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<br />, . <br /> <br />".. <br /> <br />Agenda item 20r <br />November 22-23, 1999 Board Meeting <br />Page 3 00 <br /> <br />e <br /> <br />when executing a "Storage and Interstate Release Agreement." Those factors specifically <br />included in the Final Rule are potential impacts on: applicable law and executive orders, <br />contracts, trust resources, entitlement holders, Upper Division States, third parties, and <br />environmental concerns including threatened and endangered species. The rule also <br />specifically directs that comments from state agencies responsible for consulting with the <br />Secretary on matters related to the Colorado River be considered along with other <br />relevant factors. <br /> <br />Finally, in the "Responses to Comments" section of the rule there is a subsection dealing <br />with the "Potential Impacts to the Upper Division States." In this subsection, Interior and <br />Reclamation agree that the rule will not be used to justify more liberalized surplus <br />determinations that will allow an increase in equalization releases from Lake Powell. <br />The agencies also agreed that this rule does not change or expand existing authorities <br />under the "Law of the River" or change the apportionment for use of water within the <br />individual states. Lastly, the agencies agreed that each Lower Division State must <br />operate within the limits of the apportionment of Colorado River water made for use <br />within that State. <br /> <br />Conclusion <br /> <br />e <br /> <br />I believe that the Final Rule is acceptable to the interests of Colorado and the Upper <br />Division States for the reasons discussed and that no further comments on the rule are <br />necessary. The Final Rule and discussion as noticed in Federal Register is 25 pages long, <br />I have elected to attach only the final rule itself hereto. <br /> <br />Attachment <br /> <br />e <br />