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<br />Q1ll248 <br /> <br />Pa!!e 68494. Section III, Pumose of this Rule. 1st column. 1 st partial para!!raph: <br />The proposed rule as currently written would not allow a "storing state" to use surplus <br />apportionment for interstate water storage agreement purposes. We believe it is <br />acceptable to allow the "storing state" to use its surplus apportionment for interstate <br />water storage agreement purposes, In the public meeting held on March 27, 1998 in <br />Ontario, California, Reclamation stated that it had always been its intent to include the <br />use of surplus apportionment by the storing state. However, including it does seem to <br />raise several issues such as who would have first priority to such waters after the <br />storing state. It appeared to us that the proposed rule does not need to address these <br />side issues as the proposed rule simply provides the general framework, However, <br />these issues will likely need to be addressed in any interstate water storage agreement. <br /> <br />Pa!!e 68494. Section III. Pumose of this Rule. 1st column. 1st partial paragraph: <br />The narrative notes that the proposed rule is "permissive in nature and intended to <br />encourage and facilitate these voluntary water transactions," The narrative should <br />emphasize here that the actions contemplated by the proposed rule are deemed to be <br />within the current authority of the Secretary of Interior, the Boulder Canyon Project <br />Act and the decree in Arizona v. California, and that the proposed rule does not change <br />or expand those authorities or any of the body of the "Law of the Colorado River, " <br /> <br />Pa!!e 68494. Section III, Pumose of this Rule. 1st column. Last paragraph: <br />This paragraph acknowledges that there may be opportunities and benefits for Indian <br />Tribes under the proposed rule. As such, it is Colorado's understanding that this rule <br />is limited specifically to the use of mainstem Colorado River water in Lower Colorado <br />River Basin and as such does not extend any opportunities or benefits to Indian Tribes <br />in the Upper Basin, <br /> <br />Pa!!e 68494. Section III. Pumose of this Rule. 3rd column. Last paragraph: <br />This paragraph lists relevant factors that the Secretary of Interior will consider when <br />approving an interstate water storage agreement. Those considerations should include <br />no impact to the water supplies currently available to the Upper Basin (e,g, operations <br />under the rule should not increase equalization releases from Lake Powell). The Upper <br />Basin must not lose any yield or take any increased risks because of increased <br />equalization that might occur as a result of interstate water storage agreements, <br /> <br />Pa!!e 68495. Section V, Section bv section analvsis of the Purposed Rule. Section 414.1 <br />Purpose. in the 2nd column. 1st partial paragraph: <br />We suggest including the following, "This rule does not change the apportionments <br />made to the individual states under the 'Law of the Colorado River. . The rule provides <br />only for the efficient use of unused apportionment and surplus in the Lower Division <br />States in a manner that provides a measure of added certainty for water users under the <br /> <br />Page 3 of7 <br />