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<br />~ <br /> <br />00183!. <br /> <br />~' <br /> <br />l <br /> <br />Federal Register/Vol. 64, No, 21O/Monday, November I, 1999/Rules and Regulations <br /> <br />59007 <br /> <br />Colorado River Basin means all of the <br />drainage area of the Colorado Rlver <br />System and all other territory within the <br />United States 10 which the ,^'alers ofthr. <br />Colorado River System shall be <br />beneficially applied. <br />~Colorado River System means that <br />panion of the Colorado River and its <br />tributaries within the United States. <br />Colorado River waler means water in <br />or withdrawn from the mainstream. <br />Consuming entity means an <br />au,..th.orized entity in a Consuming State. <br />Consuming State means a Lower <br />Division State where ICUA wi!! be used. <br />Consumptive llse means diversions <br />from the Colorado River less any rerum <br />flow to the river that is available for <br />consumptive use in the United States or <br />in satisfaction of {he Mexican treaty <br />obligation. <br />(I) Cons~m?t lve use: from t~e <br />mairis-tream within the lower Division <br />States includes water drawn from the <br />mainstream by underground pumping. <br />(2) The Mexican treaty obligation is <br />set forth in the February 3, 1944. Water <br />Treaty between Mexico and the 'united <br />States. including supplements and <br />associated Minutes of the International <br />Boufldary and Water Commission. <br />[}ecree means the decree entered <br />March 9. 1964. by the Supreme Court in <br />Arjzona v. California. 373 U.s. 546 <br />(19~3). as supplemented or amended. <br />Entitlement means an authorization to <br />beneficially use Colorado River water <br />pursuant m: <br />(1) The Decree; <br />(2) A water delivery contrad with the <br />United Stales through the Secretary; or <br />(3) A reservation of water from the <br />Secretary. <br />Tnlentionallv created unused <br />apportionment or leUA meanS unused <br />apportionment that is developed: <br />(I) Consistent with the laws of the <br />Scoring State; <br />(2) Solely as a result of. and would <br />not exist except for. Implementing a <br />Srorage and Interstate Release <br />Agre~ment. <br />LOwer Division Slales means the <br />States of Arizona. California. and <br />Nevada. <br />Mainsueam means the main channel <br />of the Colorado River downstream from <br />Lee Ferry within the United Slates. <br />including the reservoirs behind darns on <br />the main channel, and Senator Wash <br />RcsefVoir off the main channel. <br />Off stream storage means storage in a <br />surface reservoir off of the mainstream <br />or in a ground water aquifer. Offstream <br />storage includes indirect recharge when <br />Colorado River w<.Uer is exchanged for <br />ground water that otherwise would have <br />been pumped and consumed. <br />Secretary means the Secreta[)' of the <br />Interior or an authorized representative. <br /> <br />Storage and Interstate Release <br />Agreement means an agreement. <br />consistent with this pan, between the <br />Secretary and authorized entities in two <br />or more Lower Division States that <br />addresses the details of: <br />(1) Offstream storage of Colorado <br />River water by a storing entity for future <br />use within the Storing State~ <br />(2) Subsequent development of ICUA <br />by the storing entity. consistent with the <br />(aws of the Storing State; <br />(3) A requp..s.t by the stming entity to <br />the Secretary to release lCUA to the <br />consuming entity; <br />(4) Release of ICUA by tile Secretary <br />to the consuming entity; and <br />(5) The inclusion of other entities that <br />are determined by the Secretary and the <br />storing entity and the consuming entity <br />to be appropriate to the performance <br />and enforcement of the agreement. <br />StorIng entilYIT1eans an authorized <br />entity In a Storing State. <br />SlOrlng State means a Lower Division <br />State In which wilter is stored off the <br />mainstream in accordance with a <br />Storage and Interstate Release <br />Agreement for future use in that State. <br />SLirplus apportJonment means the <br />Colorado River