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<br />oa0337 <br /> <br />on water marketing. <br /> <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 />Response: The Department agrees with the general suggestion made by a State agency <br />that "authorized entity" should be a two-part definition. This concept was supported by several <br />other State agencies and water districts. As to a Storing State, for purposes of this rule, an <br />authorized entity is defined as an entity which is expressly authorized by the laws of that State to: <br />(i) enter into Storage and Interstate Release Agreements; and (ii) develop ICUA As to a <br />Consuming State, for purposes of this rule, an authorized entity is defined as an entity which has <br />authority under the laws of that State to: (i) enter into Storage and InterSUlte Release <br />Agreements; and (ii) acquire the right to use ICUA The Department believes this two part <br />definition captures comments from several State agencies that while express authority is needed to <br />store water for use in interstate water transactions and make ICUA available, express authority is <br />not necessary for a consuming State to receive and use ICUA The Department reiterates that it <br />fully expects the Lower Division States to enact measures that will allow the Tribes to participate <br />in opportunities covered by this rule. Moreover, this final rule does not specifically address or <br />preclude independent actions by the Secretary regarding Tribal storage and water transfer <br />activities under other authorities. <br /> <br />The Department also has expanded this final rule to require that non-Federal parties to the <br />Storage and Interstate Release Agreement provide at the Secretary's request any additional <br />supporting data necessary to clearly set forth the details of the proposed transaction and the <br />eligibility of the parties to participate as State,authorized entities in the proposed transaction. <br /> <br />Comment: It is important to acknowledge that the apportionments of Colorado River <br />water are made specifically to the individual States. Therefore, it is important for the States to <br />specifically designate the authorized entities who are entitled to enter into Interstate Storage <br />Agreements (now termed "Storage and Interstate Release Agreements") to ensure use of <br />Colorado River water remains within a State's apportionment during any year. <br /> <br />Response: Apportioriments of Colorado River water are made for use within each specific <br />Lower Division State. This rule requires that the authorized entity in the Storing State be an <br />entity which is expressly authorized pursuant to the laws of that State to: (i) enter into Storage <br />and Interstate Release Agreements; and (ii) develop ICUA As to an authorized entity in a <br />Consuming State, the final rule requires that it be an entity which has authority under the laws of <br />that State to: (i) enter into Storage and Interstate Release Agreements; and (ii) acquire the right <br />to use ICUA <br /> <br />Method for Develooment ofICUA (Forbearance) <br /> <br />Comment: Several respondents commented on whether the final definition ofICUA <br />should speciJY what types of measures or actions the Secretary will approve for the development <br />ofICUA <br /> <br />5 <br />