nev. 1982), aff’d 741 

F. 2d 257 (9th Cir. 1984). 

Martis Creek Reservoir is operated by 

the U.S. Army Corps of Engineers 

exclusively for flood control purposes. 

In addition to the Federal reservoirs, 

there are two private reservoirs in the 

Truckee River basin: Donner Lake, 

formed by a dam on Donner Creek, and 

Independence Lake, formed by a dam on 

Independence Creek. Both Donner and 

Independence creeks are tributary to the 

Truckee River. The water right for 

Donner Lake is owned by TCID and the 

Truckee Meadows Water Authority 

(Water Authority) as tenants in 

common. The water rights for 

Independence Lake are owned by Water 

Authority. 

Settlement Act 

The Settlement Act was enacted and 

signed into law in 1990, in part to 

facilitate the resolution of disputes and 

settlement of litigation over use of 

Truckee River water among multiple 

parties, including the States of Nevada 

and California. Section 204 of the Act 

provides for an interstate allocation of 

waters of the Lake Tahoe and Truckee 

River basins between California and 

Nevada similar to the interstate 

allocation negotiated by the two states 

in the 1960s and confirms the allocation 

of waters of the Carson River and its 

tributaries between the states 

represented by the Alpine Decree. 

Section 205(a) of the Act directs the 

Secretary to negotiate an agreement for 

operation of Truckee River Reservoirs 

with California and Nevada, and other 

parties as determined appropriate, to 

among other things, implement the 

provisions of the PSA. Because the Act 

directs that the negotiated agreement 

(TROA) implement the PSA, the 

Pyramid Tribe and Water Authority are 

mandatory signatories of the negotiated 

agreement along with the United States, 

California, and Nevada. Subsequent to 

the Settlement Act, Power Company on 

June 11, 2001, sold its water utility 

business to Water Authority and 

assigned to Water Authority all of its 

rights and responsibilities under the 

PSA and TROA. Accordingly, Water 

Authority is now the mandatory 

signatory party to TROA. 

Water Quality Settlement Agreement 

Also subsequent to the Settlement 

Act, the 1996 Truckee River Water 

Quality Settlement Agreement (WQSA) 

was entered into by the cities of Reno 

and Sparks, Nevada, Washoe County, 

Nevada, the United States Department 

of the Interior, the United States 

Department of Justice, the United States 

Environmental Protection Agency, the 

Nevada Division of Environmental 

Protection, and the Pyramid Tribe. In 

settlement of certain litigation over the 

proposed expansion of the Truckee 

Meadows Water Reclamation Facility, 

WQSA established a program to 

purchase and dedicate Truckee River 

water rights for stream flow purposes by 

the United States and the Truckee 

Meadows communities (Reno-Sparks 

metropolitan area) in Nevada. The 

purpose of the water rights purchase 

program is to improve water quality in 

the Truckee River, particularly below 

Derby Dam. A final Environmental 

Impact Statement on the Federal water 

rights acquisition portion of WQSA was 

published in October 2002, and a 

Record of Decision was issued in 

December 2002. Water made available to 

serve the dedicated water rights may, to 

the extent possible, be stored in Truckee 

River Reservoirs and will be managed 

for water quality purposes by the 

dedicating parties and by the Pyramid 

Tribe. TROA accommodates 

implementation of the WQSA and 

provides for the storage of Water Quality 

Credit Water in Truckee Reservoirs. 

II. Overview of Rule 

Main Provisions of the Negotiated 

Agreement 

The negotiated agreement (TROA), 

which constitutes the rule, will be 

incorporated by reference. It provides 

the framework, rules, and procedures 

for the operation of Truckee River 

Reservoirs, Independence Lake, and 

Donner Lake, to the extent Donner Lake 

is made available, and for management 

of flows in the Truckee River, with more 

flexibility than is available under 

current operations. It also provides for 

implementation of the interstate 

allocation of waters of the Lake Tahoe 

and Truckee River basins between 

California and Nevada, as provided in 

sections 204 and 210(a)(2) of the Act. 

The maintenance of Floriston Rates and 

Reduced Floriston Rates is the basic 

foundation of TROA. 

