WSP11852

• File Number: 8200.400
• Description: Colorado River Basin Briefing Documents-History-Correspondence
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 10/1/1999
• Author: DOI-BOR
• Title: Programmatic Environmental Assessment-Rulemaking-Offstream Storage Colorado River Water - Development-Release Intentionally Created Unused Apportionment - Lower Division States - Appendix H-Section I
• Water Supply Pro - Doc Type: Report/Study

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00D370

and the Secretary. These also include subcontracts between authorized entities and an entitlement
holder which has been authorized by the Secretary to enter into subcontracts for the delivery of
Colorado River water. Authorized entities which are Federal or Tribal entitlement holders
identified in Article II(D) of the Decree are not subject to the ~ 5 contract requirement in the
Decree. Section 414.3(e) also provides that the Storage and Interstate Release Agreement, to
which the Secretary is a party, can satisfY the ~ 5 requirement for the consuming entity. The
Department agrees that when existing contracts or valid subcontracts provide for delivery of
Colorado River water under this final rule, there is no need to combine these contracts with the
Storage and Interstate Release Agreement.

Comment: Another State agency and one water authority, in a joint response, believe an
additional contract, beyond the contract necessary to fulfill the requirements of ~ 5 of the BCP A,
is necessary with the Secretary for the release of water based on the development ofICUA'by a
storing entity. However, those parties do not see a need for new and additional ~ 5 contracts
beyond those that now exist.

Response: The Department modified the final rule in ~ 414.3(a) to provide that the
Secretary will be a party to Storage and Interstate Release Agreements. Sections 414.3(a)(12)
through 414.3(a)(15) provide, among other things, that the Secretary will commit in the Storage
and Interstate Release Agreement to release ICUA but only if all necessary actions are taken '
under the rule, if all laws and executive orders have been complied with, and if the Secretary has
first determined that ICUA has been developed or will be developed by a storing entity,

Comment: One State agency and two water districts commented that whether or not the
Interstate Storage Agreement (now termed a "Storage and Interstate Release Agreement") and ~
5 contract are combined is discretionary and that this should be determined by the particular
situation.

Response: The Department has modified ~ 414.3(a) to provide that the Secretary will be a
party to the Storage and Interstate Release Agreement. The Storage and Interstate Release
Agreement can serve as a water delivery contract within the meaning of ~ 5 of the BCP A The
Department recognizes in ~ 414.3(e) that, in certain circumstances, existing contracts or
subcontracts can satisfy the requirements of ~ 5 for the delivery of water under a Storage and
Interstate Release Agreement. In such circumstances, the final rule does not anticipate the need
for the execution of any further ~ 5 contracts in order to implement a Storage and Interstate
Release Agreement. Storage of water by authorized entities which hold Article II(D) of the
Decree entitlements will not be subject to a ~ 5 contract requirement.

Comment: One water district suggested that while there is no legal requirement for the
Interstate Storage Agreement (now termed a "Storage and Interstate Release Agreement") and ~
5 contract to be combined, it was suggested that such an action would have the effect of making
the Secretary a party to the Interstate Storage Agreement (now termed a "Storage and Interstate
Release Agreement"). It was asserted that making the Secretary party to the Interstate Storage

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