WSP09205

• File Number: 8200.400
• Description: Colorado River Basin Briefing Documents-History-Correspondence
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 11/1/1999
• Author: DOI-BOR
• Title: Offstream Storage of Colorado River Water - Development and Release of Intentionally Created Unused Apportionment in the Lower Division States - Final Rule - 43 CFR Part 414
• Water Supply Pro - Doc Type: Report/Study

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Federal Register/Vol, 64, No, 21O/Monday, November 1. 1999/RuJes and Regulations

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0) It will ensure that the Storina
State's consurnptive use of ColoraeJo
River water wil1 be decreased by a
quanlity sufficient to develop [~e I
requested quantity of ICUA; and
(1I) Any actJons [hat the storing entity
takes will be consistent with its State's
laws. .
(~) The agreement must jnclude ~a
desc.riptlon or:
(i) The actions)he authorized entity
will "take to develop)CUA;
(ii) Potential actions to decrease the
authorized entity's consumptive us.e of
Colorado River water:
(iii) The means by which the
development of the ICUA will be
enforceable by the storing entity; and
(iv) The notice given to entitlement
holders, including Indian tribes, of .
opportunities to participate in
development of this ICUA.
(lOr The agreement must specify that
the storing entity will certify to lpe
Secretary that ICUA has been or will l?e
developed that otherwise would not.
have exjsted. The certification must:
(i) Identify the quantity. the means.
and the entity by whicn ICUA has been
or wllJ be developed: and
(ij) Ask the Secretary to make the
ICUA available to the consuming entity
under Article JI(B)(6) of the Decree and
the Storage and Interstate Release
Agre~ment.
. (1 I) The agreement must specify a
procenure for verifying development of
the ICl]A appropriate to the manner in .
which it is developed.
(12) The agreement must specify that
the Secretary will release lCUA,
developed by the storing enrity:
(i) In accordance wilh a request of the
consuming entity;
(ii) In accord;:mce with the terms of
the Storage and lnterstate Release
Agreement:
(iil) Only for use by the consuming
entity and not for use by other
entitlement holders; and
(iv) In accordance with the terms of
the Storage and Interstate Release
Agreement. the BCI'A, Article I1(B)(6) of
the Decree and all other appllcable laws
and executive orders.
(13) The agreement must specify that
ICUA shaH be released ~o the c.onsui'ning
entity only in the year and to the exter;l
that lCUA is developed by the storing
enUty by reducjng Colorado River waH;r
use 'q'Hhin the Storing Stqte.
(J 4) The agreement must specify that
the Secretary wiIJ release lCUA only
after the Secretary has determined that
all necessary actions have been take.n
under thls part
OS) Thc agreement must specify that
before releasing lCUA thp. .Secretary
must first determine that the storing
entity: ,

0) Stored water in accordance with
the Storage and Interstate Release
A.greement in quantities sufficient to
support the development of the ICUA
requested by the consuming entity: and
(Ii) Cerrifled to the satisfactlon of the
Secretary that the quantity of ICUA
requested by the consuming entity has
been developed in that year (lr will be
developed in that year under.9 414.3(t).
116) The agreement mus( specify that
the non-Federal parties to the Storage
and Interstate Release Agreement will
indemnify the United S,tatcf>. its
employees, agents, subcOn[raClOrS,
successors. or assigns from loss or claim
for damages and from liability to
persons or property. direct or indirect.
and loss or claim of any nature
whatsoever arising by reason of the
actions taken by the non-federal parties
to the Stoi'age and Interstate Release
Agreement under this part.
D 7) The agreement must specify tl)e
extent to which facilities constructed or
financed by lhe United States will be'
used to store, convey. or distribute .
water associated with a StoTage and
Interstate Release Agreement.
(IS) The agreement must include any
other provisigns that the panies deem
Je9PJpriate.
, -"(b) How to address financial
considerations. The Secretary will not
execute an agreement tnat has -ad....er'iR.
impa_cts 01-1- the nilanclal inte.resl.s ofJl1e
United Stares. Financial details between
an-damong the non-Federal parties need
not be included in the Storage and
Interstate Release Agreement but instead
can be the subject of separate .
agreements.-The Secretary need not be
a party [0 (he separate agreements.
(c) How the Secretary will execute
s.torage and interstate release
agreements. The Regional Dlrecwr for
the Bureau of Reclamation's Lower
Colorado Region (Regional Director)
may execute and administer a Slorage
and lnlersratt'! Release Agreement on
behalf of the Secretary. The Secretary
will notify the public of his/her intent
w participate in negotiations to develop
a Storage and Interstate Release
Agreement and provide a means for
public input. In considering whether to
execute a Storage and Interstate Release
Agreement. the Secretary may request.
and the non-Federal parties must
provide, any additional supporting data
necessary to clearly set forth both the
details of the proposed transaction and
the eligibility of the parties to
participate as Slate-authorized entities
in the proposed transaction. The
Secretary will also consider: applicable
law and executive orders; applicable }
contracts; potential effecls on trust'
resources: potential effects on.

entitlement holders, including lnqian
tribes: p~tenlial impacts on the UPI?cr
Oivis~on States; potential effects on
third parties; potential el~vjronmental ~
impacts and potential eflec(s on
threatened and endangered species;
comments from interested parties. ..
particulady parties who may be affected
by the proposed action; comments fro~ .
the State agencies responsible for
consulting with the Secretary on rnatters
rel<\ted to the Colorado River; and other
relevant factors. including the direct or..~
indirect consequences of the proposed.
Storage and lnterstate Release
Agreement on the fjnancial interests of
th.e United States. ~ased on the
consideration of the factors in this
section, the Secretary may execute or
decide not 10 execute a Storage and
Interstate Release Agreement
, (d) Assigning'lnterests to an
authorized entity. Non-Federal parties
to a Storage and lnrerstate Release
Agreement may assig"n their interests in
the Agreement to authorized entities.
The assignment can be in whole or in
part. The assignment can only be made
if aU parties to the agreement approve.
(e) Requiremem for contracts under
rheBf>ulder Canyon Project Act. Release
or diversion of Colorado River water for
storage under this part must be
supported by a water delivery contract
with the Secretary in accordance with
Section 5 of the BCP A. The only
exception lO this requirement is storage
of Article I1(D) (of the Decree) water by
Federal or tribal entitlement holders.
The release or diversion of Colorado
River water that has been developed or
will be developed as lCUA under this
part also must be supported by a Sect iOIl
5 water delivery contract.
(I) An authorized enUL)' may satisfy
the requirement of this section through
a direct contract with the Secretary. An
authorized entity also may satisfy the
Section 5 requirement of the SePA. for
purposes of this part. (hrough a valid
subcontTac! with an entitlement holder
that is authorized by the Secretary to
subcontract for the delivery of all or a
portion of its entitlement.
(2) Far stlJring entities. that do not
otherwise hold a contract or valid
subcontract for the deHvery of the water
to be stored, the Storage and Interstate
Release Agreement will sCr\le as the
vehicle for satisfying the Section 5
requirement for the release or diversion
of that water.
(3) For consuming entities that do not
otherwise hold a contract or "valid
slibcontract for the delivery of the water
to be released by the Secretary as ICUA,
the Storage and Interstate Release
Agreement will serVe as the vehicle ror