TROA retains most current 

procedures and management authorities 

for operating Truckee River Reservoirs, 

including maintaining the storage 

priorities for project water (water 

associated with the license or permit for 

a particular reservoir) and water 

dedicated to maintenance of Floriston 

Rates. Applicable flood control and 

safety of dams requirements will 

continue to be in effect. Perhaps most 

importantly, Truckee River Reservoirs 

will continue to be operated to satisfy 

the exercise of water rights in 

conformance with the Orr Ditch and 

TRGE decrees, except for any water 

rights that are voluntarily relinquished 

by the signatory parties. The Federal 

Water Master will continue to assure 

that Truckee River operations satisfy the 

exercise of water rights recognized by 

the Orr Ditch Decree. 

How TROA Would Be Different From 

Current Operations 

TROA Provides for the Establishment of 

Credit Water 

Article Seven of TROA prescribes 

rules and procedures that provide 

opportunities for signatory parties, as 

authorized by changes to water rights 

under applicable State law, to retain in 

storage as credit water in Truckee River 

Reservoirs, Independence Lake, and 

Donner Lake, to the extent Donner Lake 

is made available, all or a portion of the 

water that the party would otherwise be 

entitled to divert for use downstream 

under the party’s water rights. A person 

initially not a signatory to TROA could 

also have an opportunity to store credit 

water, to the extent storage space is 

available, by agreeing to be bound by 

the same rules as a signatory party. Any 

party storing credit water will be 

required to have a storage contract with 

the owner of the reservoir in which the 

credit water will be stored unless 

otherwise provided in TROA. 

Two of the various categories of credit 

water, M&I Credit Water and Fish Credit 

Water, will be created as provided for in 

the PSA. M&I Credit Water will be 

established by Water Authority for use 

as a drought supply. Fish Credit Water 

will be established by the United States 

and Pyramid Tribe for the benefit of 

Pyramid Lake fishes. A portion of Fish 

Credit Water can also be designated as 

Joint Program Fish Credit Water, a 

category of credit water which will be 

managed by California for purposes of 

stream flow and reservoir levels in 

California. 

TROA establishes priorities for each 

category of credit water and accounting 

procedures relative to its storage, 

release, spill, evaporation, and 

exchange. Relative priorities for various 

types of credit water and credit water 

operations are important for 

administration of TROA when 

concurrent uses or potentially 

conflicting operations are scheduled or 

requested. 


erowe on PROD1PC64 with PROPOSALS-1
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 53183 

TROA Provides for Exchanges of Credit 

Water 

Article Eight of TROA provides for 

water, particularly credit water, to be 

exchanged among Truckee River 

Reservoirs, Independence Lake, and 

Donner Lake, to the extent Donner Lake 

is made available, in accordance with 

prescribed rules and limitations. An 

exchange of water between reservoirs 

can be accomplished in several ways. 

The provisions for exchanging water 

greatly enhance and increase the 

flexibility of system operations. The 

increased flexibility provided by TROA 

through the various categories of credit 

water and opportunities for exchanges 

facilitates more efficient use of the 

existing available water supply to more 

effectively serve the many, and often 

competing, beneficial uses. 

Other Provisions of TROA 

Article Two of TROA establishes an 

Administrator to administer its 

provisions and a Special Hearing Officer 

to resolve disputes which may arise 

under TROA. The Administrator is 

responsible, among other things, for: 

Implementing the provisions of TROA 

and operating the designated reservoirs 

consistent with stated general 

operational principles set out in Article 

One; integrating the operational 

schedules submitted by the parties 

under Article Eleven; and accounting 

for the various categories of water under 

procedures developed by the 

Administrator under Article Three. The 

Federal Water Master under the Orr 

Ditch Decree will retain full authority to 

ensure that Orr Ditch Decree water 

rights are fully enforced, and the 

Administrator will have authority and 

responsibility to provide an acceptable 

remedy if the Orr Ditch water rights of 

a person not signatory to TROA are 

adversely affected by a TROA operation. 

TROA provides that the Federal Water 

Master for the Orr Ditch Decree in office 

when TROA enters into effect will be 

the first TROA Administrator, and the 

names of any subsequent nominees for 

the position of Administrator must be 

submitted to the Orr Ditch Court for 

approval. TROA recognizes that 

disputes arising under the Orr Ditch 

Decree remain subject to the jurisdiction 

of the Orr Ditch Court and the Federal 

Water Master. 

