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<br />crops to be grown, growing conditions such as climate, conditions of the water <br />distribution systems and related facilities, operating practices, and similar information. If <br />the determination from BOR includes a reduction in the amount of water to be delivered, <br />the water user is to be given notice, by registered or certified mail, and then the water <br />user is given an opportunity to respond. If the Bureau does not change its determination <br />the water user is allowed to appeal the'determination to higher authorities, and during the <br />time of that appeal the Bureau's determination "shall be of no force and effect." 43 CFR <br />Part 417.3. Part of what lID alleges in its suit is that the Department of the Interior did <br />not follow its own regulations in taking action to cut-back liD's water supply for 2003. <br /> <br />J. Forbearance proposal- One of the complicating developments in obtaining community <br />and Board of Directors support for the QSA within the liD service area has been the <br />development of various farmer groups. Some of the groups are supportive of transfers <br />and some of the groups are not. One group in particular has been critical of liD's <br />management of the QSA process and has suggested that they would prefer to deal directly <br />with MWD or San Diego. In that direction, one idea that has surfaced is the notion of <br />landowners agreeing in contract to forebear the use of a certain amount of water, <br />presumably through land fallowing. If that were done, and that water was not ordered by <br />lID for those fallowed acres, the notion is that such water could then be delivered to the <br />MWD intake as opposed to Imperial Dam. Thus, the theory is that by agreeing to simply <br />not order and use water landowners might be able to carry out a form of water transfer <br />without the involvement if liD. <br /> <br />liD has objected to this kind of transfer on the grounds that liD holds the valley's water <br />rights in trust for all landowners. Hence, it is liD's position that only lID can legally and <br />effectively carry out a transfer to the urban users. lID also asserts that the forbearance <br />approach-fails to properly address necessary environmental compliance requirements, and <br />does not adequately address third party economic impacts resulting from land fallowing. <br />In any event, it does not appear that any of the farmer groups or the urban users are <br />actively pursuing a forbearance type transfer at this time. <br /> <br />Actions needed at the state and federal levels to effectuate a restructured OSA: <br /> <br />1. Maintain support for the current strong efforts of the State of California to help <br />negotiate a restructured QSA. This includes encouragement for all four of the <br />water agencies to stay at the table and stay committed to the process. <br /> <br />2. Following development of an agreed-to restructured QSA, allow time for the State <br />of California to take the necessary actions, both legislative and administrative, to <br />provide the necessary state-law foundation for the restructured QSA. <br /> <br />3. Following execution of the QSA and the completion of state actions necessary for <br />the restructured QSA to become effective, support California in having the special <br /> <br />7 <br />