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<br />001251 <br /> <br />Again, the fourth item can be removed, Lastly, we recognize that it might be useful to <br />break this definition into "authorized storing entities" and "authorized consuming <br />entities. " <br /> <br />Pa!!e 68498. Proposed Rule. Part 414,2. 3rd column. Intentionallv created unused <br />apportionment: <br />We believe a better definition would be, "means unused apportionment that is created <br />solely as a result of a Storing State using water previously stored pursuant to an <br />Interstate Water Storage Agreement in place of water within its apportionment that the <br />Storing State would have otherwise diverted from the mainstem, for the purpose of <br />making Colorado River water available for a Consuming State pursuant to Article <br />II(B)(6) of the Decree and in accordance with an Interstate Water Storage Agreement." <br /> <br />Pa!!e 68498 and 68499. Proposed Rule. Part 414,2. 3rd column. Interstate stora!!e <br />a!!reement: <br />It is unclear what the language, "and may include other entities that are determined to <br />be appropriate to the performance and enforcement of the agreement under federal law <br />and the respective laws of the Storing State and Consuming State" means, Who makes <br />the determination of appropriate entities and does that need to be spelled out in the rule? <br />Can it all be included in a specific interstate water storage agreement? It would be <br />useful to have an example in the section by section analysis, <br /> <br />Pa!!e 68499. Proposed Rule. Part 414,2. 1st column. Added Definitions: <br />It would be appropriate to include the definitions for "Colorado River Basin" and <br />"Colorado River System" as defmed and used in the Colorado River Compact. We <br />believe these definitions are important in understanding how the proposed rule fits into <br />the overall picture on the Colorado River. It would also be helpful to have some <br />discussion of this in the "Background" discussion of the rule, <br /> <br />Pa!!e 68499. Proposed Rule. Part 414,3. 2nd column. subpara!!raph (a)(2): <br />It would be appropriate to allow the use of the Storing State's surplus apportionment <br />here as well so long as the caveats we suggested for inclusion under the "Purpose" are <br />incorporated, Colorado's concern remains that implementation of interstate water <br />storage agreements must not adversely impact the water supply available to the Upper <br />Basin, So long as that is the case, we support allowing significant flexibility in <br />interstate water storage agreements, <br /> <br />Pa!!e 68500. Proposed Rule. Part 414,5. 2nd column. new subpara!!raph: <br />A new subparagraph addressing Colorado River salinity should be added, It would <br />read as follows: "The proposed rule and the evaluation of impacts were based on the <br />Colorado River Salinity Standards currently in place, Furthermore, the existing <br />Colorado River Salinity Control Program provides the means to offset any increase in <br /> <br />Page 6 of? <br />