TROA also: 

• Incorporates in Article Four the 

miscellaneous provisions of the PSA not 

included elsewhere in TROA; 

• Provides in Article Five for 

operation of water to maintain Floriston 

Rates and of project water used for the 

benefit of threatened and endangered 

Pyramid Lake fishes; 

• Sets forth in Article Six the 

procedures for implementing and 

accounting for the Truckee River basin 

and Lake Tahoe basin allocations; 

• Establishes under Article Nine 

criteria for beneficial uses of water in 

California for stream flows and reservoir 

levels for fish and wildlife, and for 

recreation; 

• Establishes in Article Ten criteria 

for the design and location of water 

wells in the Truckee River basin in 

California; 

• Sets forth in Article Twelve 

conditions which must be satisfied for 

TROA to enter into effect, identifies 

other provisions of the Act which 

become effective when TROA enters 

into effect, and establishes a date by 

which TROA, and the other provisions 

of the Act contingent upon TROA, must 

enter into effect; 

• Makes clear in Article Thirteen that 

TROA is the basis of reservoir 

operations, provides for a periodic 

review of such operations, and that any 

future change to TROA will require the 

same process used for its original 

negotiation; and 

• Includes in Article Fourteen 

standard statements required in any 

contract or agreement signed by the 

United States or the State of California, 

identification of responsible parties to 

receive notices, and criteria for future 

assignments of interests. 

III. Procedural Requirements 

1. Regulatory Planning and Review (E.O. 

12866) 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not a significant rule and has not 

reviewed it under the requirements of 

Executive Order 12866. We have 

evaluated the impacts of the rule as 

required by E.O. 12866 and have 

determined that it is not a significant 

regulatory action. The results of our 

evaluation are given below. 

(1) This rule will not have an annual 

effect of $100 million or more on the 

economy. It will not adversely affect in 

a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities. 

TROA is a mechanism negotiated by 

its signatories to facilitate more 

flexibility in water use and storage and 

more effective coordination of reservoir 

operations on the Truckee River. The 

increased flexibility and more effective 

coordination of operations will provide 

a more stable water supply for Reno, 

Sparks, and Washoe County, Nevada, 

will enhance stream flow in the Truckee 

River below Derby Dam for threatened 

and endangered fishes, and will 

improve water quality. 

The credit water and exchange 

provisions of TROA allow parties to 

more efficiently use the water resource 

and, more particularly, realize more 

efficient and effective utilization of their 

own water rights. Historically, senior 

water right holders could not always 

fully divert the water to which they 

were entitled under their water right 

because of their inability to use or store 

the water when available. At times some 

junior water right holders, including 

those on the Newlands Project, have 

been able to benefit from this water, 

although most has ultimately flowed to 

Pyramid Lake. The additional storage 

options made available under TROA 

will permit senior water right holders to 

more fully exercise their water rights. 

To the extent the exercise of senior Orr 

Ditch Decree water rights under TROA 

makes less water available to junior 

water right holders than has in the past 

been available because the senior rights 

could not be fully exercised, there is no 

unlawful injury to junior water right 

holders, including those on the 

Newlands Project. 

The total cost of implementing TROA 

is estimated to be approximately $15.8 

million annually ($2.1 million for 

storage fees, O&M, and administration; 

$1.4 million in lost income from water 

transfers; and approximately $12.3 

million annually for the purchase of 

water rights until 10,000 acre feet of 

water rights have been acquired to meet 

future water demand). Operation of the 

Federal reservoirs under TROA will 

result in new storage contracts which 

will reflect average storage and 

operation costs of approximately $1.5 

million annually. The administration 

costs associated with implementing 

TROA by the Administrator is estimated 

to be $600,000 annually to be shared by 

the Federal government and the States 

of California and Nevada. Under TROA 

irrigation water rights acquired by Water 

Authority and others are to be 

transferred in accordance with 

applicable State law to meet water 

conservation and water quality 

objectives. This reduction of irrigation 

water rights results in a loss of 

approximately 100 jobs and the loss of 

$1.4 million in personal income. Water 

rights will also be purchased from 

willing sellers to meet future water 

demand. The cost of such purchases is 

approximately $12.3 million annually 

based on current market value of water 

rights. Because TROA implementation 

actions rely on market mechanisms, any 


erowe on PROD1PC64 with PROPOSALS-1
53184 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 

reductions in economic activity or 

productivity, including employment or 

income reductions occasioned by the 

sale of irrigation water rights and 

reduced agricultural activity, will be 

fully compensated by the monetary or 

other compensation derived from the 

sale of the water rights. 

