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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 />000357 <br /> <br />regional cooperation. The open nature of these water schedules will help ensure that an initial <br />water order is legitimate and that it is not intentionally increased in order that a Storing entity <br />could get credit for ICUA without taking the actions necessary to develop that ICUA <br /> <br />Comment: Modify ~ 414.3(a) to include a requirement for the storing entity to provide <br />evidence that the stored water has not migrated out of the State, out of the United States, to a <br />saline sink, or returned to the mainstream. <br /> <br />Response: The Department does not agree with the comment from a water district that <br />this provision is necessary in this final rule. The Department will require full environmental <br />compliance on all Storage and Interstate Release Agreements and will consider the potential <br />migration of ground water storage when evaluating the effects of storage on the environment and <br />trust resources. <br /> <br />Comment: Modify ~ 414.3(a) to clarify that the parties to the Interstate Storage <br />Agreement (now termed a "Storage and Interstate Release Agreement") other than the United <br />States will indemnifY the United States from actions taken by parties to the agreement other than <br />the United States, not for the broader actions of the United States. <br /> <br />Response: The Department agrees that the United States is covered by the Federal Tort <br />Claims Act and other laws and has revised this paragraph, now designated ~ 414.3(a)(16), to <br />incorporate this comment by a water district and an irrigation district. <br /> <br />Comment: The Department should protect the water in Indian Tribes' ground water <br />basins by not allowing the storage or recovery of water from ground water basins that are <br />hydraulically connected to the Tribes' ground water basins. <br /> <br />Response: The Department acknowledges its obligation to protect Tribal resources. <br />Section 414.3 (b) provides that the Secretary will consider potential effects on trust resources and <br />" <br />entitlement holders, which include Indian Tribes with rights to the use of Colorado River waterJin <br />considering, participating in, and 'administering a, Storage and Interstate Release Agreement. <br /> <br />Comment: Modify the following elements of ~ 414.3(b), now renumbered ~ 414.3(c), to <br />require the Secretary to notify the public of a request to approve an Interstate Storage Agreement <br />(now termed a "Storage and Interstate Release Agreement"), provide a more definitive time for <br />the Secretary to respond to the request, provide for execution of necessary contracts to authorize <br />the diversion and use of Colorado River water, and provide an appeals process. <br /> <br />Response: The Department has modified the final rule to provide in ~ 414.3 (a) thatthe <br />Secretary will be a party to a Storage and Interstate Release Agreement. The Department <br />modified ~ 414.3 (c) to specify that the Regional Director for the Bureau of Reclamation' sLower <br />Colorado Region (Regional Director) shall have the authority to negotiate, execute, and <br />administer a Storage and Interstate Release Agreement on behalf of the Secretary. The final rule <br /> <br />25 <br />