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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />000358 <br /> <br />Response: The Department agrees with this suggestion from a State agency, a water <br />authority, and a water district and has modified this final rule to incorporate this change, The <br />modified rule also requires the storing entity to specifY the means by which the development of <br />the ICUA will be enforceable by the storing entity. The revised provision is now renumbered ~ <br />414.3(a)(9). <br /> <br />Comment: The rule should be modified to specifY that an Interstate Storage Agreement <br />(now termed a "Storage and Interstate Release Agreement") will require the storing entity to <br />certify that ICUA is developed that otherwise would not exist and to specifY the quantity, the <br />means, and the entity by which the unused apportionment will be developed. <br /> <br />Response: The Department agrees with this suggestion by a State agency, a water <br />authority, and a water district and has modified and renumbered this provision ~ 414.3(a)(lO) to <br />incorporate this change into this final rule. The Department does not agree with the comment <br />from a State agency that it is necessary to specify the procedure by which certification is provided <br />to the Secretary. However, the Secretary and the authorized entities may specify the certification <br />procedure in the Storage and Interstate Release Agreement if they so choose. <br /> <br />Comment: The rule should provide guidance as to how the development ofICUA will be <br />verified. <br /> <br />Response: The Department agrees with the suggestion from a State agency and a water <br />authority that this final rule should require a Storage and Interstate Release Agreement to specifY <br />a procedure for verification of the ICUA appropriate to the manner in which it is developed. This <br />final rule has been modified to incorporate this requirement into a new ~ 414.3(a)(11). In <br />addition, a new ~ 414.3(a)(6) was included in this final rule to require the Storage and Interstate <br />Release Agreement to specify a procedure for verification of the quantity of water stored in the <br />Storing State under a Storage and Interstate Release Agreement. Further, ~ 414.3(a)(lO) <br />specifies that the storing entity must certify to the Secretary that ICUA has been or will be <br />developed that would not otherwise exist. The Secretary may use independent means to verify <br />the existence ofICUA. <br /> <br />Comment: The Secretary should review the water orders and release the AOP before <br />actions are taken to develop or release ICUA. <br /> <br />Response: The Department does not agree with this suggestion from a State agency. The <br />respondent raised a concern that this final rule might allow a storing entity to increase its water <br />order to include the quantity of requested ICUA. The authorized entity could then decrease its <br />order, pump ground water or release surface water that it otherwisll would have used anyway, <br />claim credit for developing ICUA, and receive payment for actions it would not have taken. The <br />Department does not believe it is necessary for the consuming entity to postpone its request for <br />ICUA until after the annual water orders and the AOP are completed. The Department believes <br />that information on water orders should be shared openly and up front in the interest of better <br /> <br />24 <br />