BOARD00943

• Board Meeting Date: 11/22/1999
• Description: WSP Section - Colorado River Basin Issues - Offstream Storage of Colorado River Water - Development and Release of Intentionally Created Unused Apportionment in the Lower Division States - Final Rule
• Board Meetings - Doc Type: Memo

Federal Register/VoL 64. No. 21O/Monday. November I. 1999/Rules and Regulations

59007

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Colorado River Basin means all of the
drainage area of the Colorado River
System and all other territory within the
United States to which the waters of the
Colorado River System shall be
beneficially applied.
Colorado River System means that
portion of the Colorado River and its
tributaries within the United States.
Colorado River water means water in
or withdrawn from the mainstream.
Consuming entity means an
authorized entity in a Consuming State.
Consuming Stare means a Lower
Division State where leUA will be used.
Consumptive use means diversions
from the Colorado River less any return
flow to the river that is available for
consumptive use in the United States or
in satisfaction of the Mexican treaty
obligation.
(1) Consumptive use from the
mainstream within the Lower Division
States includes water drawn from the
mainstream by underground pumping.
(2) The Mexican treaty obligation is
set forth in the February 3, 1944. Water
Treaty between Mexico and (he United
States. including supplements and
associated Minutes of the International
Boundary and Water Commission.
Decree means the decree entered
March 9. 1964. by the Supreme Court in
Arizona v. CalJfomia. 373 VS 546
(1963). as supplemented or amended.
Entitlement means an authorization to
beneficially use Colorado River water
pursuant to:
(1) The Decree;
(2) A water delivery contract with the
United States through the Secretary; or
(3) A reservation of water from the
Secretary.
Intentionally created unused
apportionment or leVA means unused
apportionment that is developed:
(I) Consistent with the laws of the
Storing State:
(2) Solely as a result of. and would
not "exist except for. implementing a
Storage and Interstate Release
Agreement
Lower Division States means the
States of Arizona, California. and
Nevada.
Mainstream means the main channel
of the Colorado River downstream from
Lee Ferry within the United States,
including the reservoirs behind dams On
the main channel. and Senator Wash
Reservoir off the main channel.
Off stream storage means storage in <\
surface ..reserVoir off of the mainstream
or in a ground water aquifer. OffstreaIl16
storage includes indirect recharge whe~n
Colorado River water is exchanged fo~
ground water that otherwise would have
been pumped and co~umed. .
Secretary means the Secretary of the
Interior or an authorized representative.

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Storage and Interstate Release
Agreement means an agreement.
consistent with this part. between the
Secretary and authorized entities in two
or more Lower Division States that
addresses the details of:
(I) Offstream storage of Colorado
River water by a storing entity for future
use within the Storing State;
(2) Subsequent development of ICUA
by the storing entity. consistent with the
laws of the Storing State;
(3) A request by the storing entity to
the Secretary to release ICVA to the
consuming entity;
(4) Release of ICVA by the Secretary
to the consuming entity; and
(5) The inclusion of other entities that
are detertnined by the Secretary and the
storing entity and the consuming entity
to be appropriate to the performance
and enforcement of the agreement.
Storing entity means an authorized
entity in a Storing State.
Storing State means a Lower Division
State in which water is stored off the
mainstream in accordance with a
Storage and Interstate Release
Agreement for future use in that State.
Surplus apportionment means the.
Colorado River water apportioned for
use within each lower Division State
when sufficient water is available for
release. as determined by the Secretary,
to satisfy in excess of 7.5 maf of annual
consumptive use in the Lower Divisiqn
States.
Unused apportionment means
Colorado River water within a Lower
Division State's basic or surplus
apportionment. or both. which is not
otherwise put to beneficial consumptive
use during that year within that State.
Upper Division States means the
States of Colorado. New Mexico. Utah.
and Wyoming.
Water delivery contract means a
contract between the Secretary and an
entity for the delivery of Colorado River
water in accordance with section 5 of
the BCP A.

SUbpart B-Storage and Interstate
Release Agreements
S414.3 Stor'ilge and Interstate Release
Agreements.
(a) Basic requirements foJ' Storage and
Interstate Release Agreements. Two or
more authorized entities may enter into
Storage and Interstate Release
Agreements with the Secretary in
accordance with paragraph (c) of this
section. Each agreement must meet all
of the requirements of this section.
(l) The agreement must specify the
quantity of Colorado River water to be
stored. the Lower Division State in
which it is to be stored. the entity(ies)

that will store the water, and the
facil1ty(ies) in which it will be stored.
(2) The agreement must specify
whether the water to be stored will be
within the unused basic apportionment
or unused surplus apportionment of the
Storing State. For water from the Storing,
State's apportionment to qualify as.
un.used apportionment available for
storage under this part. the water must
first be offered to aU entitlement holders
within the Storing State for purposes.
other than interstate transactions under
proposed Storage and Interstate Release
Agreements.
(3) The agreement must speedy
whether the water to be stored will be
within the unused basic apportionment
or unused surplus apportionment of the
Consuming State. If the water to be
stored will be unused apportionment of
the Consuming State. the agreement
must acknowledge that any unused-
apportionment of the Consuming State
may be made available from the
Consuming State by the Secretary to the
Storing State only in accordance with
Article /I (8) (6) of the Decree. If unused
apportionment from the Consuming
State is to be stored under a Storage and
Interstate Release Agreement. the
Secretary wiU make the unused
apportionment of the Consuming State
available to the storing entity in
accordance with the tenns of a Storage
and Interstate Release Agreement and
will not make that water available to
other entitlement holders.
(4) The agreement must specify the
maximum quantity of ICVA that will be
developed and made available for
release to the consuming entity.
(5) The agreement must specify that
lCVA may not be requested by the
consuming entity in a quantity that
exceeds the quantity of water that had
been stored under a Storage and
Interstate Release Agreement in the
Storing State.
(6) The agreement must specify a
procedure to verify and account for the
quantity of water stored in the Storing
State under a Storage and Interstate
Release Agreement.
(7) The agreement must specify that.
by a date certain. the consuming entity
will:
(i) Notify the storing entity to develop
a specific quantity of ICUA in the
following calendar year.
(Ii) Ask the Secretary to release that
ICVA; and
(iii) Provide a copy of the notice or
request to each Lower Division State.
(8) The agreement must specify that
when the storing entity receives a
request to develop a specific quantity of
leVA;

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