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I I I I I I I I I I I I I I I I I I I OJJIJl FINAL PROGRAMMATIC ENVIRONMENTAL ASSESSMENT FOR RULEMAKING For OFFSTREAM STORAGE OF COLORADO RIVER WATER AND DEVELOPMENT AND RELEASE OF INTENTIONALLY CREATED UNUSED APPORTIONMENT IN THE LOWER DIVISION STATES (43 CFR PART 414) I. PURPOSE AND NEED FOR ACTION A. Introduction The Bureau of Reclamation (Reclamation) is proposing a new Rule under which Colorado River water may be stored off stream in the States of Arizona, California, and Nevada (Lower Division States) for future interstate use in these States. The Rule would establish the procedural framework for the Secretary of the Interior (Secretary) to follow in considering, participating in, and administering Storage and Interstate Release Agreements (SIRA), The Rule establishes a framework only and does not authorize any specific activities, Vnder the Rule, an entity which is expressly authorized by the laws of a Lower Division State may enter into a SIRA and develop intentionally created unused apportionment (ICVA), Water stored could be from within the apportionment of the Storing State, or from unused apportionment of the Consuming State, Colorado River water stored off stream under a SIRA will be held by the authorized entity in the Storing State (storing entity), When an authorized entity in a Consuming State (consuming entity) requests development of lCVA under a SIRA, the storing entity will take actions to reduce its State's consumptive use of Colorado River water, thereby developing ICVA. When the Secretary is satisfied that ICVA has been or will be developed, the Secretary will release an equivalent quantity ofICVA for the consuming entity, The Rule will increase the efficiency, flexibility, and certainty in management of Colorado River water supplies. The Rule will provide a standard set of procedures for the contractual distribution and release of ICVA pursuant to a SIRA within the Lower Division States. These procedures will provide greater flexibility, certainty, and assurance to all parties potentially interested in entering into a SIRA to store Colorado River water off stream and use ICVA. The actions and transactions contemplated in the Rule are within the current authority of the Secretary under the Boulder Canyon Project Act of 1928 (45 Stat. 1057,43 U.S,C. 617) (BCPA) and the 1964 Supreme Court Opinion and Decree in Arizona v, California, 373 V,S, 546 and 376 U.S, 340 (Decree) as supplemented and amended, The Rule formalizes the procedures for the Secretary to follow in considering, participating in, and administering a SIRA and does not expand or create this authority, The Rule and this progranunatic environmental assessment (PEA) do not address off stream storage and distribution of water for intrastate use in the Lower Division States, I