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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0003'5 j,

Comment: Delete the term "storage credit" from the proposed rule as it lacks clarity.

Response: The Department has adopted this change, suggested by several entities,
including State agencies, a water authority, and a water district.

Comment: ModifY the definition of "Storing State" to clarify that water stored offstream
under an Interstate Storage Agreement (now termed a "Storage and Interstate Release
Agreement") will be used in the Storing State in place of water within the Storing State's
apportiomnent that the Storing State otherwise would have diverted from the mainstream.

Response: The Department has modified the definition of Interstate Storage Agreement
and renamed it "Storage and Interstate Release Agreement" in this fina1 rule. The modified
definition reflects that water stored offstream under a Storage and Interstate Release Agreement
will be used in the Storing State.

Comment: Delete the definition of "unused apportiomnent" and in its place, insert
definitions for "unused basic apportiomnent" and "unused surplus apportiomnent." The intent of
the suggestion is to clarify that, with the determination of a water supply condition by the
Secretary, a State is receiving either a normal, surplus, or shortage apportiomnent. Also, revise
the definition to clarify that to be unused, the water otherwise would not have been diverted and
that water conserved or saved through an agreement between two entitlement holders is eligible
for storage.

Response: The Department did not adopt these changes that were suggested by a water
district. The AOP determines whether a State is receiving a normal, surplus, or shortage
apportiomnent, and that decision is unaffected by this rule. Also, only water that has been offered
to all entitlement holders in the applicable State's priority system for purposes other than
storage for use in interstate transactions is eligible for storage for use in interstate transactions
under this rule.

Comment: Delete the term "unused entitlement" from the proposed rule.

Response: The Department has adopted this change, suggested by several entities,
including State agencies and a water district.

Comments Concerning & 414.3 ,- StorlllZe and Interstate Release Agreements and RedemDtion of
Storae:e Credits.

Comment: As discussed earlier under ''Purpose,'' there should be a statement that the
actions contemplated under this rule are within the Secretary's authority under the Law of the
River and that it is not the intent of this rule to change or expand the Secretary's authorities. This
narrative should also emphasize an intent to provide for more efficient use of unused
apportiomnent and surpluses within the "Law of the River" but specify that water users in the

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