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<br />. <br /> <br />. <br /> <br />Regional Director to approve an exchange with or temporary sale to <br />another Lower Basin States water user within the same State. Requests <br />for exchanges or temporary sales of water, including those by Federal <br />establishments, must be approved in writing by the Regional Director. <br />In considering requests for exchanges or temporary sales, the Regional <br />Director shall consider, among other relevant factors: (i) potential <br />impacts on other water users, (ii) applicable law which may facilitate <br />or constrain such exchanges or temporary sales, (iii) applicable <br />Departmental, Recl~ation, or other Federal regulations, policies, or <br />guidelines in effect at the time of the review, and (iv) appropriate <br />input from authorities of the State involved in the proposed exchange or <br />temporary sale. The parties involved in an exchange or temporary sale <br />shall provide all information that the Regional Director determines to <br />be necessary to evaluate the proposed transaction. A proposed exchange <br />or temporary sale of water associated with a PPR not covered by a <br />contract with the Regional Director shall not be considered by the <br />Regional Director unless the execution of a contract is included as part <br />of the transaction. <br /> <br />(b) Exchanaes and temoorarv sales based unon historical <br />consumctive use. The maximum amount of water that may be approved for <br />exchange or temporary sale shall be based upon the average beneficial <br />consumptive use for the previous 5 years. Average beneficial <br />consumptive use shall be determined by the Regional Director, utilizing <br />input from the parties to the exchange or temporary sale and State <br />authorities, and the decision of the Regional Director shall be final. <br />The purchaser in a sale transaction and the parties to an exchange must <br />meet the test of beneficial use as outlined in S 415.6. <br /> <br />(C) Mitiaation or comnensation for third-carty imcacts. <br />Exchanges or temporary sales will not be approved un~ss the purchaser <br /> <br />rS56 <br /> <br />25 <br />