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<br />0014 3 ~ <br /> <br />during the previous year and is recoverable in future years and the number of storage credits <br />associated with that water. Under this proposed rule, the Department has assumed that storage <br />credits would be equal to the quantity of water stored less deductions and losses from storage <br />that includes losses attributable to evaporation or percolation or water required by State law to <br />remain in an aquifer. Such reports will also specify the balance of Colorado River storage credits <br />redeemed during the previous year and the balance of such credits that remain recoverable as of <br />December 31 of the previous year. This reporting requirement will not impose a burden on the <br />authorized entity of a Storing State because the authorized entity will need to maintain these <br />records for its own purposes. <br />Under the proposed rule, the United States will continue to fulfill the requirements of the <br />Decree that requires the Secretary to prepare and maintain, at least annually, complete, detailed, <br />and accurate records of diversions of water from the mainstream, return flow of such water to <br />the mainstream, and consumptive use of such water. Under the proposed rule, the water <br />diverted and stored offstream will be accounted for as consumptively used in that same year in <br />the Storing State, in accordance with Article V of the Decree. The accounting records would <br />also reflect an equivalent quantity of storage credits in the Storing State. When unused <br />apportionment is intentionally created to satisfy a reauest for deliverv of water from storaJ!e <br />credits, the authorized entity must take action to ensure that its State's consumptive use is <br />decreased by a quantity sufficient to offset the quantity of water made available as unused <br />apportionment by the Secretary and delivered for use in another Lower Division State. After the <br />authorized entity confirms in writing to the Secretary the quantity of water to be delivered for <br />use in the Consuming State and includes documentation of actions taken to intentionally create a <br />like quantity of unused apportionment, the Secretary will declare unused apportionment <br />available within the Storing State and allocate that unused apportionment to the Consuming <br />State to allow recoverY of the storaQe credits. The intentionally created unused apportionment <br />so made available to the Consuming State by the Secretary will be accounted for as <br />consumptively used when Colorado River water in the amount of the intentionally created <br />unused apportionment is released for use in the Consuming State, in accordance with Article V <br />of the Decree. <br />Under the proposed rule and in accordance with Article II(B)(6) of the Decree, the <br />Secretary may release in anyone year any Colorado River water that is apportioned for <br />consumptive use in a Lower Division State but which will be unused in that State for <br />consumptive use in another Lower Division States in that same year. The water so released for <br />consumptive use in the other Lower Division States is unused apportionment. <br />For examole. under the orooosed rule. when storaQe credits are redeemed. Colorado River <br />water that would otherwise be suoolied to a water user in a StorinQ State could be suoolied from <br />off stream storage in that State. The Storing State will reduce its Colorado River water use in <br />accordance with the approved Interstate Storage Agreement. Then the Secretary, in accordance <br />with the terms of Article II (B)(6) of the Decree, will make the Colorado River water available <br />to the Consuming State. No other Lower Division State or other user in the Storing State will <br />be able to claim the water since the Secretary is authorized under Article II (B)(6) of the Decree <br />to make such water available, and the Secretary will have agreed to implement the terms of the <br />Interstate Storage Agreement. No other Lower Division State will be eligible to receive water <br /> <br />20 <br />