One of the benefits of TROA would be 

the avoided costs to the water users in 

the area of developing additional water 

storage facilities to meet increasing 

water demands in the region. The 

construction costs and O&M for new 

water storage facilities to meet that 

demand would be approximately $5 

million annually. In addition to the 

avoided costs from implementing 

TROA, there is the additional benefit of 

supporting the Reno-Sparks economy by 

providing the storage capacity for M&I 

water demand in the future. It is 

estimated that in 2033, through the 

operation of TROA, the stored M&I 

water will support approximately 

74,000 jobs and approximately $2.6 

billion in associated personal income 

annually. There are also the annual 

nonmonetary benefits of improving 

water quality, improving fish and 

wildlife habitat, and meeting Indian 

trust responsibilities. Accordingly, 

TROA is not an economically significant 

rule under E.O. 12866. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another Federal agency. Bureaus within 

the U.S. Department of the Interior are 

the only Federal agencies directly 

affected by the agreement. For instance, 

all TROA actions are specifically 

subordinated to Army Corps of 

Engineers (Corps) flood control criteria 

so that the Corps is free to adjust them 

as necessary apart from this regulation. 

In addition, TROA specifically provides 

that any use of the Corps’ Martis Creek 

Reservoir for a TROA purpose, e.g., for 

conservation or credit water storage, 

would require a written agreement with 

the Corps. Upon TROA taking effect, 

Section 206(c) of the Settlement Act, 

which pertains to water use on the U.S. 

Naval Air Station, Fallon, Nevada, shall 

also become effective. This is a 

consequence of the Settlement Act, and 

not a direct effect of the provisions of 

TROA. 

(3) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. The 

rule is a negotiated agreement, and it 

directly affects only the signatories of 

that agreement. 

(4) OMB has determined that this rule 

does not raise novel legal or policy 

issues. TROA explicitly incorporates or 

accommodates all relevant laws and 

judicial decisions. By law TROA cannot 

have an adverse effect on any other 

person’s water rights under the Orr 

Ditch or Truckee River General Electric 

decrees, and any modifications to those 

decrees necessary to implement TROA 

must be approved by the two courts 

with jurisdiction over the two decrees 

before TROA can become effective. 

TROA is required to be consistent with 

the decision in Pyramid Lake Paiute 

Tribe v. Morton, 354 Fed. Supp. 252 

(D.D.C. 1973) and cannot be 

inconsistent with the Secretary’s 

responsibilities under the Endangered 

Species Act. 

2. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

The rule will not affect a substantial 

number of small entities. TROA directly 

affects only its signatories. While TCID 

may be considered a small entity, TROA 

neither directly affects TCID or the 

water rights of the individual water 

right holders on the Newlands Project. 

Specifically, the parties likely to be 

directly affected by TROA are: 

• U.S. Department of the Interior; 

• State of California; 

• State of Nevada; 

• Pyramid Lake Paiute Tribe; 

• Truckee Meadows Water Authority; 

• Washoe County Water Conservation 

District; 

• City of Reno, Nevada; 

• City of Sparks, Nevada; 

• City of Fernley, Nevada; 

• Washoe County, Nevada; 

• Sierra Valley Water Company; 

• Carson-Truckee Water Conservancy 

District; 

• North Tahoe Public Utilities 

District; and 

• Truckee Donner Public Utilities 

District. 

Sierra Pacific Power Company will 

join in the execution of TROA for a 

limited purpose through a Special 

Joinder. 

Water operations of Water Authority, 

Conservation District, City of Reno, City 

of Sparks, and Washoe County, Nevada, 

are all intertwined within one 

geographic area in western Nevada. The 

criterion for a small entity is less than 

50,000 population. All of these entities 

are located within Washoe County, 

Nevada. The population of Washoe 

County is approximately 346,000 people 

(2000 Census). The Reno-Sparks 

division of Washoe County has a 

population of approximately 256,000. 

Only if Conservation District, a taxing 

authority water purveyor of M&I and 

irrigation water supplies, were 

considered a separate entity would it be 

considered small as it has 33,000 people 

within its taxing jurisdiction; Water 

Authority serves 77,000 customers. The 

City of Fernley, in Lyon County, with a 

population of approximately 8,600 

(2000 Census), would be considered 

small. 

Carson-Truckee Water Conservancy 

District’s office is located in Reno, 

Nevada, and the District has no service 

population. It is authorized under 

Nevada State statutes to collect fees and 

taxes to do conservation work. 

North Tahoe Public Utility District, 

Tahoe Vista, Placer County, California, 

has a service population of 5,300 and, 

therefore, is considered a small entity. It 

consists of the Sewer and Water 

Department, Recreation and Parks 

Department, North Tahoe Beach Center, 

and the North Tahoe Community 

Conference Center. 

