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<br />Mr. Jesse P. Silva <br /> <br />7 <br /> <br />The quantity of water requested by lID for CY 2003 falls within the 3.85 mafavailable for <br />agricultural use within California, but has been reduced by this determination due to Decree <br />limitations. Therefore, lID's approved water order is le~s than that requested in lID's letter of <br />September 9, 2002. 43 C.F.R. Part 417 provides for a tJ;llrty-day notice period prior to the <br />reduction in deliveries and requires that Reclamation deliver to lID water in amounts equal to <br />lID's request or equal to the schedules approved for the, previous year, whichever is less, during <br />this thirty-day period. In January 2003, the Departrnentwill therefore deliver to IID at Imperial <br />Dam 140,000 af of Colorado River water, the amount requested by lID on September 9, 2002 for <br />diversion at Imperial Dam. <br /> <br />lID is requested to submit a revised monthly schedule for the remainder of CY 2003 on or before <br />January 31, 2003. lID's revised schedule should reflectthe Department's 2003 diversion <br />limitation which provides for deliveries driven by agricultural aild non-agricultural needs <br />throughout the year up to a maximum CY 2003 diversion right of2,858,900 at: Uuless lID <br />provides such a revised schedule reflecting this CY 2003 diversion limitation, Reclamation will <br />make deliveries according to the schedule previously provided by lID, under which lID is <br />projected to fully utilize its approved supply of Colorado River water during November 2003. <br /> <br />AB a Secretarial decision, this CY 2003 determination is effective immediately and not subject to <br />appeal within the Department of the Interior. <br /> <br />Effect of Supplement to 2002 AOP <br /> <br />Lastly, I note that in the Supplement to the 2002 AOP the Secretary established the requirement <br />of a repayment for overruns in 2002, with the repayment to be calculated from the final decree <br />accounting for 2002. At such time as the final accounti,ng is available, Reclamation will determine <br />the extent of any such overruns and notifY lID as to its tepayment requirements, if any, which may <br />result in a reduction in this approved water order for 2003.6 <br /> <br />. A number of circumstances that may occur during CY 2003 could require further modifications to this <br />approved water order. Such circumstances include, but are not limited to: modification of the 2003 AOP, <br />reinstatement of surplus determinations based on the applicable;provisions of the Interim Surplus Guidelines, <br />repayment for overuse pursuant to the 2002 AOP Supplement, apd changes in the beneficial use requirements of <br />water users in the Lower Basin States of Arizona, California and Nevada. <br /> <br />. <br /> <br /> <br />. <br /> <br />. <br />