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<br />I, <br />OCT-16-S118 FR:I <br />, , <br /> <br />11:03 UPPER COLORADO R:IVER COMM <br /> <br />OD02;-:5 <br /> <br />P.04 <br /> <br />available as surplus, only 50% of that amount is available to California, unless Arizona or <br /> <br />Nevada choose not to divert and use the 46% and 4% of the surplus amount that is <br /> <br />available to those states, respectively. Article Il(B)(2). <br /> <br />c) The water diverted is water that was available to one of the other Lower <br /> <br />Division States in accordance with a) or b), above, but was unused by that state. Article <br /> <br />II(B)( 6). <br /> <br />Other Polie)' Considerations ..r- ~ <br /> <br />In addition to the need for the proposed 8~ operating criteria to be <br /> <br />consistent with the existing Law of the River, the Six States assert that, as a matter of fairness to < <br /> <br /> <br />an Colorado River Basin Stales, the process of developing and promulgating .:e~,;;po~2' <br /> <br />Ill. <br /> <br />criteria be consistent with the following principles: <br /> <br />1) The federal government and California must affl1'matively recognize that~~rff""'6 ~~; <br />\ ' tv1V ~ ~l..:.v <br />D'll(tr~ liberal operating criteriaJ\are only temporary. As was discussed earlier. the ~ opelatiug'" <br /> <br />criteria must be only interim and be in effect during the transition period in California water use. <br /> <br />The additional water made available to California during this period cannot be seen as a <br /> <br />permanent substitute for the unused Arizona and Nevada basic apportionments upon which <br />\~\\M.. <br />California has historically relied. Thus, th~perating criteria must expire by their own <br /> <br />terms in 2010, unless affirmatively renewed until201S. The criteria must also provide that the <br /> <br />criteria will expire when it is established that California has achieved its goal of living within its <br /> <br />3 <br />