Truckee Donner Public Utilities 

District, Truckee, California, is a nonprofit utility providing electric and 

water service in the Truckee area. The 

District serves 12,000 electric customers 

and 12,000 water service connections. It 

is considered a small entity. 

Sierra Valley Water Company is a 

small water purveyor in Sierra and 

Plumas Counties, California. It provides 

domestic and irrigation water to 29 

customers. It is, therefore, considered 

small. 

Pyramid Lake Paiute Indian 

Reservation is located in Washoe 

County, with approximately 1,734 tribal 

members residing on the reservation. 

Indian tribes are not covered by the 

Regulatory Flexibility Act. 

Power Company’s service territory 

covers approximately 50,000 square 

miles in northern Nevada including the 

cities of Reno, Sparks, and the Lake 

Tahoe area of northeastern California. It 

is a wholly-owned subsidiary of Sierra 

Pacific Resources. It employs in excess 

of 1,100 people and services 

approximately 500,000 electric and gas 

customers. It has assets in excess of $2.5 

billion and revenue in excess of $1 

billion. It is not, therefore, considered a 

small entity. 

Of the most likely signatories, only 

five are considered to be small entities, 

and all who enter into TROA will be 

willing signatories. There is, therefore, 

not a significant effect on a substantial 

number of small entities. 

3. Small Business Regulatory 

Enforcement Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 


erowe on PROD1PC64 with PROPOSALS-1
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 53185 

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. The availability of 

additional water management options is 

expected in the long term to lower 

overall operation costs. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

TROA has only regional effects and will 

not have national or international 

implications. 

4. Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments in the aggregate, or 

on the private sector, of more than $100 

million per year. The rule does not have 

a significant or unique effect on State, 

local, or tribal governments or the 

private sector. The costs of the new 

water management opportunities made 

available by the agreement will only 

accrue to the signatories, and the costs 

will be small relative to the benefits and 

will apply only if a signatory avails 

itself of the options under the 

agreement. Therefore, a statement 

containing the information required by 

the Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

5. Takings (E.O. 12630) 

Under the criteria in Executive Order 

12630, the rule does not have significant 

takings implications. The provisions of 

the agreement are accepted voluntarily 

by the signatories and the exercise of 

water rights under existing decrees is 

expressly provided for. Therefore, this 

rule will not result in a taking of private 

property, and a takings implication 

assessment is not required. 

6. Federalism (E.O. 13132) 

Under the criteria in Executive Order 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

The States of California and Nevada are 

signatories to TROA and participated 

fully in negotiations that culminated in 

the agreement. TROA would have two 

principal effects on the governments of 

the States of California and Nevada. 

First, when TROA enters into effect, 

an allocation of the waters of the Lake 

Tahoe and Truckee River basins, and 

confirmation of the allocation of the 

Carson River and its tributaries 

represented by the Alpine Decree, 

automatically enters into effect in a 

manner similar to an interstate compact. 

Generally, these allocations limit the 

amount of water that can be used or 

diverted from Lake Tahoe basin for use 

within the basin under procedures of 

the two States, and the amount of water 

that can be used or diverted from the 

California portions of the Truckee River 

basin and the Carson River and its 

tributaries under relevant decrees and 

procedures of the State of California. 

The balance of the water of these two 

rivers that flows into Nevada can be 

allocated pursuant to the water 

allocation procedures of the State of 

Nevada and various court decrees. 

Generally, these allocations were 

negotiated by and agreed to by the two 

States and, though not required by law 

to do so, both States have voluntarily 

abided by their provisions pending 

passage of Public Law 101–618, 

initially, and pending implementation 

of TROA, subsequently. TROA merely 

aids in the implementation of the 

allocation of the waters of the Lake 

Tahoe and Truckee River basins 

provided for in the Settlement Act. By 

signing TROA, the two States will, 

effectively, be binding themselves to 

this interstate allocation. 

Secondly, there are modest (i.e., 

expected to be approximately $600,000 

in total) financial requirements for 

funding the annual administration of 

TROA. Subject to the limits on the 

authority in the constitutions of the two 

States to commit future appropriations, 

it is reasonable to expect the two States 

to pay their allocated shares of the 

funding. By signing TROA, the two 

States would be signaling their intention 

to secure funding for their shares of the 

administration of TROA. Neither of 

these effects is considered to rise to the 

level of significance requiring a 

Federalism Assessment. The rule, which 

governs only the responsibilities of the 

signatories, does not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. The rule provides 

for the application of State law in its 

implementation in the same manner as 

does the Settlement Act. Therefore, a 

Federalism Assessment is not required. 

