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00182/;; Federal Register/Vol. 64. No. 21O/Monday. November I. 1999/Rules and Regulations 58997 R~1'Ca5e f\gTeemenl that will be negotiated among the parties to that agreement Further. this subject involves accounting matters that arc set forth in 9414.4 Commenc:Specify in 9 414.3(a) that the consuming entity may not request ICUA in a quantity that exceeds the quantity of water then in storage under an lnterslate Storage Agreement (now tenned a "Storage and Interstate Release Agreement") in the Storing State. Several respondents suggested deleting the statemenl from the proposed rule that water then in storage under an Interstate Storage Agreement (now termed a "Storage and Imerslate Release Agreement") may not be recovered wi(hin the same calendar year in which the water was stored offstream. Another respondent suggested retaining this slatement Response: We agree with the suggestion from several State agencies, a water authority. and a water district that the Storage and Interstate Release Agreement must specify that the consuming entity may not request a quantity of lCUA in excess of the quantity of waler then in storage under a Storage and lnter5taH: Re\ease Agreement. The quantity of water stored under a Storage and Interstate Release Agreement serves as the basis for the quantity of ICUA t'hat may be developed under the Storage and Interstate Release Agreement. This rule allows Colorado River entitlement holders in the Storing State the option to use the water previously slored under a Stora.ge and (nterstate Release Agreement. under a direct contract with the Secretary, or lmder a valid subcontract with an enHt\ernent holder authorized to enter into subcomracts. However, the rule <1lso allows other means consistent with Storing State law w develop ICUA. We do nm agree with the_ suggestion from a water district to retain the requirement that water stored under a Swrage and Interstate Release Agreement may not be recovered within the same year the water is swred offstream. The parties may agree to permit the consuming {'nUty to request and receive ICUA during the same year water is stored under a Storage and Interstate Release Agreement. However. the applicable law of the Storing State may not permit a consuming entity to request the delivery of a quantity of \CUA that exteeds the quantity of unused apportionment that was stored offstream for that consuming entity under a Storage and lmerstate Re\ease Agreemem as of the end of the prior year. Commellt: Modify 9 414.3(a) (0 specify that. by a date certain to be specified in the Intcrstate Storage Agreement (now termed a "Storage and Interstate Release Agreement'.). the consuming entity will provide notice to the Lower Division States and to the S~crelary of its request for a specific quantity of ICUA in the following calendar year. Response: We agree with this suggestion from two State agencies and a water authority and have modified this rule to incorporate this intent The revised provision is now renumbered 9414.3(.)(7). The rule will allow the parties and the Secretary to reach a mutually acceptable date for the notice in the Siorage and Interslate Release Agreement. Com men I: Modify 9414.3(.) to specify that the date when the consuming entity will provide notice to the Lower Division States and to the Secretary will be the later of (i) November 30 or (ij) within 45 days after the AOP has been transmiLted to the Governors of the Colorado River Basin States. This change will allow more flexibility in case fhe AOP is not transmitted by the Secretary to the Governors before November 30, as has occurred sometimes in the past. Response: We did not incorporate this. suggestion from a water district into this rule. It h possible that the processes for the Secretary to send the AOP to t'he Governors and the Colorado River entitlement holders to complete their annua.l water orders may not be completed untlllClte in the year, beyond November 30. However. we agree with several respondents that the date when the authorized entity is to provide notice is better incorporated into the Storage and Interstate Release Agreement. Comment: Modify 9414.3(a) to clarify that a storing entity, after receiving a notice of a request for a specific quantity of lCUi\. win take actions to ensure that the Storing State's consumptive use of Colorado River water wi!( be decreased by a quantity sufficient 10 develop the requested quantity of ICUA to be released for use in the Consuming State. Response: We agree with this suggestion from a State agency, a water authority, and a water district and have modified this rule fo incorporate this change. The revised provision is now renumbered 9414.3(.)(8). Comment: Modify ~ 4l4.3(a) to provide that the Interstate Storage Agreement (now termed a Storage and Interstate Release Agreement will specify which types of actions may be {aken in the Storing State to d~velop ICUA. Response: We agree with (his suggestion from a State agency, a water authorily, and a water district and have modified this rule to incorporate lhis change. The modified rule also requires the storing entity to specify thc means by which the development of the leUA will be enforceable by the swring entity. The revised provision is now renumbered 9414.3(.)(9). Comment: The rule should be modified to specify that an Intersratc SlOrage Agreement (now termed a "Storage and Interstate Release Agreement") win require the storing entily to cerlify that ICUA is developed that otherwise would not exist and to specify the quantity, the means. and the entity by,which the unused apportionment will be developed. Response: We agree with this suggestion by a State agency, a water authority, and a water district and have modified and renumbered this provision ~ 414.3(a)(10) to incorporate this change into this rule. We do not agree with the comment from a State agency that it is necessary to specify the procedure by which certification is provided to the Secretary. However. the Sccretary and the authorized entities may specify the certification procedure in the Storage and Interstate Release Agreement if they so chDDse. Comment: The rule should provide guidance as 10 how the development of rCUA will be verified. Response: We agree wilh the suggestion from a StalC agency and a water authority that this rule should require a Storage and Interstate Release Agreement 10 specify a procedure for verification of the ICUA appropriate to the manner in which it is developed. This rule has been modified to incorporate this requirement into a new 9414.3(a)(ll). In addition.' new 9 414.3(a)(6) was included in this rule to require the Storage and Interstate Release Agreement to specify a procedure for verification of the quantity of water slOred in the Storing State under a Storage and Interstate Release Agreement. Further, 9414.3(.)(10) specifies th.t the storing entity must certify to the Secretary that lCUA has been or will be developed that would not otherwise exist. The Secretary may use independent means 10 verify the existence of ICUA. Comment: The Secretary should review the water orders and relea'ie the AD? before actions are takcn 10 develop or release KUA. Response: We do not agree with (his suggestion from a State agency. The respondent raised a concern [hat this ru\e might allow a storing entity to increase its water order to include the quantity of requested ICUA. The authorized entity could then decrease Its order. pump ground water or release