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system that has formed the basis for the distribution of Colorado River water made available to California, <br />MWD holds the fourth priority right to 550,000 acre -feet per year. This is the last priority within California's <br />basic apportionment. In addition, MWD holds the fifth priority right to 662,000 acre -feet of water, which is in <br />excess of California's basic apportionment. Until 2003, MWD had been able to take full advantage of its fifth <br />priority right as a result of the availability of surplus water and apportioned but unused water. However, during <br />the 1990s Arizona and Nevada increased their use of water from the Colorado River, utilizing their respective <br />basic apportionments by 2002 and significantly reducing unused apportionment available for California. In <br />addition, a severe drought in the Colorado River Basin reduced storage in system reservoirs, such that MWD <br />stopped taking surplus deliveries in 2003 in an effort to mitigate the effects of the drought. Prior to 2003, MWD <br />could divert over 1.2 million acre -feet in any year, but since that time, MWD's net diversions of Colorado River <br />water have been limited to a low of nearly 633,000 acre -feet in 2006 and a high of 1,105,232 acre -feet in 2009. <br />Average annual net deliveries for 2003 through 2013 were approximately 838,000 acre -feet, with annual <br />volumes dependent primarily on programs to augment supplies, including transfers of conserved water from <br />agriculture. <br />MWD has entered into agreements with the Imperial Irrigation District, Central Arizona Water <br />Conservation District and Palo Verde Irrigation District and is seeking additional agreements with other <br />agencies to reduce their diversions from the Colorado River, thereby augmenting MWD's available supply. <br />hi January 2001, the Secretary of the Interior adopted guidelines (the "Interim Surplus Guidelines ") for <br />use through 2016 in determining if there is surplus Colorado River water available for use in California, Arizona <br />and Nevada. The purpose of the Interim Surplus Guidelines is to provide a greater degree of predictability with <br />respect to the availability and quantity of surplus water through 2016. The Interim Surplus Guidelines were later <br />extended through 2026. <br />Under the Interim Surplus Guidelines, MWD initially expected to divert up to 1.25 million acre -feet of <br />Colorado River water annually under foreseeable runoff and reservoir storage scenarios from 2004 through <br />2016. However, an extended drought in the Colorado River Basin reduced these initial expectations. From 2000 <br />to 2004, snowpack and runoff in the Colorado River Basin were well below average. Although runoff was <br />slightly above average in 2005, the runoff in 2006 and 2007 was again below average, making 2000 through <br />2007 the driest eight -year period on record. Although 2008 and 2009 runoff was near normal, combined storage <br />in Lake Mead and Lake Powell remains at 50% of capacity. MWD's initial 2010 diversion approval from the <br />Bureau of Reclamation totaled 935,700 acre -feet plus any unused Priority 1 through 3 water. MWD anticipates <br />its ultimate 2010 diversion approval from the Bureau of Reclamation will exceed 1 million acre -feet. <br />The Southern Nevada Water Authority ( "SNWA ") and MWD entered into an Agreement Relating to <br />Implementation of Interim Colorado River Surplus Guidelines on May 16, 2002, in which SNWA and MWD <br />agreed on the allocation of unused Arizona apportionment and on the priority of SNWA for interstate banking in <br />Arizona. SNWA and MWD entered into a storage and interstate release agreement on October 21, 2004. Under <br />this program, Nevada can request MWD to store unused Nevada apportionment of Colorado River water in <br />California. The amount of water stored through 2009 under this agreement was 70,000 acre -feet. In subsequent <br />years, Nevada may request recovery of this stored water. As part of a recently executed amendment, it is <br />expected that Nevada will not request return of this water until 2022. The stored water provides flexibility to <br />MWD for blending Colorado River water with State Water Project water and improves near -term water supply <br />reliability. <br />MWD Rates. MWD water rates are established by majority vote of the MWD board in March of each <br />year, after a public hearing held in February. Rates are not subject to regulation by any local, state or federal <br />agency. Under the MWD Act, MWD must, so far as practicable, fix such rates for water as will result in revenue <br />which, together with revenue from any water standby or availability of service charge or assessment, will pay <br />the operating expenses of MWD, provide for repairs and maintenance, provide for payment of the purchase <br />price or other charges for property or services or other rights acquired by MWD and provide for the payment of <br />the interest and principal of the bonded debt of MWD. <br />80A -165 <br />25 <br />