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11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Executive Summary 1 distribution, and! or use of Colorado River water within Mexico. Within the State of California, 2 the IA and QSA would only affect the delivery, distribution, and! or use of Colorado River 3 water by the participating agencies (CVWD, IID, MWD, and SDCW A). The IA and QSA would 4 not affect the delivery, distribution, and! or use of Colorado River water by other agencies 5 within California that hold rights to Colorado River water under the Seven Party Agreement 6 (Le., Priorities 1, 2, 3b, 6b, and 7); nor would the IA and QSA affect the delivery, distribution, 7 and! or use of Colorado River water by any present perfected right (PPR) holders (including 8 PPR holders in the States of Arizona and Nevada) as identified in the Decree, and supplemental 9 Decrees. 10 Adoption of an Inadvertent Overrun and Payback Policy The lOP component of the proposed action includes adoption of a policy that would identify inadvertent overruns of Colorado River water, establish procedures that account for inadvertent overruns, and define subsequent payback requirements, The lOP would not be materially modified for a 30-year period, The lOP is a condition precedent to the IA and QSA; that is, the lOP must be in place prior to implementation of the IA ilfd QSA. An inadvertent overrun is defined as Colorado River water that is diverted, pumped, or received by an entitlement holder in excess of the water user's entitlement for that year, The overrun is termed inadvertent because it is deemed to be beyond the control of the water user. The lOP a plies to al uantified olorado River water entitlements in th ower Basin and can only be applie to quanbtied consumptive use entitlements or entitlements that would take the remainin!!; quantity of a State's fixed apportionment. A procedure has not been established for applying the lOP to unquantified Colorado River water entitlements since entitlements that are not quantified would have no baseline from which to make a determination that an overage occurred. (Unquantified Colorado River water entitlements are entitlements that specify the diversion of Colorado River water for irrigation of a certain acreage or specific area of land,) 26 Under the lOP, payback would be required to begin in the calendar year that irrunediately 27 follows the release date of the Decree Accounting Record that reports inadvertent overruns for a 28 Colorado River water user. The lOP includes the following provisions: 29 30 31 32 33 34 35 . Payback must be made only from water management measures that are above and beyond the normal consumptive use of water; actions must be taken to conserve water that otherwise would not return to the mainstream of the Colorado River and be available for beneficial consumptive use in the United States or to satisfy the US.- Mexico Water Treaty obligation, . Maximum cumulative inadver accounts or individ ment holders are 0 percent of an entitlement holder's normal ear consumptive use entitlement. 36 . The number of years within which an overrun, calculated from consumptive uses 37 reported in final Decree Accounting Records, must be paid back, and the minimum 38 payback required for each year shall be as follows: lA, lOP, and Related Federal Actions EIS ES-3 DEIS - January 2002 '.'-'--i,,-,,"~~TO'=-":""--:-;;:O~ -_ ~~ ~ rf- JV) '-1( cr~$cJQ