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WSPC12549
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Last modified
1/26/2010 4:16:49 PM
Creation date
8/3/2007 3:36:56 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8282.752
Description
Colorado River Basin - Operations and Accounting - Offstream Storage - Lower Basin
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/21/1998
Author
Arizona Water Banking Authority
Title
Arizona Water Banking Authority - Discussion of Proposed Interstate Banking Rules - RE-Offstream Storage-Colorado River Water-Interstate Redemption of Storage Credits-Lower Division States - 01-21-98
Water Supply Pro - Doc Type
Report/Study
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<br />., '. <br /> <br />00144~ <br /> <br />II(B)(6) of the Decree to redeem storage credits. <br />(9) Indemnify the United States, its employees, agents, subcontractors, successors, or <br />assigns from loss or claim for damages and from liability to persons or property, direct or <br />indirect, and of any nature whatsoever arising by reason of the actions taken by the <br />United States in accordance with this part. <br />(10) Identify the extent to which facilities constructed or financed by the United States will be <br />used to store, convey, or distribute water associated with an Interstate Storage <br />Agreement. <br />(b) Approval by the Secretary. A request for approval of an Interstate Storage Agreement <br />should be made in writing to the Secretary. The request will be acknowledged in writing by the <br />Secretary within 10 business days of receipt. The request should include copies of the proposed <br />interstate agreement and any additional supporting data that clearly set forth the details of the <br />proposed transaction. In reviewing the proposed interstate agreement, the Secretary will <br />consider, among other relevant factors: applicable law; applicable contracts; potential effects on <br />trust resources; potential effects on water rights holders, including contractors, Federal <br />entitlement holders, Indian and non-Indian PPR holders, and other Indian tribes; potential effects <br />on third parties; environmental impacts and effects on threatened and endangered species; <br />comments from interested parties, particularly parties who may be affected by the proposed <br />action; and other relevant factors, including the direct or indirect consequences of the proposed <br />Interstate Storage Agreement on the financial interests of the United States. The Secretary will <br />respond to the request within 120 days. However, if the proposal involves significant <br />environmental compliance activities or other issues such that 120 days is an insufficient period in <br />which to respond, the Secretary will communicate this to all parties to the proposed request and <br />set out a schedule by which such work will be completed or such issues resolved. In that case, <br />the Secretary will render a decision within 90 days of completion of the environmental <br />compliance activities and resolution of other issues (if applicable). Where appropriate to <br />implement the Interstate Storage Agreement, the Secretary will contract for water deliveries <br />under Section 5 of the Boulder Canyon Project Act. <br />(c) Stored water. The authorized entity of the Storing State will account for the water <br />diverted and stored offstream under an Interstate Storage Agreement, and prior to any <br />redemption of storage credits will certify to the Secretary that water associated with storage <br />credits has been stored. <br />(d) Redemption of storage credits. The Secretary must be satisfied that necessary actions <br />have been taken to develop intentionally created unused apportionment for redemption of <br />storage credits. Once this determination has been made, the Secretary will make available a <br />quantity of Colorado River water to redeem those credits consistent with the BCP A, Article <br />II(B)(6) of the Decree, and all other applicable laws. Intentionally created unused apportionment <br />that is developed by the authorized entity of the Storing State will be made available to the <br />authorized entity of the Consuming State and will not be made available to other contractors or <br />Federal entitlement holders. <br />(e) Assignment. Interstate Storage Agreements may be assigned in whole or in part to <br />authorized entities upon the agreement of the parties to the Interstate Storage Agreement and <br />upon the approval by the Secretary consistent with the requirements of paragraph (b) of this <br /> <br />28 <br />
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