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<br />OrJl249 <br /> <br />'Law of the Colorado River'. Water users shall not be entitled to develop a long-term <br />reliance on supplies that become temporarily available under this rule beyond the <br />provisions of specific interstate water storage agreements approved by the Secretary, <br />All states should plan upon living within the apportionments made to them under the <br />'Law of the Colorado River' ." <br /> <br />Pal!:e 68495. Section V, Section bv section analvsis of the Puroosed Rule. Section 414,2 <br />Definitions. in the 2nd column. 2nd oaral!:raoh: <br />Again, we see no need for item (4), as it seems covered by the first three, <br /> <br />Pal!:e 68495. Section V. Section bv section analvsis of the Puroosed Rule. Section 414.2 <br />Definitions. in the 2nd column. 2nd oaral!:raoh: <br />This paragraph encourages the Lower Basin States to define the term "authorized <br />entity" broadly, We agree that benefits should occur to as many entities as possible <br />with legitimate needs, Again, we emphasize that the apportionments are to individual <br />states and therefore interstate water storage agreements should be state-to-state <br />agreements as previously discussed, Each state can authorize entities as they choose to <br />participate in agreements, However, ultimately all entities and entitlement holders must <br />live within a state's apportionment. It may be that separate definitions are required for <br />"storing entities" and "consuming entities" in order to satisfy the range of viewpoints <br />expressed at the March 27, 1998 public meeting, <br /> <br />Pal!:e 68495. Section V, Section bv section analvsis of the Puroosed Rule. Section 414.2 <br />Definitions. in the 2nd column. last oaral!:raoh: <br />The Department of Interior seeks comment on the issue of whether or not the final <br />definition of "intentionally created unused apportionment" should specify the types of <br />measures or actions the Secretary would approve as intentionally creating unused <br />apportionment. At this time there is only one authorized storing entity, the Arizona <br />Water Banking Authority (A WBA), The A WBA identifies only one way of creating <br />"intentionally created unused apportionment," that is by the Storing State using water <br />previously stored pursuant to an interstate water storage agreement in place of water <br />that would otherwise be diverted by the Storing State from the Colorado River, This is <br />the only mechanism recognized in the proposed rule, but the proposed rule never <br />specifies this is the only one allowable, Although other mechanisms, such as land <br />fallowing or the forbearance from use of entitlement not previously exercised, could be <br />used, no guidelines, limitations or details have been established in the proposed rule, <br />Therefore, we believe it appropriate to limit the mechanism for creating "intentionally <br />created unused apportionment" to only the one discussed in the proposed rule at this <br />time, We are comfortable viewing the proposed rule as a first step that may ultimately <br />be amended to contain additional mechanisms once the ground rules for utilizing those <br />additional mechanisms have been established, However, we see no need to delay the <br /> <br />Page 4 of7 <br />