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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 />000125 <br /> <br />only if the water right holder does not use or store that water on its own behalf Under the Rule, <br />the only water which can be used to satisfY a recovery request by the consuming State entity is <br />rcu A voluntarily created by the forbearance of a use which otherwise would have occurred, <br />Therefore, the Department has determined that the rule would not cause a taking of private <br />property or require further discussion of takings implications under this EO. <br /> <br />No Action Alternative <br /> <br />Under the No Action Alternative, without the Rule, there would not be an action requiring the <br />preparation of a DOE as required by EO 12866, <br /> <br />3, Cultural Resources <br /> <br />Section 106 of the National Historic Preservation Act (NHP A) of 1966, as amended, requires <br />every Federal agency to "take into account" how each of its undenakings could affect historic <br />propenies, A Federal undertaking [36 CFR 800,16(y)] means a project, activity, or program <br />funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including <br />those carried out by or on behalf of a Federal agency; those carried out with Federal financial <br />assistance, those requiring a Federal pennit, license or approval; and those subject to state or local <br />regulation administered pursuant to a delegation or approval by a Federal agency, Whenever one <br />ofthese activities has the potential to affect a historic or prehistoric property, the sponsoring <br />Federal agency is obligated to initiate and complete the Section 106 process, The agency consults <br />with the State Historic Preservation Officer (SHPO) and the Advisory Council on Historic <br />Preservation when necessary, <br /> <br />Preferred Alternative <br /> <br />Colorado River water identified for off stream storage, and development and release ofICU^, <br />would be delivered by existing facilities which have already undergone the Section 106 review, <br />The A WBA has indicated that water stored pursuant to a SIRA would be stored in existing State <br />authorized facilities in which they have contracted storage space, <br /> <br />Review of existing storage facilities by the A WBA and ADWR found that additional storage <br />facilities will be needed only to meet A WBA needs for the next ten years in the Tucson AMA, <br />The A WBA is authorized to develop and implement a plan for those facilities but cannot own or <br />operate the facilities. Reclamation will complete appropriate consultation and coordination with <br />Federal, State, and other interested parties on a case-by-case basis to address potential indirect <br />impacts associated with a proposed SIRA pursuant to the Rule. The development and <br />construction of any new ground water storage facility in Arizona is subject to public notification <br />and involvement, Arizona's State Historic Preservation Act, and approval by the Arizona <br />Department of Health Services, Arizona Water Quality Control Council, ADWR, and the <br />CAWCD, The State Historic Preservation Act (A.R.S 41-861 through 41-864) mandates that all <br />State agencies consider the potential of activities or projects to impact significant cultural <br /> <br />25 <br />