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<br />. . <br /> <br />(5) In Arizona and Nevada, water will be assigned among <br />water users in consultation with the appropriate State authority. <br /> <br />(b) Surolus water. Surplus water will be made available from <br />time to time when the Secretary determines that sufficient mainstream <br />water is available for release to satisfy annual consumptive use in <br />excess of 7.5 maf. Allocation of surplus water among the three Lower <br />Basin States will be accomplished in accordance with Article II(B)(2) of <br />the Decree, which provides that water available for annual consumptive <br />use in excess of 7.5 maf shall be apportioned as follows: 50 percent <br />for use in California, 46 percent for use in Arizona, and 4 percent far <br />use in Nevada. In years when the amount of surplus water available for <br />reasonable beneficial use is insufficient to meet all demands, the water <br />will be allocated among the users according to the principles outlined <br />in paragraph (a) of this section. <br /> <br />(e) ~. Colorado River water which cannot be put to <br />beneficial consumptive use by the means listed in S 4l5.l3(f)(1), <br />including but not limited to water ordered but not diverted, is "waste." <br />Use of waste normally shall not be charged against any State's <br />apportionment or any entity's entitlement to Colorado River water. <br />However, the Regional Director has t~e discretion to charge waste <br />against the entitlement of an entity that habitually causes water to be <br />wasted. <br /> <br />S 415.12 Water delivery and measurement. <br /> <br />(a) ADcroval of diversion and return Doints. <br /> <br />The place and <br /> <br />method for diversion from and return of surface water to the Colorado <br />River are subject to approval by the Regional Director. Approval shall <br />be based upon information submitted in ac~ordance with S 4l5.8(b). The <br /> <br />31 <br /> <br />TT.~ ~:-, <br />