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<br />002235 <br /> <br />to the Six States. These parameters are consistent with and based upon the principles descn'bed in <br />the paper issued by the Six States on October 20, 1998 titled Background and Principles for <br />Negotiation - Special Interim Criteria for Releases of Water from Lake Mead During <br />Implementation of the California 4.4 Plan. <br /> <br />II. Consistencv with the Law of the River <br />It goes without saying that any interim operating criteria implemented to assist California <br />in its program to eliminate its dependence on Colorado River water above its basic apportionment <br />must be consistent with the Law of the River. Of particular importance in developing the interim <br />criteria will be the apportionment system decreed by the United States Supreme Court under <br />which water diverted into any of the three Lower Division States must fit within one of three <br />categories: <br />1.) The water diverted is within that state's basic apportionment. Article II(B)(l) of <br />the Decree, 374 U.S. 340 (1964). <br />2.) The water diverted is water that has been declared by the Secretary of the Interior <br />as surplus water available above the 7.5 maf basic apportionment available to the Lower Division <br />States. It must also be recognized that, of any amount declared to be available as surplus, only <br />50% of that amount is available to California, unless Arizona or Nevada choose not to divert and <br />use the 46% and 4% of the surplus amount that is available to those states, respectively. Article <br /> <br />II(B)(2). <br />3.) <br /> <br />The water diverted is water that was available to one of the other Lower Division <br /> <br />States in accordance with a) or b), above, but was unused by that state. Article IT(B)(6). <br /> <br />m. Other Policy Considerations <br />In addition to the need for the interim reservoir operating criteria to be consistent with the <br />existing Law of the River, the Six States assert that, as a matter of fa?rness to all Colorado River <br />Basin States, the process of developing and promulgating interim criteria shall be consistent with <br />the fo1l9wing principles: <br /> <br />2 <br />