7. Civil Justice Reform (E.O. 12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

a. Does not unduly burden the 

judicial system. 

b. Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

c. Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

8. Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in Executive Order 

13175, we have evaluated this rule and 

determined that it has no potential 

effects, within the requirements of the 

Executive Order, on Federally 

recognized Indian tribes. 

Indian trust resources are legal 

interests in property or natural 

resources held in trust by the United 

States for Indian Tribes or individuals. 

The Secretary of the Interior is the 

trustee for the United States on behalf 

of Indian Tribes. Examples of trust 

resources are lands, minerals, hunting 

and fishing rights, and water rights. 

Indian trust resources have been 

assessed in consultation with the 

following tribes during the development 

of TROA: Pyramid Lake Paiute Tribe— 

Pyramid Lake Indian Reservation in 

Nevada; Reno-Sparks Indian Colony— 

Reno and Hungry Valley, in Nevada; 

Fallon Paiute Shoshone Tribe—Fallon 

Paiute-Shoshone Reservation and Fallon 

Colony in Nevada; and Washoe Tribe of 

Nevada and California—colonies in 

Nevada and in California with cultural 

interests at and near Lake Tahoe. 

For the Pyramid Tribe, flow in the 

Truckee River below Derby Dam and 

discharge to Pyramid Lake will increase 

slightly under TROA. With increased 

flow and the increased capacity to 

manage Truckee River water, TROA 

will: Assist in improving lower river 

water quality; enhance slightly the 

elevation of Pyramid Lake; enhance the 

riparian canopy; assist in stabilizing the 

lower river; enhance recreational 

opportunities at Pyramid Lake; enhance 

spawning opportunities for cui-ui and 

LCT; and enhance river habitat for 

Pyramid Lake fishes. In addition, the 

exercise of Truckee River agricultural 

and M&I water rights below Derby Dam, 

including those of the Pyramid Tribe, 

will continue to be satisfied. For RenoSparks Indian Colony, TROA will have 

no effect on the exercise of Truckee 

River water rights. The Fallon Paiute 

Shoshone Tribe will receive a full water 

supply with the same frequency as at 

present. TROA will have no effect on 

flows of the Carson River or on 

resources of the Washoe Tribe. 

The Federal Government negotiated 

TROA on a government-to-government 


erowe on PROD1PC64 with PROPOSALS-1
53186 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 

basis with the Pyramid Tribe, as well as 

with the States of California and 

Nevada. As a result, TROA incorporates 

the principles of sovereignty for each 

sovereign signatory. 

9. Paperwork Reduction Act 

This rule does not contain any 

requirement for information collection 

by a Federal entity or Federal employee, 

and a submission under the Paperwork 

Reduction Act (PRA) is not required. 

There are several provisions of TROA 

which require information to be 

submitted by the signatory parties to the 

TROA Administrator. With respect to 

the Paperwork Reduction Act, it is 

important to note that the TROA 

Administrator is not a Federal employee 

and the Office of the TROA 

Administrator is not a Federal entity. 

The signatory parties have agreed to 

provide to the Administrator the 

information requested and necessary for 

proper implementation and 

administration of TROA. Thus, even 

though there are requirements to 

provide information contained in the 

negotiated TROA and, as required by 

Congress, are provisions of the rule, the 

information is not sought or requested 

by a Federal employee or a Federal 

agency. Accordingly, the subject 

provisions are not information 

collection requirements for purposes of 

the Paperwork Reduction Act. 

10. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. The 

Final EIS/EIR has concluded that 

implementation of TROA would not 

significantly affect the quality of the 

human environment and that no 

unavoidable adverse impacts are 

expected as a result of implementing 

TROA. No mitigation measures are 

identified or required. Because of 

exchanges and storage agreements that 

are components of TROA, a more 

assured long-term drought water supply 

for Truckee Meadows would be 

obtainable, and improved flow 

conditions would be possible for 

Pyramid Lake fishes and aquatic species 

in general. California’s allocation of 

water for M&I purposes in the long run 

would be assured and could be utilized 

in the short run to improve 

environmental conditions in the 

Truckee River. Compliance with NEPA 

will be completed before the final rule 

is issued. 

