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<br />OOO~H;~ <br /> <br /> <br />Section 6 of the BCP A notes "That the dam and reservoir provided for by section I hereof <br />shall be used: First, for river regulation, improvement of navigation, and flood control; second, for <br />irrigation and domestic uses and satisfaction of present perfected rights in pursuance of Article <br />VITI of said Colorado River compact; and third, for power." The Secretary manages and operates <br />these reservoirs for multiple, often conflicting purposes, through powers vested by Congress, The <br />principal source of the Secretary's poweris the contract power under ~ 5 of the BCPA to allocate <br />and distribute mainstream water within the boundaries established by that Act. Each year, the <br />Secretary develops and adopts an Annual Operating Plan (AOP) for the Colorado River <br />reservoirs. During the AOP process, the Secretary consults with the Basin States and other <br />interested parties, including the power users. The Secretary is mindful of the Federal contracts <br />with power users for supply of electric service from hydroelectric powerplants on the Colorado <br />River and will seek to minimize changes in power production that result from the Secretary's <br />activities regarding river operations. However, because of ~ 6 ofthe BCP A, power users are a <br />junior priority for use of Colorado River water. <br /> <br />Concerns of California Entities <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Comment: Several California entities expressed concern that the final rule should <br />acknowledge and be consistent with the comprehensive plan being developed by California water <br />agencies to reduce California's future use of Colorado River water (California 4.4 Plan). <br /> <br />Response: The Department places great emphasis on the necessity for the implementation <br />of a California 4.4 Plan. The Department does not, however, believe that this final rule needs to <br />address the California 4.4 Plan. This final rule is intended to be of general application and to <br />apply equally to each of the three Lower Division States. <br /> <br />Comment: Some respondents asked for assurance that the final rule will provide for <br />storage of conserved water, such as water that is anticipated to result from water conservation in <br />the Imperial Irrigation District (lID) that is proposed to be transferred to the San Diego County <br />Water Authority (SDCWA). <br /> <br />Response: The proposed transfer of water from lID to SDCW A is an intrastate <br />transaction that is not covered by the rule. For conserved water to be stored by an authorized <br />entity for purposes of an interstate water transaction under this rule, it must first be offered to all <br />entitlement holders in the State in which it was conserved. <br /> <br />Comment: In years when surplus water is needed to keep Metropolitan Water District's <br />Colorado River Aqueduct full, a conflict will arise among entities who claim surplus water if the <br />Secretary does not make a sufficient level of surplus water available to satisfY both Metropolitan <br />Water District's demand and diversions for offstream storage under Interstate Storage <br />Agreements (now termed "Storage and Interstate Release Agreements"). <br /> <br />to <br />