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<br />000261 <br /> <br />Six State Proposal <br />Straw Man Draft <br />Includes Fassett and Mutz comments <br />11/4/98 <br /> <br />holders to exceed their yearly apportionment. The proposed overrun would be constrained by a <br /> <br />maximum allowable accrual and would be subject to repayment in subsequent years. The overrun <br /> <br />accounting provision is tied to the pro visions for administration of agricultural entitlements. <br /> <br />The Six States are concerned with the overrun provisions foI a nnn.lbc.r of reasons. First, <br /> <br />as the Colorado River enters into an era of limits, the states expect the Bureau of Reclamation to <br /> <br />incrcasc.strictly enforce its lcvd of enfuIcemen.t ofcontracts and the entitlements. In essence, <br /> <br />within the Lower Basin, the Bureau must play the role of the State Engineer and piaeeenforce <br /> <br />current limits on diversions by water users. Secondly, the Six States are leery of proposals that <br /> <br />would allow significant diversions above the amount of water allowed to a state in shortage, <br /> <br /> <br />normal, or limited smplus years according to the proposal described in this paper. It wo~ -?;~- <br /> <br /> <br />terribly inequitable to California agricultural districts to overrun their diversions by e which is <br /> <br /> <br />over 300,000 acre feet, while at the same time calling for the Central Arizona Project to reduce <br /> <br />diversions by 500,000 acre feet because a shortage had been declared. <br /> <br />In spite of these significant concerns, the Six States do recognize that there may be limited <br /> <br />occasions when inadvertent 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 aOli unmeasured return flows, it may not be <br />- <br /> <br />18 <br />L ct2 48 SWv Ie!. __ <br />Ot~~/r~ ~ <br />-C/)~ ~ +lA..e. ~t s~ <br />