11. Data Quality Act 

In developing this rule we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Data Quality Act (Pub. L. 106–554). 

12. Effects on Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

Analysis contained in the Final EIS/ 

EIR shows that under TROA, 

hydropower generation and gross 

revenues are about 3.5 percent less 

under wet hydrologic conditions than 

under current conditions due to the 

increased conservation and improved 

water quality applications of TROA; 

about 6.0 percent less in median 

hydrologic conditions, and about 55.0 

percent greater in dry hydrologic 

conditions. Net reduced hydroelectric 

power generation, if any, resulting from 

implementation of TROA would be 

compensated consistent with the 

provisions of the Agreement. 

13. Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

a. Be logically organized; 

b. Use the active voice to address 

readers directly; 

c. Use clear language rather than 

jargon; 

d. Be divided into short sections and 

sentences; and 

e. Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the 

‘‘ADDRESSES’’ section. To better help us 

revise the rule, your comments should 

be as specific as possible. For example, 

you should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail 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. 

List of Subjects in 43 CFR Part 419 

Agriculture, Irrigation, Natural 

resources, Endangered and threatened 

species, Reclamation, Reservoirs, Water 

resources, Water supply, Incorporation 

by reference. 

Dated: August 28, 2008. 

Kameran L. Onley, 

Acting Assistant Secretary—Water and 

Science. 

For the reasons given in the preamble, 

the Bureau of Reclamation proposes to 

add to title 43 of the Code of Federal 

Regulations a new part 419 to read as 

follows: 

PART 419—OPERATION OF THE 

TRUCKEE RIVER AND OTHER 

RESERVOIRS 

Sec. 

419.1 What is the purpose of this part? 

419.2 What are the definitions used in this 

part? 

419.3 What general principles govern 

implementation of the TROA? 

419.4 What are the specific provisions 

governing operations of the reservoirs? 

Authority: Pub. L. 101–618 (104 Stat. 3289, 

3294). 

§ 419.1 What is the purpose of this part? 

(a) This part satisfies the requirement 

of section 205(a)(5) of the TruckeeCarson-Pyramid Lake Water Rights 

Settlement Act (Settlement Act) that the 

negotiated agreement for operation of 

Truckee River Reservoirs be 

promulgated as a Federal regulation. 

The Truckee River Operating Agreement 

(TROA), which is incorporated by 

reference into this part, is the agreement 

negotiated pursuant to section 205(a). 

The Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. You may obtain a copy 

of TROA from the Area Manager, 

Bureau of Reclamation, 705 N. Plaza St., 

Carson City, NV 89701. You may 

inspect a copy at Bureau of 

Reclamation, 705 N. Plaza St., Carson 

City, NV 89701, or at the Office of the 

Federal Register, 800 North Capitol 

Street, NW., Suite 700, Washington, DC. 

(b) This part implements the 

Settlement Act by providing for 

operation of the Truckee River 

Reservoirs and other reservoirs in a 

manner that: 

(1) Implements California’s allocation 

of Truckee River basin water and the 

Nevada and California allocations of 

Lake Tahoe basin water; 

(2) Enhances fish, wildlife, and 

recreational beneficial uses of water in 

the Truckee River basin; 

(3) Carries out the terms, conditions, 

and contingencies of the Preliminary 


erowe on PROD1PC64 with PROPOSALS-1
Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Proposed Rules 53187 

Settlement Agreement, as modified by 

the Ratification Agreement; 

(4) Ensures that water is stored in, 

released from, and passed through 

Truckee River Reservoirs to satisfy the 

exercise of water rights in conformance 

with the Orr Ditch Decree and Truckee 

River General Electric Decree, except for 

rights voluntarily relinquished by any 

persons, or transferred under State law; 

(5) Provides for the enhancement of 

spawning flows available in the Lower 

Truckee River for Pyramid Lake Fishes 

in a manner consistent with the 

Secretary’s responsibilities under the 

Endangered Species Act, as amended; 

(6) Satisfies all applicable dam safety 

and flood control requirements; and 

(7) Minimizes the Secretary’s costs 

associated with operation and 

maintenance of Stampede Reservoir. 

§ 419.2 What are the definitions used in 

this part? 

Act means the Truckee-CarsonPyramid Lake Water Rights Settlement 

Act of 1990, title II, Pub. L. 101–618 

(104 Stat. 3289, 3294). 

Administrator means the individual 

appointed in accordance with sections 

2.A.2 through 2.A.3 of the Truckee River 

Operating Agreement, incorporated by 

reference into this part. 

