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<br />AZ Dept. of Water Resources: Recent Announce~.913 65 <br /> <br />Page 6 of 11 <br /> <br />Comment: This term is used in the proposed rule only in 9 414.3(a). As is discussed below in the <br />Comment on that section, reference to "Unused Entitlement" is inappropriate in that section and <br />should be deleted. Therefore, this term need not be defined. <br /> <br />Proposed <br /> <br />Amendment: []l'lusea el'ltiUem8l'lt means any Colorado River water that is made available to but not <br />scheduled and used by an entitlement holder during the year for which it is made available. <br /> <br />* * * <br /> <br />..... Rule Section: 9414.3(a) <br /> <br />Comment: The citation to Article II(B)(6) of the Decree as legal authority for entering into Interstate <br />Storage Agreements is inappropriate. That Article should be cited in this section but in support of the <br />proposition that Intentionally Created Unused Apportionment may be made available by the <br />Secretary to an Authorized Entity in a Consuming State in accordance with an Interstate Storage <br />Agreement. <br /> <br />The type of interstate transaction that is of interest to the A WBA, in which the A WBA would likely <br />participate and which should be the subject of the proposed rule are those in which the Lower <br />Division States are allowed to make fuller use of their apportionments of Lower Colorado River <br />water within the language of the Decree. Because those apportionments are held by the three States, <br />only entities specifically authorized by those States should be allowed to participate in these <br />interstate transactions, and only to the extent authorized by each State and in accordance with the <br />Decree. There is nothing in the Decree that would allow an individual entitlement holder to store <br />"unused entitlement" "for the credit of an authorized entity in a Consuming State," and the A WBA <br />would not participate in a program that allowed for such an event. Therefore, reference to "unused <br />entitlement" should be stricken. <br /> <br />For the reasons discussed above, the phrases "for the credit" and "subsequent redemption ofthe <br />credit" should be deleted. Further, although the A WBA proposes deleting reference to the term <br />"Storage Credit" completely from the proposed rule, if this proposal is not accepted, in this section <br />the defined term "Storage Credit" should be used in place of the undefined term "credit." <br /> <br />Proposed <br /> <br />Amendment: Sec. 414.3 Interstate storage agreements and redempti0B 0f storage eredits. <br /> <br />(a) Interstate storage agreements. IN aeeordanoe ,vith J'Jtiele II(B)(~) of the Deoree, aAuthorized <br />entities of two or more Lower Division States may enter into Interstate Storage Agreements subject <br />to the approval of the Secretary in accordance with paragraph (b) of this section. An Interstate <br />Storage Agreement will PROVIDE FOR allew an authorized entity in a Storing State to store lHl1:lsed <br />entitlemeNt aRl:!/or unused apportionment IN THE STORING STATE FOR FUTURE USE IN <br />PLACE OF WATER WITHIN ITS APPORTIONMENT THAT THE STORING STATE WOULD <br />HAVE OTHERWISE DIVERTED FROM THE MAINSTREAM, THUS CREATING <br />INTENTIONALLY CREATED UNUSED APPORTIONMENT THAT SHALL BE MADE <br />AVAILABLE BY THE SECRETARY, IN ACCORDANCE WITH ARTICLE II(B)(6) OF THE <br />DECREE, TO AN AUTHORIZED ENTITY IN A CONSUMING STATE for the eredit 0f all <br />aatlwrized entity loeated in a CONSUfIliBg State and ,<,rill pr0vide f{)r the slibsequent reaempti0fl of the <br />ereffit. Such an agreement must: <br /> <br />* * * <br /> <br />http://www.adwr.state.az.us/annc/bankrule.html <br /> <br />3/12/98 <br />