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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />" 0 II 0 12 2 <br /> <br />In addition, the Department will be mindful of the need to protect local tribal water resources <br />when fulfilling its role as set forth in this interstate water banking Rule. Tribes as well as other <br />entities may, for example, have concerns regarding the off stream storage of Colorado River water <br />and the potential impacts of future groundwater withdrawals from a water bank on their trust <br />resources. The Department will work with authorized entities and the Lower Division States in <br />banking Colorado River water to ensure that off stream storage of Colorado River water and <br />development and release ofICUA pursuant to this rule does not adversely impact local tribal <br />resources. Under the Preferred Alternative the Secretary will, when deciding whether to execute <br />a SIRA or not, take into account, among other factors, the potential impacts of a SIRA on trust <br />resources and entities, including Indian Tribes, See 9414.3(c), <br /> <br />Finally, the Preferred Alternative and the Rule do not address, and are not intended to govern, the <br />exercise of whatever authority the Secretary of the Interior has to consider and implement, in <br />appropriate situations, tribal storage and water transfer activities. <br /> <br />No Action Alternative <br /> <br />Under the No Action Alternative, without the Rule, A WBA would be unable to implement the <br />interstate component of the Act and enter into SIRA. The A WBA would not be able to store <br />Colorado River water for a State-authorized entity in California or Nevada, Arizona would <br />continue to divert and store its unused Colorado River water off stream in existing facilities for its <br />own use through the CA WCD and A WBA. Arizona tribes may continue to have issues with the <br />operation of existing ground water storage facilities near tribal lands, It is possible that California <br />and Nevada could enter into a SIRA to provide for off stream storage, development, and release <br />ofICUA without the rule, Reclamation would complete the appropriate level ofNEPA <br />documentation for such actions on a case specific basis, <br /> <br />2, Social, Economic, Financial, and Regulatory Imoacts <br /> <br />Reclamation has prepared an economic; financial, and regulatory impact study which analyzes <br />potential impacts of the Rule. This document, known as a Determination of Effects (DOE), <br />satisfies the requirements of Executive Order (EO) 12866 pertaining to regulatory planning and <br />review that requires agencies to undertake a benefit-cost analysis for regulatory actions, <br />Reclamation has placed a copy of the DOE and Initial Regulatory Flexibility Analysis on file in the <br />Reclamation Administrative Record, which is available for review upon request. The DOE <br />examines the following areas relating to the Preferred Alternative which are discussed below: <br />Regulatory Planning and Review; Paperwork Reduction Act; the Regulatory Flexibility Act; <br />Unfunded Mandates Reform Act; Federalism Assessment; and Takings Implications. <br /> <br />22 <br />