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, 210/Monday, November 1, 1999/Rules and RegulMions

59009

satisfying the SectiO(l 5 requirement for
the release or diversion of that water.
"(0 Anticjpatory release of leVA. The
Secretary may release leUA to a
consuming entity before the actual
development of ICUA by the storing
entity if the storing entity certifies to the
Secretary that leUA will be developed
during that s.ame year that otherwise
would not have existed.
0) These anticipatory releases wJll
only be made in the ,Same year that the
leUA is. developed.
(2) Before an anticipatory release. the
~cretaTY must be satisfied thallhe
swring emity will develop the necessary
lCUA in the same year that the leUA is
to be released.
(g) Treaty obligations. Prior 10
executing any specific Storage and
Interstate Release Agreemems. the
United States will consult with Mexico
through the International Boundary and
Water Commission under the boundary
water treaties and other applicable
international agreements in force
between the two countries.

~414.4 Reporting req",irements and
accounting under Storage and Interstate
Relea~_e Agreements.

(a) Annual report tcJ the Secretary.
Eachstoring ~mHy will submit an
annllal report to the Secretary
containing the ffii'l\eri'a\ requlred by this
section. The report will be due on a date
to be agreed upon by the parties to the
Storage and Interstate Release
Agreement. The report must include:
(I) The quantity of water diverted and
stored during the prior year under all
Storage and Interstate Release
Agreements: and
(2) The tOlal quantily of stored water
availilbIe to support the development of
ICUA under each Storage and Interstate
Release Agreement to which the storing
entity is a party as of December 31 of the
prior calendar year.

(b) How the SecreUlry accounts for
diverted and stored water. The Secre.ta'fY
will account for water diverted and
stored under Storage and Interstate
Release Agreements in the records
maintained under Article V of the.
Decree.

(0 The Secretary will account for the
water thai is diveI1ed and stored by a
storing entity as a consumptivE' use in
the Storing State for the year in which
it is stored.

(2) The Secretary will account for the
diversion and consumptive use of ICUA
by a consuming entity as a consumptive
use in the Consuming State of unused
apportionment under Article 11(8)(6) of
the Decree in the year the water is
released in the same manner as any
other unused apportionment taken by
that State.

(3) The Secretary will maintain
individual balances of the quantities of
water stored under a Storage and
Inlerstate Release Agreement and
available to support the development of
ICUA. The approp'flate balances will be
reduced when lCVA is developed by the
storing entity and released by the
Secretary for use by a consuming entity.

Subpart C-Water Quality and
Environmental Compliance
S414.5 Water quality.
(a) Water Quality is not guaranteed.
The' Secretary does not warrant the
quality of water released or delivered
under Storage and Interstate Release
Agreements. and the United States will
not be liable for damages of any kind
resulting from water qualilY problems.
The United Slates is not under any
obligation (0 construct or furnish water
treatment facilities to maintain or
improve water quality except as may
otherwise be provided in re~eva(Jt
Federal law.

(b) Req~ired water quaWv standards.
A.n enl\U~.s, \n diverting, using. -and
returning Colorado River water. must:
(I) Comply wHh all appl !cable water
pollution laws and regulations of the
United States. the Storing State. and the
Consuming State; and
(2) Obtain all applicable pemlHs or
licenses from the appropriate Federal.
Stilte. or local authorities regarding
water quality and water pollution
maners.

5414.6 Environmental compliance and
funding of Federal cost~.

(a) Ensuring envirorlmentaI
compliance. The Secretary will
complete environmental compliance
documentation. compliance with the
National Environmenlal Policy Act of
1969. as amended. and the Endangered
Species Act of 19?3. as o.mended'. and
will integrate the requirements of olller
statutes. laws. and executive orders as
required for Federal actions to be taken
under this part.
(b) Responsibility for environmental
compliance work. Authorized entities
seeking to enter into a Storage and
In!erstale Release Agreement under thiS
part may prepare the appropriate
doc.umentation cmd ctlmp\iance
document for a proposed Federal action.
such as execution of a proposed Storage
and Interstate Release Agreement. The
compliance documents must meet the
standards set forth in Reclamation's
national environmental policy guidance
before they can be adopted.
(c) Responsibjfj[y for funding of
Federal costs. All costs incurred by the
United States in evaluZiUng. processing.
and/or executing <.I Storage and
Interstate Release Agreement under this
part must be funded in advance by the
aUlhorized entities that are party to that
agreement.

iFR Doc. 99-284l7 Filed 10-29-99.8:45 am)
BrLUNG CODE 4J1o-94-P

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