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<br />" <br /> <br />68500 <br /> <br />onr~49 <br /> <br />Federal Register I Vol. 62. No. 250 I Wednesday, December 31, 1997 I Proposed Rules <br /> <br />.- <br /> <br />(c) Stored water. The authorized <br />entity of the StOring State will account <br />for the water diverted and stored <br />. offstream under an Interstate Storage <br />. Agreement. and prior to any redemption <br />of storage credits will certify to the <br />Secretary that water associated with <br />storage credits has been stored. <br />(d) Redemption of storage credits. The <br />Secretary must be satisfied that <br />necessary actions have been taken to <br />develop intentionally created unused <br />apportionment for redemption of storage <br />credits. Once this determination has <br />been made. the Secretary will make <br />available a quantity of Colorado River <br />water to redeem those credits consistent <br />with the BCPA, Article 1I(B)(6) of the <br />Decree. and all other applicable laws. <br />Intentionally created unused <br />apportionment that is developed by the <br />authorized entity of the Storing State <br />will be made available to the authorized <br />entity of the Consuming State and will <br />not be made available to other <br />contractors or Federal entitlement <br />holders. <br />(e) Assignment. Interstate Storage <br />Agr~ements may be assigned in whole <br />or in part to authorized entities upon <br />the agreement of the parties to the <br />Interstate Storage Agreement and upon <br />the approval by the Secretary consistent <br />a with the requirements of paragraph (b) <br />. of this section. <br /> <br />1414.4 Reporting requirements and <br />accounting for storage credits. <br />Each authorized entity will annually <br />report to the Secretary. by January 31. <br />the quantity of water it diverted and <br />stored on behalf of authorized users in <br />other Lower Division States and the <br />balance of storage credits remaining in <br /> <br />.e <br /> <br />interstate storage for each entity as of <br />December 31 of the prior calendar year. <br />This water will be accounted for, in the <br />records maintained by the Secretary <br />under Article V of the Decree. as a <br />consumptive use in the Storing State for <br />the year in which it is stored. The <br />Secretary will maintain individual <br />balances of storage credits established <br />by the offstream storage of water under <br />Interstate Storage Agreements. The <br />balances will be reduced when <br />intentionally created unused <br />apportionment is developed by the <br />authorized entity in a Storing State and <br />made available for use in a Consuming <br />State. In the records maintained by the <br />Secretary under Article V of the Decree. <br />the taking of unused apportionment for <br />use in a Consuming State by an <br />authorized entity in redemption of its <br />storage credits will be accounted for as <br />consumptive use by the Consuming <br />State of unused apportionment in the <br />year the water is used. the same as with <br />any other unused apportionment taken <br />by that State. <br /> <br />1414.5 Water quality. <br />(a) No guarantee of water quality. The <br />Secretary does not warrant the quality of <br />water released or delivered under <br />interstate agreements. and the United <br />States will not be liable for damages of <br />any kind resulting from water quality <br />problems. The United States will not be <br />under any obligation to construct or <br />furnish water treatment facilities to <br />maintain or improve water quality <br />standards. <br />(b) Water quality standards. All <br />contractors or Federal entitlement <br />holders, in diverting. using. and <br />returning Colorado River water, must <br /> <br />comply With all relevant water pollution <br />laws and regulations of the United <br />States, the Storing State, and the <br />Consuming State, and must obtain all <br />applicable permits or licenses from the <br />appropriate Federal. State, or local <br />authorities regarding water quality and <br />water pollution matters. <br /> <br />1414.6 Environmental compliance. <br /> <br />(a) Ensuring environmental <br />compliance. The Secretary will ensure <br />that environmental compliance is <br />completed. The Secretary will be <br />responsible for ensuring compliance <br />with the National Environmental Policy <br />Act of 1969, as amended, and the <br />Endangered Species Act of 1973. as <br />amended. and will integrate the <br />requirements of other sfatutes. laws. and <br />executive orders as required for Federal <br />actions taken under this part. <br /> <br />(b) Responsibility for environmental <br />compliance work. AuthOrized entities <br />requesting Secretarial approval of an <br />interstate transaction pursuant to this <br />part may prepare the appropriate <br />documentation and compliance <br />document for a proposed Federal action <br />such as approving a proposed interstate <br />transaction. Such compliance <br />documents must meet the standards set <br />forth in Reclamation's National <br />Environmental Policy Act Handbook <br />before they can be adopted. All costs <br />incurred by the United States in <br />evaluating, processing, and/or <br />approving transactions entered into <br />under this part must be funded by the <br />parties that propose the transaction. <br /> <br />IFR Doc. 97-33990 Filed 12-30-97; 8:45 am) <br /> <br />BrWNG CODe 431l1-M-P <br />