water apportloned for <br />use within each Lower Division State <br />when sufflcient water is available for <br />t'eteos~. as determined by the Secretary. <br />to satisfy in excess of 7.5 milf of annual <br />consumptive use in the lower Division <br />States. <br />Unused apportionmenl means <br />Colorado River water within a Lower <br />Division State.s b3sic or surplus <br />apportionment. or both. which is not <br />otherwise put to beneficial consumptive <br />use during that year within that State. <br />Upper Division Slates means the <br />States of Colorado, New Mexico, Ut<lh. <br />and Wyoming. <br />Water delivery contract pleans a <br />contract between the Secretary and an <br />entity for the delivery of Colorado River <br />water in accordance with section 5 of <br />lhe BCPA, <br />Subpart B-Storage and Interstate <br />Release Agreements <br />S414.3 Storage and Interstate Release <br />A9~eement8. <br />(a) Basic requirements for Stqrage and <br />,interstate Release Agreements. - Two or <br />more authorized entities may enter into <br />Storage and Interstate Release <br />Agreements with the Secretary in <br />accordance with paragraph (c) of this <br />section. Each agreement must meet all <br />of (he requirements of this section. <br />(0 The agreement must specify the <br />quantity of Colorado River water (0 be <br />Mored. the Lower Division Stale in <br />which it is to be stored. the entity(ies) <br /> <br />that will store the water. and the <br />facility(ies) in which it will be slOr€:.d. <br />{~The agreement mlJst specify <br />wnether the water to be stored will be <br />within the unused basiC apportionmen! <br />or unused surplus apportionment of th.e <br />Storing Stat..e. For water from the Storing <br />Slale's apportionment to qualify as <br />unused apportionment available for <br />slOrage under this p<:trt. the water must <br />first be offered to all entitlement holders <br />within the Storing State for purposes <br />other than inH~rstate transactions under <br />proposed Storage and Interstate Release <br />Agreements. <br />(3) The agreement must specify <br />whether the water to be stored will b_e <br />within the umlsed basic apponionm€;.nt <br />or unused surplus apportionment of t~e <br />Consuming Su~.t~. )f the water to be <br />stored will be unused apportionment of <br />the Consuming State. the agreement <br />must acknowledge that any unused <br />apportionment of the Consuming State <br />may be made a.vailable (rom the <br />Consuming St<He by the Secretary to the <br />Storing State'only in accordance with <br />Article II (B) (6) of the Decree. if unused <br />apportionment from the Consuming <br />State is to be slored under a Storage and <br />Interstate Release Agreement. the <br />Secretary wi II make the unused <br />apportionment of the Consuming State <br />available to the storing entity in <br />accordance with the terms of a Storage <br />and Interstate Release Agreement and <br />will not make that water available to <br />other entitlement holders. '"' <br />(4) The agreement must. ~pecify the <br />maximum quantity of ICUA that will be <br />developed and m'ade aVc1ilable for <br />release to the consuming entity. <br />(51 The agreement must sp~ciFy thaI, <br />lCUA may not be requested by th~ <br />consuining entity in a quantity tha, <br />e.~~~eds the quantity of \VaJe~ that had>> <br />been stored under a Storage and <br />In~erstate.~elease Agreement in t~c <br />Storing State. <br />(~ Th~ agree~ent must specify Cl, <br />procedure to VerIry and account for tt),e <br />qua.nt1ty of water stored in [he StorirlB <br />State under a Storage and Interstate <br />Release Agreement. . <br />(1) The agreement r~u.5t specify thal. <br />by a date certail}. the consuming entity <br />wilL <br />(i) Notify the storing entity to develop <br />a specmc quantity ofICLJA in the <br />following calendar year: <br />(ii) Ask the Secretary to release that <br />ICUA: and ' . <br /> <br />(iii) Provide a copy of the nolice or <br />reCJ..uest to each Lower Division State~ <br />(8) The agreement must specify tha't <br />when the storing entity receives a Jo <br />request to develop a spec-ine quantity or <br />ICUA: > <br />