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

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

59009

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satisfying the Section 5 requirement for
the release or diversion of that water.
(f) Anticipatory release of leVA. The
Secretary may release ICUA to a
consuming entity before the actual
development of ICUA by the storing
entity if the storing entity certifies to the
Secretary that ICUA will be developed
during that same year that otherwise
would not have existed.
(I) These anticipatory releases will
only be made in the same year that the
ICUA is developed. .
(2) Before an anticipatory release, the
Secretary must be satisfied that the
storing entity will develop the necessary
ICUA in the same year that the ICUA is
ta be released.
(g) Treaty obligations. Prior to
executing any specific Storage and
Interstate Release Agreements, the
United States will consult with Mexico
through the International Boundary and
Water Commission under the boundary
water treaties and other applicable
international agreements in force
between the two countries.
1414.4 Reporting requirements and
accounting under Storage and Interstate
Release Agreements.
(a) Annual report ro the Secretary.
Each storing entity will submit an
annual report to the Secretary
containing the material required by this
section. The report will be due on a date
to be agreed upon by the parties to the
Storage and Interstate Release
Agreement.. The report must include:
(I) The quantity of water diverted and
stored during the prior year under all
Storage and Interstate Release
Agreements; and
(2) The total quantity of stored water
available to support the development of
ICVA under each Storage and Interstate
Release Agreement to which the storing
entity is a party as of December 31 of the
prior calendar year.

(b) How the Secretary accounts for
diverted and stored water. The Secretary
will account for water diverted and
stored under Storage and Interstate
Release Agreements in the records
maintained under Article V of the
Decree.

(1) The Secretary will account for the
water that is diverted and stored by a
storing entity as a consumptive use in
the Storing State for the year in which
it is stored.

(2) The Secretary will account for the
diversion and consumptive use of ICUA
by a consuming entity as a consumptive
use in the Consuming State of unused
apportionment under Article 11(8)(6) of
the Decree in the year the water is
released in the same manner as any
other unused apportionment taken by
that State.

(3) The Secretary will maintain
individual balances of the quantities of
water stored under a Storage and
Interstate Release Agreement and
available to support the development of
ICUA. The appropriate balances will be
reduced when ICUA is developed by the
storing entity and released by the
Secretary for use by a consuming entity.

Subpart C-Water Quality and
Environmental Compliance

5414.5 Water quality.

(a) Water Quality is not guaranteed.
The Secretary does not warrant the
quality of water released or delivered
under Storage and Interstate Release
Agreements, and the United States will
not be liable for damages of any kind
resulting from water quality problems.
The United States is not under any
obligation to construct or furnish water
treatment facilities to maintain or
improve water quality except as may
otherwise be provided in relevant
Federal law.

(b) Required water quality standards.
All entities. in diverting. using, and
returning Colorado River water, must:
(1) Comply with all applicable water
pollution laws and regulations of the
United States, the Storing State, and the
Consuming State; and
(2) Obtain all applicable permits or
licenses from the appropriate Federal,
State. or local authorities regarding
water quality and water pollution
matters.

5414.6 Environmental compliance and
funding of Federal costs.

(a) Ensuring environmental
compliance. The Secretary will
complete environmental compliance
documentation, compliance with the
National Environmental Policy Act of
1969. as amended, and the Endangered
Species Act of 1973, as amended: and
will integrate the requirements of other
statutes, laws, and executive orders as
required for Federal actions to be taken
under this part.
(b) Responsibility for environmental
compliance work. Authorized entities
seeking to enter into a Storage and
Interstate Release Agreement under this
part may prepare the appropriate
documentation and compliance
document for a proposed Federal action,
such as execution of a proposed Storage
and Interstate Release Agreement. The
compliance documents must meet the
standards set forth in Reclamation's
national environmental policy guidance
before they can be adopted.
(c) Responsibility for funding of
Federal costs. All costs incurred by the
United States in evaluating, processing.
and/or executing a Storage and
Interstate Release Agreement under this
part must be funded in advance by the
authorized entities that are party to that
agreement.

[FR Doc. 99-28417 Filed 10-29-99: 8:45 ami

Bll.UNG CODE 431o-t4-P