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Last modified
1/26/2010 3:19:06 PM
Creation date
10/12/2006 5:13:53 AM
Metadata
Fields
Template:
Water Supply Protection
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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<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 />000358 <br /> <br />three State agencies, three water districts, one water authority, one water users association, and <br />three environmental organizations. We reviewed and analyzed all comments and revised the final <br />rule based on these comments. Please refer to that discussion. <br /> <br />Comment: ModifY the rule to include the definitions for "Colorado River Basin" and <br />"Colorado River System" as defined and used in the Colorado River Compact. <br /> <br />Response: The Department has adopted these suggestions from a State agency and <br />included these definitions in this final rule, <br /> <br />Comment: ModifY the definition of "Consuming State" to clarifY that this means the State <br />where ICUA is or will be used. <br /> <br />Response: This suggestion from several entities, including State agencies, was adopted to <br />clarifY the actual way the proposed water transactions will work. <br /> <br />Comment: The narrative in the preamble for the proposed rule incorrectly attributed the <br />definition of "consumptive use" to the Colorado River Compact of November 24, 1922. <br /> <br />Response: The Department agrees with several State agencies, a water authority, and a <br />water district that the definition was incorrectly attributed to the Compact. As the respondents <br />explained, the term "consumptive use" is defined by Articles I(A) and I(C) of the Decree. <br /> <br />Comment: ModifY the definition of "Interstate Storage Agreement" (now termed a <br />"Storage and Interstate Release Agreement") to delete reference to "redemption of storage <br />credits" and make other changes consistent with the incorporation of changes to other definitions, <br /> <br />Response: The Department agrees with the suggestions from several entities, including <br />State agencies, that the definition should emphasize that the Storage and Interstate Release <br />Agreement provides terms for offstream storage of Colorado River water by a storing entity, the <br />subsequent development ofIcuA by the Storing State consistent with the laws of the Storing <br />State, a request by the storing entity to the Secretary to release ICUA to the consuming entity, <br />and the release ofICUA by the Secretary to the consuming entity, <br /> <br />Comment: The definition for "Interstate Storage Agreement" (now termed a "Storage <br />and Interstate Release Agreement") in the proposed rule states that the agreement may include <br />other entities determined to be appropriate to the performance and enforcement of the agreement <br />without indicating who those entities might be or who makes the determination that their inclusion <br />is appropriate. <br /> <br />Response: This final rule has been revised to clarifY that the decision to include other <br />entities will be determined by the consuming and storing entities and the Secretary during the <br />negotiation of a Storage and Interstate Release Agreement. <br /> <br />18 <br />
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