Basin States' Comments on Draft Environmental Impact Statement, CO River Interim guidelines for Lower Basin Shrotages and Coordinated Operations for Lake Powell and Lake Mead

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-7- (Treaty Series 7708; 24 UST 1968), the Decree entered by the Supreme Court of the United States Arizona v. California, et. al. (376 U.S. 340), as amended and supplemented, The Boulder Canyon Project Act (45 Stat. 1057), the Boulder Canyon Adjustment Act (54 Stat. 774; 43 U.S.C. 618a), The Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620}, The Colorado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501), The Colorado River Basin Salinity Control Act (88 Stat. 266; 43 U.S.C. 1951), The Hoover Power Plant Act of 1984 (98 Stat. 1333), The Colorado River Floodway Protection Act (100 Stat. 1129; 43 U.S.C. 1600), or The Grand Canyon Protection Act of 1992 (Title XVIII of Public Law 102-575, 106 Stat. 4669). Reservation of Rights. The Basin States' Comments include as attachments several agreements to which Colorado is not a party. Colorado supports the submission of these attachments as necessary and important to the implementation of the Basin States' Alternative. However, Colorado was not a party to many of these agreements, and does not necessarily agree with all legal and factual recitations made therein. By supporting the Basin States' Comments and attachments, and by agreeing to the submission of these documents as necessary to the implementation of the Basin States' Alternative, Colorado does not intend to waive any disagreements it may have with legal and factual recitations made without its participation or approval. Finally, Colorado may have other concerns with specific factual and/or legal assertions in the DEIS. However, these assertions do not appear to materially alter the analysis in the DEIS. In addition, in the course of reviewing the voluminous amount of material included within the DEIS, Colorado may have overlooked other inaccurate factual and/or legal assertions. Colorado's failure to raise such concerns in these Comments, or to correct what it believes to be inaccurate assertions, shall not be construed as an admission with respect to any factual or legal issue, or a waiver of any of rights for the purposes of any future legal, administrative, or other proceeding's ~, i~ ~~~ Rod Kuharich Director Colorado Water Conservation Board cc: Robert W. Johnson, Commissioner, U.S. Bureau of Reclamation Rick Gold, Regional Director, U.S. Bureau of Reclamation, Upper Colorado Regional Office Jayne Harkins, Acting Regional Director, U.S. Bureau of Reclamation, Lower Colorado Regional Office Larry Walkoviak, Deputy Regional Director, U.S. Bureau of Reclamation, Lower Colorado Regional Office Regional Director, Lower Colorado Region, Bureau of Reclamation, c/o B000- 1000 Scott Balcomb, Esq. Jim Lochhead, Esq. Flood Protection • Water Project Planning and Finance • Stream and Lake Protection Water Supply Protection • Conservation Planning