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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normal business and the annual reports to the Regional Director will not impose any significant
time or cost burden. It is estimated that each respondent would need one hour at a cost of $20 to
complete the annual reporting requirement,

. Regulatory Flexibility Act

Congress enacted the Regulatory Flexibility Act of 1980 (RFA), 5 US.C. 601 et seQ., to ensure
that Government regulations do not unnecessarily or disproportionately burden small entities.
The RF A requires a regulatory flexibility analysis if a rule would have a significant economic
impact, either detrimental or beneficial, on a substantial number of small entities. An initial
RF A analysis has been done, This proposed rule will not impose any direct costs on small
entities. A benefit-cost analysis was completed and concludes that the proposed rule does not
impose significant or unique impacts upon small governments (including Indian communities);
or small entities such as water districts, water purveyors, water companies, or individual water
entitlement holders,

. Unfunded Mandates Reform Act

The Adoption of 43 CFR part 414 will not result in any unfunded mandate to State, local, or
tribal governments in the aggregate, or to the private sector, of $1 00 million or more in anyone
year,

. Federalism Assessment

Under EO 12612, the proposed rule does not alter the relationship between the Federal
government and the States under the BCP A or the Decree nor does it alter the distribution of
power and responsibilities among the various levels of government. Therefore, in accordance
with this EO Reclamation has determined that this proposed rule does not have sufficient
federalism implications to warrant preparation of a Federalism Assessment.

. Takings Implications

Under EO 12630, the proposed rule does not represent a government action capable of
interfering with constitutionally protected property rights. This rule does not impose additional
fiscal burdens on the public. This rule would not result in physical invasion or occupancy of
private property or substantially affect its value or use, The rule would not result in any Federal
action that would place a restriction on a use of private property, The rule does not affect a
Colorado River water entitlement holder's right to use its full water entitlement. Under the
proposed rule, an authorized entity may store unused water available from an entitlement
holder's water rights only if the water right holder does not use or store that water on its own
behalf Under the proposed rule, the only water which can be used to satisty storage credits is
unused apportionment voluntarily created by the forbearance of a use which otherwise would
have occurred, Therefore, the Department has determined that the rule would not cause a taking
of private property or require further discussion of takings implications under this EO,

LC Region DEAl I

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