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<br />ID,S70S'IS8902 <br /> <br /> <br />DEC-23-02 10.08 PROM.8ALCOMB & GREEN PC <br /> <br />. <br /> <br />. <br /> <br /> <br />. <br /> <br />PAGE 12/ <br /> <br />c. Definitive agreements regarding the timing, magnitude and allocation of the costs <br />of envi;ronmentalmitigation obligations for the full term of the proposed transfers <br />were not reached; <br /> <br />d. Credible estimates of the total cost of all required mitigation measures were not <br />available; and ..' " . . <br /> <br />e. Credible and firm funding commitments have not been obtained from the other <br />QSA parties to pay environmental-mitigation costs as incurred and to ensure that <br />I1D's costs of environmental mitigation would not exceed the agreed upon $30 <br />million cap for the full term of the proposed transfers; <br /> <br />3. Uncertainty regarding the scope, cost, feasibility and method of reclamation of the Salton <br />Sea created an unreasonable risk that liD would not be able to conserve water long-term <br />by ~ethods other thaI). land fallowing. <br /> <br />4. The Department of the Interior refused 10 grant necessary approvals; <br /> <br />a. DOl refused to determine that the use of Colorado River water to mitigate the <br />impacts on the Salton Sea caused by conservation and transfer activities is a <br />beneficial use of water. <br /> <br />b. DOl refused to accept a condition subsequent for no to complete and obtain <br />approval of an acceptable HCr on or before December 31, 2003. <br /> <br />c. DOl failed to provide reasonable asS'Ural1ces to insulate lID from challenges to its <br />reasonable use related to the fallowing required for the transfer, in a form <br />comparable to the SB 482 provisions of State law. . <br /> <br />S. No one agreed to make reasonable payments to the IID for creating water to mitigate <br />environmental impacts on the Salton Sea. <br /> <br />6. The unresolved problems listed above created an unacceptable risk of early texmination <br />. and stranded capital costs. .' <br /> <br />7. The 75-year tenn was too long. <br /> <br />B. Proposed Terms for Short-Term Fallowing Transfer Program <br /> <br />Ternl: . 5 years <br /> <br />Start Date: Immediately upon completion of; <br /> <br />· Necessary environmental. review, approvals, and issuance of CESA and ESA permits for <br />. the 5-year transfer period; <br /> <br />. SVlRCB approval for the 5-18ar transfer; and <br /> <br />. DOl approval for the 5-year program,. including approval of the use of Colorado River <br />water for mitigation purposes as required by environmental permits and approvals, and <br />adoption of an Inadvertent Overrun and Payback Program. <br /> <br />...<o~anTIN"'l <br />