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<br />001363 <br />AZ Dept. of Water Resources: Recent Announcem... ; <br /> <br />Page 4 of 11 <br /> <br />Comment: For the reasons discussed above, the phrase "redeeming storage credits" should be <br />deleted. <br /> <br />Proposed <br /> <br />Amendment: Consuming State means a Lower Division State where INTENTIONALLY CREATED <br />UNUSED APPORTIONMENT ';vater made availatlle by redeeming storage eredits is or will be <br />used. <br /> <br />* * * <br /> <br />... Rule Section: 9414.2 DefInition of "Intentionally Created Unused Apportionment" <br /> <br />Comment: This defInition should specify that Intentionally Created Unused Apportionment is <br />created by the Storing State using water previously stored pursuant to an Interstate Storage <br />Agreement in place of water that would otherwise be diverted by the Storing State from the Colorado <br />River. This mechanism is the only one mentioned in the proposed rule, but the proposed rule never <br />specifIes that this is the only allowable mechanism. Other mechanisms that might create <br />Intentionally Created Unused Apportionment, such as land fallowing, would require limitations and <br />details not established by the proposed rule. Also, any intimation that Intentionally Created Unused <br />Apportionment could be created through the forbearance from use of Entitlements not previously <br />exercised, which would have a detrimental impact on other entitlement holders, should be <br />eliminated. <br /> <br />Because Article II(B)(6) of the Decree is the legal authority by which Intentionally Created Unused <br />Apportionment is to be made available by the Secretary to a Consuming State in satisfaction of an <br />Interstate Storage Agreement, that provision should be cited. <br /> <br />For the reasons discussed above, the phrase "redemption of storage credits" should be deleted. <br /> <br />Proposed <br /> <br />Amendment: Intentionally created unused apportionment means unused apportionment that is <br />created solely as a result of an agreenumt within a Storing State USING WATER PREVIOUSL Y <br />STORED PURSUANT TO AN INTERSTATE STORAGE AGREEMENT IN PLACE OF WATER <br />WITHIN ITS APPORTIONMENT THAT THE STORING STATE WOULD HAVE OTHERWISE <br />DIVERTED FROM THE MAINSTREAM for the purposes of making Colorado River water <br />available for HS&-ffi a Consuming State PURSUANT TO ARTICLE II(B)(6) OF THE DECREE in <br />ACCORDANCE WITH fulfIllment of a request for redemptioB of storage 6reGits p1:H'S1:laBt tCl an <br />Interstate Storage Agreement. <br /> <br />* * * <br /> <br />... Rule Section: 9414.2 Definition of "Interstate Storage Agreement" <br /> <br />Comment: Use of the phrase "storage. . . for authorized entities in Consuming State" indicates that <br />those Authorized Entities might hold the right to use the water in storage in the Storing State. Within <br />Arizona, the right to use that water will be held by the A WBA until the right is distributed by the <br />A WBA, in order to create Intentionally Created Unused Apportionment, to Colorado River users in <br />Arizona that would otherwise divert mainstream water. This language should be clarifIed to specify <br />that an Authorized Entity in a Consuming State will not obtain water rights within the Storing State <br />under an Interstate Storage Agreement. <br /> <br />http://www.adwr.state.az.us/annclbankrule.html <br /> <br />3/12/98 <br />