WSP11852

• File Number: 8200.400
• Description: Colorado River Basin Briefing Documents-History-Correspondence
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 10/1/1999
• Author: DOI-BOR
• Title: Programmatic Environmental Assessment-Rulemaking-Offstream Storage Colorado River Water - Development-Release Intentionally Created Unused Apportionment - Lower Division States - Appendix H-Section I
• Water Supply Pro - Doc Type: Report/Study

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000343

VI of the Civil Rights Act of 1964, which states that ''No person in the United States shall, on the
ground of race, color or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance."

Response: The Department does not agree that the Tribes will be denied an opportunity
to participate under this final rule or that this rule results in discrimination within the meaning of
the Civil Rights Act. The Department will require that all entitlement holders, whether Tribal or
non-Tribal, are treated equally under the rule, The Department will monitor efforts by the States
and authorized entities to extend benefits to the Tribes under this final rule and will, in the future,
assess whether it needs to review or revise this final rule to provide additional opportunities to the
Tribes.

Public Comments on Proposecl'Rule and Responses on Specific Provisions

The following section presents public comments on the proposed rule that apply to
specific provisions in the rule.

Comments Concerning the Title of the Rule

Comment: The title of the rule should not mention the redemption of storage credits
because these terms lack clarity and are ambiguous. The rule should provide that Colorado River
water stored offstream under an Interstate Storage Agreement (now termed a "Storage and
Interstate Release Agreement") will be used in the State in which the water is stored and that the
Secretary will release ICUA rather than deliver storage credits.

Response: The Department agrees with the concept suggested by several State agencies,
a water district, and a water authority and has modified the title to read, "Offstream Storage of
Colorado River Water and Development and Release ofIntentiona1ly Created Unused
Apportionment in the Lower Division States."

Comments Concerning & 414.1 -- Puroose

Comment: The purpose section should not use terminology that is vague and implies that
a Storing State will create and redeem storage credits because the Colorado River water that is
stored off stream will always belong to the Storing State. Amend the language to establish the
intent that Storage credits will be redeemed in the State in which water will be stored and the
Secretary will release ICU A rather than deliver storage credits under an Interstate Storage
Agreement (now termed a "Storage and Interstate Release Agreement").

Response: The Department has adopted the suggestions from several State agencies, a
water district, and a water authority to describe the proposed transactions under this final rule in
terms that are clear and unambiguous. In lieu of developing and redeeming storage credits, the

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