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UUllJOU I I I I I I I I I I I I I I I I I I I Response: The Department agrees with these suggestions from several State agencies, a water authority, and a water district, and has modified ~ 414.5(a), This final rule clarifies that the referenced agreements are Storage and Interstate Release Agreements. In addition, the last sentence of ~ 414.5(a) was modified to qualifY that the United States has no obligation to construct or furnish water treatment facilities to maintain or improve water quality except as otherwise provided in relevant Federal law. Implementation of this final rule will not modify the Secretary's responsibilities under the Colorado River Basin Salinity Control Act ofJune 24, 1974 (88 Stat. 266). Comments Concernim! li 414.6 Environmental comDliance and fundinsz of Federal costs Comment: Modify ~ 414.6(b) to clarifY that the interstate agreements referred to are Interstate Storage Agreements (now termed "Storage and Interstate Release Agreements") and that the costs incurred by the United States in evaluating, processing, and approving an Interstate Storage Agreement (now termed a Storage and Interstate Release Agreement") will be funded by the parties to that agreement. Response: The Department agrees with these suggestions from several State agencies, a water authority, and a water district, and has modified ~ 414.6(b) to require that the authorized entities which are parties to a Storage and Interstate Release Agreement must fund the United States costs of considering, participating in, and administering that agreement. Public Comments on DPEA and Responses The following is a discussion of the comments received on the DPEA and our responses. This section includes comments on the scope of the DPEA, Secretarial discretion, adequacy of the environmental assessment, potential effects on plants and wildlife, water available for instrearn flows and habitat enhancement, concerns over deliveries to Mexico, efficiency improvements, storage alternatives, consultations, sunset clause, economic impacts of the rule, effects on ground water storage, and general comments. Scone of the DPEA Comment: The description of proposed interstate transactions in the draft programmatic environmental assessment is overly broad and the draft environmental assessment is therefore unnecessarily broad in its scope. Response: The Department recognizes, from comments on the proposed rule and DPEA, that prospective transactions are not described the way prospective authorized entities will intend them to work. Colorado River water stored offstrearn under a Storage and Interstate Release Agreement will be available for use in the Storing State. When a consuming entity requests water stored under a Storage and Interstate Release Agreement, it will receive ICUA, not storage credits. The storing entity will take actions to reduce its State's consumptive use of Colorado 28