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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />ll1l0 34 '1 <br /> <br />Department has changed this final rule to reflect that the Secretary will release ICUA to <br />consuming entities under Storage and Interstate Release Agreements. <br /> <br />Comment: Because the Secretary's approval of Interstate Storage Agreements (now <br />termed "Storage and Interstate Release Agreements") could delay approvals, the Secretary's <br />authority for the Department's responsibilities that are set forth in the rule should be delegated to <br />Reclamation, subject to the right to appeal the Regional Director's decisions through the <br />Department. <br /> <br />Response: Under the final rule, the Secretary will not approve the Storage and Interstate <br />Release Agreement but will instead be a party to the agreement. The final rule provides that the <br />Regional Director for the Bureau of Reclamation's Lower Colorado Region (Regional Director) <br />shall have the authority to develop, negotiate, and execute a Storage and Interstate Release <br />Agreement on behalf of the Secretary. <br /> <br />Comment: The rule should use precise tenninology that cannot be interpreted in ways that <br />are contrary to existing law. The rule should contain a narrative that states the actions <br />contemplated under this rule are deemed within the authority of the Secretary under the Law of ' <br />the River and that the rule does not change or expand the Secretary's authorities. This narrative <br />should emphasize the intent of the rule is to provide for more efficient use of unused <br />apportionment and surpluses within the ''Law of the River." <br /> <br />Response: The Department revised this final rule in several places to clarify the intent. In <br />addition, the Department agrees with the suggestion from several State agencies and clarified the <br />final rule to state that it does not change or expand the Secretary's authority under the Law of the <br />River. This final rule only formalizes the existing authority of the Secretary to develop, negotiate, <br />and execute Storage and Interstate Release Agreements and does not expand or create this <br />authority. As stated in the preamble to the proposed rule that was published on December 31, <br />1997, this final rule will increase the efficiency, flexibility, and certainty in Colorado River <br />management. <br /> <br />Comments Concerninl!: & 414.2 -, Definitions <br /> <br />Comment: As discussed above in the discussion'of general issues, the most frequently <br />mentioned comment was regarding the definition for the term "authorized entity." <br /> <br />Response: As discussed previously under general issues, the Department has changed the <br />definition of "authorized entity" to consist of two parts, with different definitions for Consuming <br />States and Storing States. Please refer to that discussion. As a result of receiving differing <br />comments on the definition of authorized entity and several other technical matters, the <br />Department reopened the comment period for a 30,day period. The Department requested <br />interested parties to provide comments on three specific questions. The Department received 10 <br />letters from 11 respondents during the reopene!i comment period. The respondents included <br /> <br />17 <br />