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I I I I I I I I I I I I I I I I I I I 000355 to develop ICUA The Department does not agree with the suggestion from a water district to retain the requirement that water stored pursuant to a Storage and Interstate Release Agreement may not be recovered within the same year the water is stored offstream. The parties may agree to penmt the consuming entity to request and receive ICUA during the same year water is stored pursuant to a Storage and Interstate Release Agreement. Comment: Modify ~ 414.3(a) to specify that, by a date certain to be specified in the Interstate Storage Agreement (now termed a "Storage and Interstate Release Agreement"), the consuming entity will provide notice to the Lower Division States and to the Secretary of its request for a specific quantity ofICUA in the following calendar year. Response: The Department agrees with this suggestion from two State agencies and a water authority and has modified this final rule to incorporate this intent. The revised provision is now renumbered ~ 414.3(a)(7). The proposed rule will allow the parties and the Secretary to reach a mutually acceptable date for the notice in the Storage and Interstate Release Agreement. Comment: Modify ~ 414.3(a) to specify that the date when the consuming entity will provide notice to the Lower Division States and to the Secretary will be the later of (i) November 30 or (ii) within 45 days after the AOP has been transmitted to the Governors of the Colorado River Basin States. This change will allow more flexibility in case the AOP is not transmitted by the Secretary to the Governors prior to November 30, as has occurred sometimes in the past. Response: The Department did not incorporate this suggestion from a water district into this final rule. It is possible that the processes for the Secretary to send the AOP to the Governors and the Colorado River entitlement holders to complete their annual water orders may not be completed until late in the year, beyond November 30. However, the Department agrees with several respondents that the date when the authorized entity is to provide notice is better incorporated into the Storage and Interstate Release Agreement. Comment: Modify ~ 414.3(a) to clarify that a storing entity, after receiving a notice ofa request for a specific quantity ofICUA, will take actions to ensure that the Storing State's consumptive use of Colorado River water will be decreased by a quantity sufficient to develop the requested quantity ofICUA to be released for use in the Consuming State. Response: The Department agrees with this suggestion from a State agency, a water authority, and a water district and has modified this final rule to incorporate this change. The revised provision is now renumbered ~ 414.3(a)(8). Comment: Modify ~ 414.3(a) to provide that the Interstate Storage Agreement (now termed a Storage and Interstate Release Agreement) will specify which types of actions may be taken in the Storing State to develop ICUA 23