45 



Mr. Beard. Let me ask Mr. Patterson to address your question 

 because I think it is a fair question to address, Roger, why don't 

 you move up to the table? 



Mr. PoMBO. Just pull your chair up there, Roger. 



Mr. Patterson. What was the question? 



Mr. PoMBO. Mr. Beard said that this is the first year you will 

 be able to implement the 800,000 acre foot reduction because in 

 previous years you were either enjoindered or you didn't have time 

 to do it. Last year, I was told that you were keeping 200,000 acre 

 feet in New Melones because of the 800,000 acre foot reduction in 

 CVPL\. And I think those two statements are contradictory, and I 

 would like that explained to me. 



Mr. Patterson. I think what the commissioner was referring to 

 is that this is the first year with the 800,000 that there hasn't been 

 some external influence. In 1994, we were enjoined for part of the 

 year from being able to dedicate and utilize the 800,000 acre feet. 

 Prior to being enjoined in March I think it was, we had utilized a 

 small amount of the 800,000. 



Once we had the injunction lifted, we were back in a position to 

 finish up the year and use some of the 800,000 which is what we 

 did at New Melones Reservoir. 



So we had an interrupted year, if you will, in 1994. This is the 

 first year that we have not had something like that. And this is 

 also the first year that we have been clear on how we would credit 

 the Bay-Delta component against the 800,000. 



Mr, POMBO. So it is basically incorrect to say that you have not 

 done it before this year, but this is the first year you will be able 

 to do it for the whole year? 



Mr. Patterson. In 1993 — as we started into the operating year, 

 we were just a few months into CVPIA — there was a-'prescription 

 made by Fish and Wildlife, and water was dedicated and utilized, 

 I would say, on a very interim basis. 



Mr. PoMBO. So in 1993 how many acre feet was set aside under 

 CVPIA? 



Mr. Patterson. In 1993, essentially all of the 800,000 was uti- 

 lized. 



Mr. PoMBO. And in 1994, how many acre feet were set aside 

 under CVPIA? 



Mr. Patterson. In 1994, because of the injunction, there was 

 less than 100,000 acre feet utilized. 



Mr. PoMBO. What about the 200,000 out at New Melones? 



Mr. Patterson. The 200,000 acre feet was storage. It was not 

 yield 



Mr. POMBO. By what authority did you set aside the 200,000 acre 

 feet? If it was not CVPIA, what was it? 



Mr. Patterson. I don't think it is fair to characterize it as it was 

 set aside. We basically made a decision to go into the fall with 

 higher storage in New Melones in order to be able to meet fall 

 flows and to be able to have some temperature capability on the 

 Stanislaus that fall. So to say there was 200,000 acre feet set aside 

 I don't think is a fair characterization. 



Mr. PoMBO. I would say it is a fair characterization because it 

 was 200,000 acre feet in a drought year that was not released be- 

 cause of a certain reason. You say it was because of fall flows and 



