WSP11307

• File Number: 8200.300.10.A
• Description: Colorado River Basin Legislation/Law - Interstate Water Transfers
• Basin: Colorado Mainstem
• Date: 12/1/1997
• Author: USDOI/BOR
• Title: Draft: Programmatic Environmental Assessment for Proposed Rule Making for Offstream Storage of Colorado River Water and Interstate Redemption of Storage Credits in the Lower Division States
• Water Supply Pro - Doc Type: Publication

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facilities and when fully operational.

The proposed rule allows authorized entities of any Lower Division State to enter into an
agreement with authorized entities of another Lower Division State for the banking of unused
entitlement or apportionment and interstate distribution of the storage credits as long as the
procedures in the proposed rule and applicable State Law are followed, The interstate agreement
would be subject to the approval of the Secretary.

Aspects of the proposed rule relevant to NEPA impact analysis include the following:

. The proposed rule does not authorize the construction of any new delivery, storage, or
water treatment facilities, However, Reclamation will coordinate and consult with
appropriate Federal, State and other interested parties on a case by case basis to address
any new facilities and perform additional NEP A analysis as appropriate;

. The Secretary, through Reclamation, would operate the Colorado River within its current
and projected routine operations consistent with the provisions of the BCP A and the
Decree to permit authorized entities to contractually store, recover, and use storage
credits on an interstate basis or assign them to other water users in other Lower Division
States;

. Basic unused apportionment or surplus apportionment identified for interstate off stream
storage and subsequent recovery would be delivered by existing facilities (Figure 3);

. The water diverted and stored off stream in a Storing State will be accounted for as being
consumptively used in that same year in the Storing State, in accordance with Article V
of the Decree;

. When a Consuming State entity wants to recover all or part of its storage credits from the
Storing State entity, the Colorado River water delivered in satisfaction of storage credits
will be accounted for as consumptive use of unused apportionment allocated in that same
year to the Consuming State, in accordance with Article V of the Decree; and

. The Secretary is responsible for ensuring Federal actions taken under the proposed rule
(interstate storage, redemption and lor assignment agreements) comply with NEPA, ESA,
and all other relevant environmental laws and regulations, The persons or entities who
would benefit from a proposed transaction (probably the authorized entities in the
Consuming State) would be responsible for bearing the costs of preparing the
appropriate environmental compliance documentation, with Reclamation's assistance, in
accordance with the standards set forth in Reclamation's NEPA Handbook prior to the
Secretary's approval of the proposed action,

LC Region DEAl 1

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12/97