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I I I I I I I I I I I I I I I I I I I adopted in 1994 and, along with the terms of the underlying settlement agreement, establish the guidelines for bank operation.87 In several respects the tnbal bank is not subject to limitations applicable to Idaho rental pools and the statewide water supply bank. For example, there are no constraints on the pricing of bank water or on the amount of profit accruing to the tnOO from bank rentals." In addition, bank rules expressly define beneficial use of bank water to include "fish propagation and instream flow uses as well as any other uses that provide a benefit to the user of the water.- Tnbal space in American Falls may be rented below Milner Dam without being subject to last to fill provisions of other rental pools. Storage water accruing to the TnOO's American Falls space can be rented for use in the Snake River Basin anywhere within the state of Idaho." Another difference in the tnbal bank operation is the term of assignment of storage space to the bank. Assignments to the tribal bank can be for "any period of time."'l Rentals from the bank are limited to a five- year term unless a longer term is negotiated between the TnOO and the Idaho Water Resources Board.9Z The tnbal bank is administered by a "Tnbal Rental Pool Committee," comprised of the District 1 watennaster, the Fort Hall Indian Reservation watermaster, and three 87~ Administrative Rules of the Idaho Water Resource Board, Shoshone-Bannock Tribal Water Supply Bank Rules, IDAPA37, TItle 02, Chapter 04 (adopted July 8, 1994) (hereinafter Tnllal Rules]. The Fon Hall Agreement also granted storage rights to water users potentially impacted by the terms of the sett1ement. The potentially affected water users were granted all uncontracted storage in Ririe Reservoir (80,500 acre feet) and uncontracted storage in pali""des Reservoir (18,980 acre feet) as compensation. These water users fonned Mitigation, Ine., to hold and manage the mitigation storage on behalf of the users. Water accruing under storage controlled by Mitigation Ine. could be leased through the rental pool operating in Water District 1. "'See l!enerallv. "Director's Report for the 1990 Fort Hall Indian Water Rights Agreement (Reporting Area 25), prepared by the Director of the Idaho Depanment of Water Resources as part of the Snake River Basin Adjudication (1994). '"rnllal Rules, at rule 10.05. "'Palisades storage water is limited to uses above Milner Dam. TrlbaI Rules, at rules 7.3.4 and 7.3.5. "Tribal Rules, at rule 35.03. 9ZId. at rule 50.055. 2-21