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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Response: This final rule does not apply to intrastate transactions. This final rule applies
only to interstate transactions. As explained in more detail below, the Department believes that
Storage and Interstate Release Agreements under this final rule can be implemented in a manner
that will provide opportunities for Tribes to benefit.

Comment: Several Tribes commented that they have been unable to fully benefit from
their water rights because of the Federal government's failure to provide the Tribes with the
necessary financial, technical, and political assistance to fully develop their water resources,

Response: The Department acknowledges this concern and recognizes that a number of
Tribes have been unable to use their entitlement due to the lack of distribution and delivery
systems. The Department is committed to making progress to help Tribes make better use of
their water rights. For example, a Central Arizona Project (CAP) distribution system has been
built for the Ale,Chin Tribe. A distribution system for the Fort McDowell Tribe is under
construction and the Department has entered into a repayment contract with the Gila River Indian
Community for construction of a CAP distribution system. Five of the ten Indian Tribes with
contracts for delivery of CAP water have utilized their statutory right to lease or transfer water.
More specifically, the Ale Chin, Fort McDowell, Tohono O'odham, Salt River, and Yavapai
Prescott Tribes have leased or transferred CAP water.

Comment: Indian Tribes should receive compensation for their unused or undeveloped
Tribal water resources because of the Federal government's failure to provide the Tribes with the
necessary assistance to fully develop their water resources.

Response: The issue of compensating the Tribes in connection with the development of
Tribal water rights is beyond the scope of this rule.

Comment: The Department should permit Tribal governments to market their Central
'Arizona Project allocations on the same basis as the State. Central Arizona Water Conservation
District's (CAWCD) non-Indian subcontractors have the capability to take direct delivery of CAP
water but have not taken delivery of substantial quantities, primarily for economic reasons. Tribes
with CAP allocations, with the exception of the Ale-Chin Indian Community, are not able to take
delivery or put to use any substantial quantity of CAP water because the distribution and delivery
systems that are needed to allow the Tribes to put this water to use have not been constructed,

Response: The Department reiterates that it fully expects the Lower Division States to
enact measures and take actions that will allow the Tribes to participate in opportunities covered
by this rule. One such example of Tribal participation in a Storage and Interstate Release
Agreement would be affording Tribes the opportunity to develop underground storage facilities
where Colorado River water could be stored. For example, the Department notes that the State of
Arizona is exploring the use of facilities on Tribal lands for storage of Colorado River water.
Thus, Tribes could participate by leasing the use of these facilities to the storing entity.
Moreover, this final rule does not specifically address or preclude independent actions by the

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