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<br />" <br /> <br />00255J. <br /> <br />. <br /> <br />the support of all Lower Division States on a eonceptual approaeh to deal with this issue of <br />unauthorized use of Colorado River water. This issue had been discussed in two previous meetings <br />among Lower Division States, Reclamation and the USGS. However, Arizona had eoncerns related <br />to adoption of the accounting surface concept. <br /> <br />At the August 1511> meeting, Mr. Robert Johnson, Regional Director of the Reclamation <br />indicated that the goal of the meeting was to establish a process for Reclamation to deal with non- <br />contract diverters that is supported by the Lower Division States. Arizona and Nevada States' <br />representative expressed their coneems that the Accounting Surface may not be used for wells in the <br />areas outside of the flood plain due to potential for tributary water recharge and the travel time for <br />water from the Colorado River to reach these wells. They indicated that such cases might need further <br />criteria for implementation. Also, it was noted that the State of Arizona has a criterion for drilling a <br />well with a capacity ofless than 35 gpm, which is considered de minimis. <br /> <br />The conclusions that came from the meeting are summarized as follows: <br /> <br />. <br /> <br />Reclamation should move forward to develop the process to deal with the unauthorized <br />users; <br /> <br />. The Accounting Surface maps prepared by the USGS provide a good basis for <br />identifieation of the River aquifer, however, for cases where a well is located a long <br />distance from the flood plain, it may be appropriate to consider additional criteria; <br /> <br />. Reclamation will meet with Arizona and Nevada technical staff to discuss the criteria used <br />in their states for taking into account tributary water pumped from the groundwater <br />aquifer; <br /> <br />. Reclamation will draft the concepts and a draft set of criteria and the factors to be used for <br />evaluation of whether a diverter is using Colorado River water. However, it was <br />concluded that the burden of the proof that Colorado River water was not being pumped <br />would be on the diverter, and not Reclamation; <br /> <br />. Once drafted by Reclamation, the draft criteria and factors to address whether Colorado <br />River or tributary water is being diverted will be distributed among Lower Division States <br />for comment; and <br /> <br />. All water used by wells coveJed by Arizona de minimis rule will be reported and <br />accounted for within Arizona's Colorado River entitlement. <br /> <br />Las Vegas Valley Return Flow Credit Methodology <br /> <br />Included in the Board folder, for your information, are copies of eorrespondence between <br />Reclamation and the Southern Nevada Water Authority concerning a new methodology for calculating <br /> <br />5 <br />