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<br />~ ~ ~ <br /> <br />.. -,.---~";: <br /> <br />lliGHLIGHTS OF PROPOSED RULE <br /> <br />. <br /> <br />Attached hereto is a spreadsheet that illustrates our understanding of the proposed <br />rule as noticed in the Federal Register on December 31,1997. The following general <br />rules apply: <br />1. Storage credits may not be redeemed within the same calendar year that they are <br />generated. <br />2. The Consuming entity and state must provide notice to the Lower Division States and <br />Secretary of Interior by November 30 of there intent to redeem credits in the <br />following calendar year. <br />3. The Storing entity and state must then take action to ensure that Storing States <br />consumptive use of Colorado River water is reduced by intentionally creating unused <br />apportionment (i.e. if MWD wants to redeem 80,000 AF of credits from the Arizona <br />Water Bank, then Arizona's entitlement in that year is 2.72 maf that year rather than. <br />2.8 mat). <br />4. Identify how the credits will be taken and distributed. <br />5. The Secretary of Interior must render a decision of approval within 120 days or <br />within 90 days of completion of environmental compliance and resolution of other <br />issues. <br />6. Interstate Storage Agreements are required prior to any storage occurring, must be <br />approved by the Secretary and may be assigned in whole or in part upon agreement of <br />all parties and approval of the Secretary. <br /> <br />KEY ARIZONA LIMITATIONS <br /> <br />. <br /> <br />1. No more than 100,000 acre-feet of storage credit accrued in Arizona may be <br />recovered for use in California and Nevada in any given year. <br />2. Recovery of credits can not occur in a shortage year. <br /> <br />ISSUES <br /> <br />Staff believes this rule is a significant improvement over the previous draft, <br />however, it still has identified some issues of concern. The issues outlined below are <br />presented for discussion purposes and have not been fully researched at this time. These <br />viewpoints should be considered preliminary and subject to revision. <br /> <br />A. The proposed rule sets forth the procedural framework for the Secretary of <br />Interior to approve interstate agreements for the offstream storage of Colorado River <br />water in the Lower Division States by state authorized entities. This program is operated <br />pursuant to the authorities in Article II(B)(6) ofthe March 9, 1964 Supreme Court Decree <br />in Arizona v California. Article II(B)(6) reads as follows: <br /> <br />"If, in anyone year, water apportioned for consumptive use in a state will not be <br />consumed in that state, whether for the reason that delivery contracts for the full amount <br />of the state's apportionment are not in effect or that users cannot apply all of such water . <br />to beneficial uses, or for any other reason, nothing in this decree shall be construed as <br /> <br />2 <br />