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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OQ0353

of California's junior priority holders.

Response: Under this rule, only water that is unused by all entitlement holders in the
applicable State's priority system is eligible for storage by an authorized entity for use in an
interstate transaction.

Comment: One respondent noted that its contract with the Secretary allows it to request
Reclamation to approve an exchange, lease, or transfer ofits water entitlement. The respondent
further stated its intent to pursue interstate marketing opportunities and position its Colorado
River water supply as an unused apportionment which may be released annually for use in the
other Lower Division States under the Decree.

Response: The Department recognizes that the entitlement holder's contract allows it to
request approval: of an exchange, lease, or transfer and notes that any change in the place of use
or type of use of the entitlement is subject to the Secretary's approval. The development of
ICUA under a Storage and Interstate Release Agreement may involve the exchange, lease, or
transfer of Colorado River water pursuant to an individual entitlement holder's contract, Any
such exchange, lease, or transfer would be subject to Secretarial approval unless the entitlement
holder's contract specifies otherwise. Moreover, to participate under this rule as an authorized
entity in a Storing State, that entity ,must be expressly authorized under State law.

Comment: The rule should be modified to allow authorized entities in California and
Nevada to have equal access to store that portion of Arizona's Colorado River apportionment
that is not otherwise put to use by entitlement holders within Arizona. Also, authorized entities in
California and Nevada should have equal access to the quantity ofICUA that Arizona will make
available to consuming entities when those entities request it.

Response: The Department recognizes these concerns expressed by a State agency and a
water district but does not believe it is appropriate to establish an allocation method in this rule,
Storage and Interstate Release Agreements are voluntary interstate water transactions. The
Secretary will not require authorized entities of one State to enter into Storage and Interstate
Release Agreements with authorized entities in another State. The Department encourages each
storing entity to consider the needs of all consuming entities under prospective Storage and
Interstate Release Agreements.

Comment: Modify ~ 414.3(a) to allow a more general description of the entities by which
Colorado River water will be stored and the storage facilities in which it will be stored.

Response: The Department did not accept this recommendation. It is necessary to clearly
identify the actual entity that will store Colorado River water under the Storage and Interstate
Release Agreement and the facility where it will be stored so that a thorough review of the
impacts of the storage on environmental and trust resources can be performed.

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