WSP12614

• File Number: 8282.752
• Description: Colorado River Basin - Operations and Accounting - Offstream Storage - Lower Basin
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 12/31/1997
• Author: Federal Register
• Title: Federal Register - 43 CFR Part 414 - RE-Offstream Storage of Colorado River Water and Interstate Redemption of Storage Credits in the Lower Division States - Proposed Rule - 12-31-97
• Water Supply Pro - Doc Type: Publication

00l~48

Federal Register / Vol. 62, No. 250 / Wednesday, December 31, 1997 / Proposed Rules

68499

or more Lower Division States and may
include other entities that are
.~' determined to be appropriate to the
performance and enforcement of the
. agreement under Federal law and the
respective laws of the Storing State and
the Consuming State.
Lower Division States means the
States of Arizona. California, and
Nevada.
Mainstream means the main channel
of the Colorado River downstream from
Lee Ferry within the United States.
including the reservoirs behind dams on
the main channel, and Senator Wash
Reservoir off the main channel.
Offstream storage means storage in a
surface reservoir off of the mainstream
or in a groundwater aquifer. Offstream
storage also includes indirect recharge
when mainstream water is exchanged
for groundwater that otherwise would
be pumped and consumed.
Present perfected right or PPR means
perfected rights defined by the Decree,
existing as of June 25, 1929, the effective
date of the Boulder Canyon Project Act
(45 Stat. 1057,43 U.S.C. 617) (BCPA).
All present perfected rights are listed in
the supplemental decrees entered
January 9, 1979, and April 16, 1984. by
the United States Supreme Court in
Arizona v. California. et aI., as amended
A or supplemented.
.. Secretary means the Secretary of the
Interior or an authorized representative.
Storage Credit refers to an accounting
device to reflect a quantity of Colorado
River water that is stored offstream.
Storing State means a Lower Division
State in which water is stored off the
mainstream.
Surplus apportionment means the
Colorado River water apportioned to
each Lower Division State when
sufficient water is available for release,
as determined by the Secretary, to
satisfy in excess of 7.5 maf of annual
consumptive use in the Lower Division
States.
Unused apportionment means
Colorado River water within a Lower
Division State's basic or surplus
apportionment, or both, which is not
put to beneficial-consumptive use
during that year within that State.
Unused entitlement means any
Colorado River water that is made
available to but not scheduled and used
by an entitlement holder during the year
for which it is made available.

5414.3 Interstate storage agreements and
redemption of storage credits.
a (a) Interstate storage agreements. In
.. accordance with Article II (B) (6) of the
Decree. authorized entities of two or
more Lower Division States may enter
into Interstate Storage Agreements

subject to the approval of the Secretary
in accordance with paragraph (b) of this
section. An Interstate Storage
Agreement will allow an authorized
entity in a Storing State to store unused
entitlement and/or unused
apportionment for the credit of an
authOrized entity located in a
Consuming State and will provide for
the subsequent redemption of the credit.
Such an agreement must:
(I) Specify the quantity of Colorado
River water to be stored, by which
authorized entity it"WilI be stored, the
Lower Division State in which it is to be
stored, and the storage facility(ies) in
which it will be stored.
(2) Specify whether the water to be
stored will be basic apportionment from
the Storing State or unused basic
apportionment or unused surplus
apportionment of the Consuming State.
If it is to be unused apportionment. it
may only be made available from the
Consuming State and the agreement
must so specify.
(3) Specify the quantity of storage
credits associated with water stored
off stream that .vill be available to the
authorized entity in the Consuming
State at the time water is actually stored
under the agreement.
(4) Specify that accumulated storage
credits may not be redeemed within the
same calendar year in which the water
that generated those credits was stored
offstream.
(5) Specify that the authorized entity
in the Consuming State will provide
notice to the Lower Division States and
to the Secretary no later than November
30 of its intention to request delivery of
a specific quantity of Colorado River
water by redeeming accumulated
storage credits in the following calendar
year.
(6) Specify that the authorized entity
of a Storing State. after receiving a
notice of intention to redeem offstream
storage credits, will take actions to
ensure that the Storing State's
consumptive use of Colorado River
water will be decreased by a quantity
sufficient to develop intentionally
created unused apportionment to offset
the delivery of Colorado River water for
use in the Consuming State in
fulfillment of the storage credits.
(7) Specify which actions the
authorized entity will take to develop
intentionally created unused
apeortionment.
(8) Specify that the authorized entity
of the Storing State must certify to the
Secretary that intentionally created
unused apportionment has been
developed that would not otherwise
exist and that the authorized entity will
request the Secretary to make available

that quantity of Colorado River water for
use in the Consuming State pursuant to
Article II (B) (6) of the Decree to redeem
storage credits.
(9) Indemnify the United States. its
employees, agents. subcontractors,
successors, or assigns from loss or claim
for damages and from liability to
persons or property. direct or indirect.
and of any nature whatsoever arising by
reason of the actions taken by the
United States in accordance with this
part.
(IO) Identify the extent to which
facilities constructed or financed by the
United States will be used to store.
convey. or distribute water associated
with an Interstate Storage Agreement.
(b) Approval by the Secretary. A
request for approval of an Interstate
Storage Agreement should be made in
writing to the Secretary. The request
will be acknowledged in writing by the
Secretary within 10 business days of
receipt. The request should include
copies of the proposed interstate
agreement and any additional
supporting data that clearly set forth the
details of the proposed transaction. In
reviewing the proposed interstate
agreement, the Secretary will consider,
among other relevant factors: applicable
law; applicable contracts; potential
effects on trust resources; potential
effects on water rights holders,
including contractors. Federal
entitlement holders, Indian and non-
Indian PPR holders, and other Indian
tribes; potential effects on third parties;
environmental impacts and effects on
threatened and endangered species;
comments from interested parties.
particularly parties who may be affected
by the proposed action; and other
relevant factors, including the direct or
indirect consequences of the proposed
Interstate Storage Agreement on the
financial interests of the United States.
The Secretary will respond to the
request within 120 days. However, if the
proposal involves significant
environmental compliance activities or
other issues such that 120 days is an
insufficient period in which to respond.
the Secretary will communicate this to
all parties to the proposed request and
set out a schedule by which such work
will be completed or such issues
resolved. In that case. the Secretary will
render a decision within 90 days of
completion of the environmental
compliance activities and resolution of
other issues (if applicable). Where
appropriate to implement the Interstate
Storage Agreement. the Secretary will
contract for water deliveries under
Section 5 of the Boulder Canyon Project
Act.