Common use of Framework Clause in Contracts

Framework. The framework for this Drought Response Operations Agreement is developed in recognition of, and consistent with, the law and practice relevant to the Upper Basin as summarized herein: 1. The CRSPA directed and authorized the Secretary to construct and operate the CRSPA Initial Units, to, among other things, allow the Upper Division States to utilize their apportionment of the Colorado River consistent with the Colorado River Compact. 2. Project-specific criteria govern the operation of each of the CRSPA Initial Units, including applicable Records of Decision and Biological Opinions to satisfy the requirements of the National Environmental Policy Act and the Endangered Species Act, the authorized purposes for each facility, and state water right systems and decrees. 3. The 1977 Department of Energy Organization Act (DOE Act) generally transferred power marketing and transmission (construction, operation, maintenance, and delivery) functions, including the responsibility to market and deliver power and energy from the applicable CRSPA Initial Units, from the Department of the Interior to Western Area Power Administration (“WAPA”). 4. Articles IV(c) of the Colorado River Compact and XV(b) of the Upper Colorado River Basin Compact (“Upper Basin Compact”) expressly recognize each compacting state’s rights and powers to regulate within its boundaries the appropriation, use, and control of water apportioned and available to the states by the Colorado River and Upper Basin Compacts. 5. Article VIII(d) of the Upper Basin Compact also establishes the Commission, which is composed of a commissioner representing each of the Upper Division States and a commissioner from the United States, to perform all functions required by the Upper Basin Compact and do all things necessary, proper, or convenient in the performance of its duties either independently or in cooperation with any state or federal agency. 6. Federal law and practice (including, but not limited to, Section 602(b) of the 1968 Colorado River Basin Project Act, 43 U.S.C. § 1552(b), the Criteria for Coordinated Long-Range Operation of Colorado River Reservoirs Pursuant to the Colorado River Basin Project Act, and the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Xxxxxx and Lake Xxxx) contemplate that in the coordinated operations of Lake Xxxxxx and Lake Xxxx, the Secretary will consult with the Colorado River Basin States through Governors’ Representatives, who represent the Governors and their respective state agencies.

Framework. The framework for this Drought Response Operations Agreement is developed in recognition of, and consistent with, the law and practice relevant to the Upper Basin as summarized herein: 1. The CRSPA directed and authorized the Secretary to construct and operate the CRSPA Initial Units, Units to, among other things, allow the Upper Division States to utilize their apportionment of the Colorado River consistent with the Colorado River Compact. 2. Project-specific criteria govern the operation of each of the CRSPA Initial Units, including applicable Records of Decision and Biological Opinions to satisfy the requirements of the National Environmental Policy Act and the Endangered Species Act, the authorized purposes for each facility, and state water right systems and decrees. 3. The 1977 Department of Energy Organization Act (DOE Act) generally transferred power marketing and transmission (“construction, operation, maintenance, and delivery”) functions, including the responsibility to market and deliver power and energy from the applicable CRSPA Initial Units, from the Department of the Interior to Western Area Power Administration (“WAPA”)Administration. 4. Articles IV(c) of the Colorado River Compact and XV(b) of the Upper Colorado River Basin Compact (“Upper Basin Compact”) expressly recognize each compacting state’s rights and powers to regulate within its boundaries the appropriation, use, and control of water apportioned and available to the states by the Colorado River and Upper Basin Compacts. 5. Article VIII(d) of the Upper Basin Compact also establishes the Commission, which is composed of a commissioner representing each of the Upper Division States and a commissioner from representing the United States, to perform all functions required by the Upper Basin Compact and do all things necessary, proper, or convenient in the performance of its duties either independently or in cooperation with any state or federal agency. 6. Federal law and practice (including, but not limited to, Section 602(b) of the 1968 Colorado River Basin Project Act, 43 U.S.C. § 1552(b), the Criteria for Coordinated Long-Range Operation of Colorado River Reservoirs Pursuant to the Colorado River Basin Project Act, and the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Xxxxxx and Lake XxxxXxxx (“2007 Interim Guidelines")) contemplate that in the coordinated operations of Lake Xxxxxx and Lake Xxxx, the Secretary will consult with the Colorado River Basin States through Governors’ Representatives, who represent the Governors and their respective state agencies.

Framework. The framework for this Drought Response Operations Agreement is developed in recognition of, and consistent with, the law and practice relevant to the Upper Basin as summarized herein: 1. The CRSPA directed and authorized the Secretary to construct and operate the CRSPA Initial Units, Units to, among other things, allow the Upper Division States to utilize their apportionment of the Colorado River consistent with the Colorado River Compact. 2. Project-specific criteria govern the operation of each of the CRSPA Initial Units, including applicable Records of Decision and Biological Opinions to satisfy the requirements of the National Environmental Policy Act and the Endangered Species Act, the authorized purposes for each facility, and state water right systems and decrees. 3. The 1977 Department of Energy Organization Act (“DOE Act”) generally transferred power marketing and transmission (“construction, operation, maintenance, and delivery”) functions, including the responsibility to market and deliver power and energy from the applicable CRSPA Initial Units, from the Department of the Interior to Western Area Power Administration (“WAPA”)Administration. 4. Articles IV(c) of the Colorado River Compact and XV(b) of the Upper Colorado River Basin Compact (“Upper Basin Compact”) expressly recognize each compacting state’s rights and powers to regulate within its boundaries the appropriation, use, and control of water apportioned and available to the states by the Colorado River and Upper Basin Compacts. 5. Article VIII(d) of the Upper Basin Compact also establishes the Commission, which is composed of a commissioner representing each of the Upper Division States and a commissioner from representing the United States, to perform all functions required by the Upper Basin Compact and do all things necessary, proper, or convenient in the performance of its duties either independently or in cooperation with any state or federal agency. 6. Federal law and practice (including, but not limited to, Section 602(b) of the 1968 Colorado River Basin Project Act, 43 U.S.C. § 1552(b), the Criteria for Coordinated Long-Range Operation of Colorado River Reservoirs Pursuant to the Colorado River Basin Project Act, and the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Xxxxxx and Lake Xxxx) contemplate that in the coordinated operations of Lake Xxxxxx and Lake Xxxx, the Secretary will consult with the Colorado River Basin States through Governors’ Representatives, who represent the Governors and their respective state agencies.