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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Lower Division States must plan to live within the apportionments made to them under the "Law
of the River."

Response: The Department agrees with this suggestion from a State Agency to clarifY
that this final rule is deemed to be within but does not expand the Secretary's authority. The
preamble to this final rule includes a section to provide further explanation of the purpose of this
part. This final rule is not intended to change or expand the Secretary's authorities under the
"Law of the River." This final rule is intended to facilitate more efficient use of unused
apportionment and surpluses within the "Law of the River" in the Lower Division States.

The Department also believes that this rule, in conjunction with the implementation of the
California 4.4 Plan and the development of surplus criteria, will provide a framework for the
Lower Division States to hold consumption within the apportionments for use within those States.

Comment: Conform this section of the rule with previous changes that delete the
reference to the term, "redemption of storage credits."

Response: The Department has adopted this change, suggested by several entities,
including State agencies, a water authority, and a water district, As discussed previously, this final
rule will provide for offstream storage of Colorado River water in a Storing State, the subsequent
development ofICUA by the storing entity for release by the Secretary to a consuming entity, and
the recovery of the stored water for use in the Storing State.

Comment: Delete the reference to Article I1(B)(6) of the Decree in the first sentence
under S 414.3(a) because the Decree does not cite a legal authority for entering into Interstate
Storage Agreements (now termed "Storage and Interstate Release Agreements").

Response: The Department agrees that "Storage and Interstate Release Agreements" are
not referenced in the Decree and has modified S 414.3(a) of the rule. However, Article I1(B)(6)
of the Decree provides authority for the Secretary to (1) make an annual detennination under this
final rule of the availability ofICUA and (2) release any such water in accordance with the terms
of a Storage and Interstate Release Agreement.

Comment: Delete the last sentence of S 414.3(a), which reads, "An Interstate Storage
Agreement (now termed an "Storage and Interstate Release Agreement") will allow a storing
entity to store unused entitlement and/or unused apportionment for the credit of an authorized
entity located in a Consuming State and will provide for the subsequent redemption of the credit."

Response: The Department agrees with this comment from a State agency and has
modified this final rule to incorporate this change.

Comment: A senior priority holder in California should not be allowed to agree to make
available unused apportionment for storage in another State without first obtaining the agreement

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