Preliminary Settlement Agreement 

means that Agreement between the 

Pyramid Lake Paiute Tribe and Sierra 

Pacific Power Company of May 23, 

1989, as subsequently modified and 

ratified by the United States. 

TROA means the Truckee River 

Operating Agreement, which is 

incorporated by reference into this part. 

Truckee River basin means the area 

which naturally drains into the Truckee 

River and its tributaries and into 

Pyramid Lake, including Pyramid Lake, 

but excluding the Lake Tahoe basin. 

§ 419.3 What general principles govern 

implementation of the TROA? 

The following are general operational 

principles which provide a framework 

for the Administrator in implementing 

the TROA. These general principles are 

intended to be consistent with the 

specific provisions of TROA, but if they 

conflict with those specific provisions, 

the specific TROA provisions control. 

Operations should meet all of the 

following criteria: 

(a) Be conducted, consistent with the 

TROA and applicable legal 

requirements, so that the available water 

supply in the Truckee River basin 

satisfies, to the maximum extent 

possible, multiple beneficial purposes, 

including municipal and industrial, 

irrigation, fish, wildlife, water quality, 

and recreation purposes. 

(b) Satisfy vested and perfected rights 

to use the water of the Truckee River 

and its tributaries, to the extent that 

water rights are scheduled to be 

exercised, and to the extent that water 

is lawfully available. This includes, but 

is not limited to, the exercise of water 

rights under the provisions of the Orr 

Ditch Decree, except as expressly 

provided in the Settlement Act and the 

TROA. 

(c) Maintain minimum releases and, 

to the extent practicable consistent with 

existing water rights and the TROA, 

maintain enhanced minimum releases, 

preferred stream flows, and reservoir 

recreation levels as described in Article 

Nine of the TROA. 

(d) Comply with applicable flood 

control requirements for Prosser Creek, 

Stampede, Boca, and Martis Creek 

Reservoirs. 

(e) Comply with all applicable dam 

safety requirements. 

(f) Use the integrated schedules 

developed by the Administrator through 

coordination with the scheduling 

parties. 

(g) Respond to declared Federal, State, 

or local water-related emergencies 

presenting a clear and immediate danger 

to public health, life, property, or 

essential public services involving an 

upset or other unexpected occurrence to 

facilities and resources addressed in the 

TROA. 

§ 419.4 What specific provisions govern 

operations of the reservoirs? 

The specific provisions governing 

operations of the Truckee River 

Reservoirs and other reservoirs are 

contained in the TROA. The following 

table shows the location of the 

provisions in the TROA. 

Provisions governing . . . Are in the following sections of the TROA . . . 

Recitals, Definitions ......................................................................................................................... Recitals 1 through 9, Definitions (1) through 

(106). 

Satisfaction of provisions of law, general operational principles, protection of water rights, imported water, remaining water of the Truckee River, and emergencies.Sections 1.A through 1.F 

Administration .................................................................................................................................. Sections 2.A through 2.C. 

Accounting, reporting, forecasting, and monitoring ........................................................................ Sections 3.A through 3.E. 

Incorporation of certain provisions of the preliminary settlement agreement ................................. Sections 4.A through 4.G. 

Operation of Floriston Rate and Project Water .............................................................................. Sections 5.A through 5.E. 

Truckee River and Lake Tahoe Basin Allocation and Accounting ................................................. Sections 6.A through 6.E. 

Credit Water Establishment, Storage, and Conversion .................................................................. Sections 7.A through 7.H. 

Priorities and Rules for Operations Following Impoundment or Accumulation of Water in Reservoirs.Sections 8.A through 8.V. 

Beneficial Uses of Water for Instream Flows and Recreation in California ................................... Sections 9.A through 9.F. 

Design of Water Wells in the Truckee River Basin in California .................................................... Sections 10.A through 10.H. 

Scheduling ....................................................................................................................................... Sections 11.A through 11.H. 

Effectiveness of the TROA ............................................................................................................. Sections 12.A and 12.B. 

Relation of TROA to Settlement Act, Adjustments to Operations and Changes to Agreement .... Sections 13.A through 13.E. 

Miscellaneous areas ....................................................................................................................... Sections 14.A through 14.Q. 

[FR Doc. E8–21177 Filed 9–12–08; 8:45 am] 

BILLING CODE 4310–MN–P 


erowe on PROD1PC64 with PROPOSALS-1