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I I I I I I I I I I I I I I I I I I I OfHl354 Comment: Specify in ~ 414.3(a) that the water to be stored will be within the basic apportionment or the surplus apportionment of the Storing State or unused basic apportionment or unused surplus apportionment of the Consuming State. Any unused apportionment of the Consuming State may only be made available by the Secretary to the Storing State under Article I1(B)(6), Response: The Department agrees with this suggestion from several State agencies and a water district, and has modified this final rule to incorporate this change. Comment: Specify in ~ 414.3(a) the maximum quantity ofICUA that will be available for release to the consuming entity under the agreement. Response: The Department agrees with this suggestion from several State agencies, a water authority, and a water district. The Department has modified this final rule to incorporate this change. Comment: Specify in ~ 414.3(a), by January 31, the maximum quantity ofICUA that will be available for release and delivery to the consuming entity under the Interstate Storage Agreement (now termed a "Storage and Interstate Release Agreement") in that current year. Response: The Department did not accept this suggestion from a water district. The final rule leaves the determination of this detail to the Storage and Interstate Release Agreement that will be negotiated among the parties to that agreement. Further, this subject involves accounting matters that are set forth in ~ 414.4. Comment: Specify in ~ 414.3(a) that the consuming entity may not request ICUA in a quantity that exceeds the quantity of water then in storage under an Interstate Storage Agreement (now termed a "Storage and Interstate Release Agreement") in the Storing State. Several respondents suggested deleting the statement from the proposed rule that water then in storage under an Interstate Storage Agreement (now termed a "Storage and Interstate Release Agreement") may not be recovered within the same calendar year in which the water was stored off stream. Another respondent suggested retaining this statement. Response: The Department agrees with the suggestion from several State agencies, a water authority, and a water district that the Storage and Interstate Release Agreement must specify that the consuming entity may not request a quantity ofICUA in excess of the quantity of water then in storage under a Storage and Interstate Release Agreement. The quantity of water stored under a Storage and Interstate Release Agreement serves as the basis for the quantity of ICUA that may be developed under the Storage and Interstate Release Agreement. This final rule allows Colorado River entitlement holders in the Storing State the option to use the water '"' previously stored under a Storage and Interstate Release Agreement, under a direct contract with$. i'the Secretary, or under a valid subcontract with an entitlement holder authorized to enter into subcontracts. However, the final rule also allows other means consistent with Storing State law 22