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I I I I I I I I I I I I I I I I I I I OOn3D? Effects on Ground Water StorlUle Comment: Some respondents, including Indian Tribes, commented that the rule would result in a net loss in ground water over time to "indirect storage" and that this is a significant indirect effect ofthe rule but the DPEA shows no analysis of this effect. Response: The Department does not agree that actions under this final rule will result in a loss of ground water to indirect storage. The method by which Colorado River water is stored by indirect storage allows water to remain in the ground in lieu of being pumped. When Arizona is the Storing State, the development ofICUA is limited to only 95 percent of the water previously stored under a Storage and Interstate Release Agreement. Therefore, the ground water will gain by 5 percent of the water that would have been pumped anyway if it were left in the ground through in lieu storage actions. Further, although Arizona law currently does not allow the development ofICUA by any means other than pumping water that was stored under a Storage and Interstate Release Agreement, this final rule allows additional flexibility. If Arizona changes its laws or policy in the future to allow other means of developing ICUA, it is possible that such alternative means could help preserve Arizona's ground water. Finally, as stated previously, this final rule allows Colorado River entitlement holders in the Storing State the option to use the water previously stored under a Storage and Interstate Release Agreement or other means consistent with Storing State law to develop ICUA. Comment: Reclamation should clarifY how the rule fits within the regulatory framework for ground water protection in each State, as well as the federal role in ground water protection. The preamble to the proposed rule contains a statement that, "Water quality will be monitored by the Environmental Protection Agency. . ." It is not clear to what extent Reclamation expects the Environmental Protection Agency (EP A) to be involved in offstream storage authorized under the rule. Response: The Department does not anticipate a need for EP A to evaluate data collected through any offstream storage of Colorado River water. The purpose of the statement was to declare that the Department, and more specifically Reclamation, does not have the responsibility to regulate ground water quality. General Comments Comment: There were a number of editorial comments on the DPEA that suggested clarification or additional explanation on various points. Response: The Department has reviewed and considered the comments and has adopted many of the suggestions into the text of the FPEA. In addition, the previously mentioned informal consultations between Reclamation and FWS resulted in Reclamation's incorporation of numerous suggestions made by FWS into the BA and FPEA 35