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<br />T 11-_12 UPPER COLORADO RJ:VER COMM <br />OCT-16-98 FR... <br /> <br />P _ 19 <br /> <br />OOJ241 <br /> <br />Six State Proposal <br />Straw Man Draft <br />October 13, 1998 <br /> <br />for the Central Arizona Project to reduce diversions by 500,000 acre feet because a shortage had <br /> <br />been declared. <br /> <br />In spite of these significant concerns, the Six States do 'recognize that there may be <br /> <br />occasions when ioadvertent overruns will occur. Due to the fact that the annual entitlement of a <br /> <br />junior priority district is dependent on the actual use by a senior priority user, there may be <br /> <br />occasions when a district will unintentionally order water only to find out later that it had <br /> <br />exceeded it's contract entitlement. This matter is further compounded in the Lower Basin <br /> <br />because the state's apportionment is for consumptive use rather than diversions. Until the books <br /> <br />are reconciled to calculate diversions less measured and unmeasured return flows, it may not be <br /> <br />possible to know whether or not an overrun has occurred. <br /> <br />The Six States propose that a limited form of overrun accounting be instituted. It must be <br /> <br />based on the following principles: . <br /> <br />1) Overruns must be inadvertent. <br /> <br />2) Overruns may not exceed 10% of annual entitlement. <br /> <br />3) Generally, overnms must be repaid the following year by the entity that benefitted from <br /> <br />the extra water. <br /> <br />4) Overruns need not be paid back if the following year's operation is controlled by the <br /> <br />flood control regulation and water must be released beyond downstream demands. <br /> <br />18 <br />