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I I I I I I I I I I I I I I I I I I I o~nQg? framework only and does not authorize any specific activities, Under 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 (ICUA), 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 ofICUA under a SIRA, the storing entity will take actions to reduce its State's consumptive use of Colorado River water, thereby developing ICUA. When the Secretary is satisfied that ICUA has been or will be created, the Secretary will release an equivalent quantity ofICUA for the consuming entity, The Rule is based on the understanding that this type of off stream storage is a beneficial use of Colorado River water. The Rule establishes a procedural framework under which the Secretary will implement the contractual distribution and release ofICUA pursuant to a SIRA among 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 offstream and use I CU A. The actions and transactions contemplated under the Rule are within the current authority of the Secretary pursuant to the Boulder Canyon Project Act of 1928 (45 Stat, 1057,43 U.S.C, 617) and the 1964 Supreme Court Opinion and Decree in Arizona v, California, (373 U.S, 546 and 376 U.S, 340) 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 authority to do so, The Secretary will be a party to a SIRA. The Rule and the final programmatic environmental assessment do not address off stream storage and distribution of water for intrastate use in the Lower Division States. ENVIRONMENTAL ANALYSIS PROCESS National Environmental Policy Act Reclamation prepared and circulated a'draft Programmatic Environmental Assessment (DPEA) which evaluated the potential impacts of the Agency Preferred Alternative-Proposed Action and the No Action Alternative, The Agency Preferred Alternative-Proposed Action is the promulgation of a new rule to establish a procedural framework for the Secretary to follow in considering, participating in, and administering a SIRA among the Lower Division States that would pennit State-authorized entities to store Colorado River water off stream, develop ICUA, and make ICUA available to the Secretary for release and use in another Lower Division State, Two additional alternatives were considered but eliminated from further analysis. These alternatives were not reasonable because they either did not meet the requirements of the purpose and need for the proposed action or were not practical or feasible from an operational and economic standpoint under projected river conditions, A programmatic approach was adopted because many of the details of a specific SIRA under the Rule cannot be ascertained at this time (for example, conveyance, storage and forbearance), Reclamation will conduct the appropriate level ofNEP A analysis to identify potential impacts associated with all specific SIRA when they are presented to the Secretary, 2