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Interim Guidelines for the <br />Operation of Lake Powell <br />and Lake Mead <br />Alternative based on this information, as well as other information submitted <br />during the NEPA process. <br />The parties to the Forbearance Agreement have indicated that they intend that <br />the Agreement provide the appropriate legal mechanism to achieve successful <br />implementation of this element of the Preferred Alternative. The parties have <br />indicated that among the conditions on their forbearance, they will forbear only <br />with respect to a specified ICS volume and only to ICS created by projects <br />described in exhibits attached to the Forbearance Agreement or added thereto by <br />written consent of all parties. Given the voluntary nature of the forbearance <br />concept, it is appropriate for the parties to clearly identify the limited conditions <br />upon which their forbearance is granted. <br />Through adoption and implementation of these Guidelines, the Secretary will <br />only approve the creation, delivery and use of ICS in a manner that is fully <br />consistent with the provisions of the Consolidated Decree, including Articles <br />II(B)(2) and II(B)(6) therein. The Secretary will require forbearance by the <br />State of Arizona, the Palo Verde Irrigation District, the Imperial h~-igation <br />District, the Coachella Valley Water District, The Metropolitan Water District of <br />Southern California, the City of Needles, and other California entities as <br />appropriate, the Southern Nevada Water Authority, and the Colorado River <br />Commission of Nevada for implementation of this element of these Guidelines <br />(regarding ICS). If, in the opinion of the Secretary, the State of Arizona or the <br />Palo Verde Irrigation District, the Imperial Irrigation District, the Coachella <br />Valley Water District, The Metropolitan Water District of Southern California, <br />the City of Needles, or other California entities as appropriate, the Southern <br />Nevada Water Authority, or the Colorado River Commission of Nevada, <br />unreasonably withhold forbearance, the Secretary may, after consultation with <br />the Basin States, modify these Guidelines. Moreover, the Secretary will ensure <br />that implementation of the ICS mechanism does not infringe on the rights of any <br />third party who is a Contractor and who is not a party to the Forbearance <br />Agreement. <br />2. Monitoring Implementation <br />Under these Guidelines, Colorado River water will continue to be allocated for <br />use among the Lower Division states in a manner consistent with the provisions <br />of the Consolidated Decree. It is expected that Lower Division states and <br />individual Contractors for Colorado River water have or will adopt <br />arrangements that will affect utilization of Colorado River water during the <br />Interim Period. It is expected that water orders from Colorado River <br />Contractors will be submitted to reflect forbearance arrangements by Lower <br />Division states and individual Contractors. The Secretary will deliver Colorado <br />River water to Contractors in a manner consistent with these arrangements, <br />provided that any such arrangements are consistent with the BCPA, the <br />ROD -Colorado River Interim Guidelines for December 2007 <br />Lower Basin Shortages and Coordinated 25 <br />Operations for Lake Powell and Lake Mead <br />