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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 />UUUJ:J:J <br /> <br />Comments Concerning & 414.4 ,- ReDorting Reouirements and Accounting under StorlU!:e and <br />Interstate Release Al!feements. <br /> <br />Comment: Amend ~ 414.4 to provide more flexibility in the reporting date and to clarifY <br />the intent that water stored under an Interstate Storage Agreement (now termed "Storage and <br />Interstate Release Agreements") will be recovered and used in the State in which water will be <br />stored and it will be ICUA water rather than credits that the Secretary will release under an <br />Interstate Storage Agreement (now termed a "Storage and Interstate Release Agreement"). The <br />language should reference the Interstate Storage Agreements (now termed "Storage and <br />Interstate Release Agreements") which establish the basis for the accounting for the water to be <br />released by the Secretary for use in the Consuming State. <br /> <br />Response: The Department agrees with this suggestion from several State agencies, a <br />water authority, and a water district, and has revised this final rule to more clearly describe the <br />intent of the Storage and Interstate Release Agreements. The reporting date was made more <br />flexible by allowing the date to be agreed upon by the parties to the Storage and Interstate <br />Release Agreement and specified in the Storage and Interstate Release Agreement. To be <br />consistent with other changes made in this final rule, this provision refers to the water stored <br />under a Storage and Interstate Release Agreement as water that is available to the storing entity. <br />The Secretary will account for water stored under a Storage and Interstate Release Agreement <br />and available to support the development ofICUA The Secretary will release ICUA for use by a <br />consuming entity when the provisions of this final rule and the Storage and Interstate Release <br />Agreement have been satisfied. <br /> <br />Comment: It is not clear how the "cut to the aquifer" or losses from storage or <br />transportation are determined or if they are arbitrary or based on actual data. It is not clear <br />whether this detail is specific to a State's regulation or the Interstate Storage Agreement (now <br />termed a "Storage and Interstate Release Agreement"). <br /> <br />Response: A storing entity will determine how much stored water must remain in an <br />aquifer based on the Storing State's applicable law and/or the policy of the authorized entity. In <br />Arizona, that decision is based on State law which requires that 5 percent of water placed in <br />off stream storage remain in the ground to replenish the aquifer. The authorized entity will <br />determine, consistent with applicable State law, how much stored water can be recovered when <br />that authorized entity decreases its diversions and consumptive use of Colorado River water in the <br />future to develop ICUA that the Secretary will release for use by a consuming entity. <br /> <br />Comments Concerning & 414.5 -, Water Oualitv <br /> <br />Comment: Modify ~ 414.5(a) to clarifY that the interstate agreements referred to are <br />Interstate Storage Agreements (now termed "Storage and Interstate Release Agreements"). <br />ClarifY which water is being referred to and recognize the Secretary's responsibilities under the <br />Colorado River Basin Salinity Control Act. <br /> <br />27 <br />