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<br />I <br />.. . <br /> <br />002237 <br /> <br />unfair to Arizona and Nevada to adopt interim criteria without developing in parallel an <br />understanding of how shortages on the river will be managed. The existence of water shortage <br />management criteria is essential if those states are to adequately analyze the increased risks they <br />would face from the interim surplus criteria. <br />5.) The United States and the Colorado River Basin States must commit to ongoing <br />studies and analysis to examine whether the interim surplus operating criteria are causing an <br />increased risk of water shortages to Arizona and Nevada. In this process, all parties must reach a <br />mutual understanding of how increased risk will be measured. <br />6.) California must agree to mitigate any increased risk of shortage to Arizona and <br />Nevada. That mitigation might be accomplished through several techniques including a waiver by <br />California of the shortage protection it is afforded by 43 U.S. C. ~ 1521 (b )or, by California <br />agreeing to store in Arizona through the excess capacity available to the Arizona Water Banking <br />Authority, water that could be used to compensate Arizona and Nevada for any increased water <br />shortages they suffer due to the interim operating criteria. Impacts of this interim criteria on the <br />Upper Basin States would be minimized by measures such as the establishment of interim 602 <br />(a) storage criteria or through other mutually agreed-upon measures. <br />7.) Interim operating criteria provisions that would provide extra municipal and <br />industrial water for California during that state's reduction in water use transition period must be <br />designed to provide only that amount of water that is needed by California M&I users after other <br />sources currently available to the state have been used. <br />The Metropolitan Water District of Southern California ("MWD") holds California <br />priority 4 and 5 rights under the Seven Party Agreement to a total of 1.212 maf. The Six States <br />believe that if this volume of water can be provided, the California 4.4 Plan's goal of keeping <br />MWD's Colorado River Aqueduct "essentially full" will be satisfied. <br />The Six States believe that the volume of surplus water to tie made available to MWD <br />must first take into account water unused by higher priority users within California. The Draft 4.4 <br />Plan sets forth a schedule which phases down California's overall de~and for water as <br />conservation measures are being implemented. What the Draft 4.4 Plan does not indicate is the <br />amount of unused water that may be available from more senior water uses (present perfected <br /> <br />4 <br />