WSP05136 - Laserfiche WebLink

Home Browse Search

04/03/1998 16:33 818-543-4685 COLORADO RIVER BOARD PAGE 03 I I I I I I I I I I I I I I OOO~S8 United States Bureau of Reclamation Mr. Dale EIISI1Iinger April 3.1998 Page 2 The Federal Register Notice states that "the proposed rule is designed to improve the Secretary's ability to fulfill his responsibilities to manage the Lower Basin of the Colorado River on a more efficient basis. This proposed rule is expected to be a first step toward improving the efficiency associated with management of the Colorado River in the Lower Basin." The Notice further stales that ..... this proposal does not address, and is not intCDded to govern the exen:ise of; whatever authority the Secietaly of the Interior has to coDSider and implement, in appropriate situations, tnbaI stoxage and water traosfur activities." In Iigbt of these admissions, this Proposed Rule should not be viewed as a comprehensive undertaking by the Secretary to address management of the Colorado River; and therefore, the Colorado River Board of California suggests that the final Rule. itself, contain a preamble that fuI1y explains that this Rule is an initial step to effectuate a much broader effort by the Secretary to address efficient and effi:ctive management of the Colorudo River. The preamble should also state that the Proposed Rule is being implemented to take advantage of the present River COnditioIlS and to recognize the existing opportunity provided by the Arizona Water Bank as well as satisfY those requin:ments contained in the Arimllll legislation pertaining to interstate participation in the Arizona Water Bank. Furthermore, the Proposed Rule is not intended to apply to an current and futon: oflStream storage opportunities or to an futun: interstate water exchanges,. tnmsfi:rs, or marketing. Those oppoIt1mities BIId programs and the need for further rule making will be consider on a case-by-case basis.. Such a deteunination is entirely consistent with Reclamation's Dcc:cmbcr 1997 draft "Programmatic Environmental Assessment for Proposed Rwe Making fur Off~h....m Storage of Colorado River . Water and Interstate Redemption of Storage Credits in the Lower Division States" (DPEA). That dOCwnenl states in several places that "without the nile, neither Nevada or California entities would be able to participllte in the interstate component of the A WBA [Arizona Water Banking Authority) Act and enter into interstate agreements with Arizona. However. without the rule, it is poSSIble that offstream storage credits could be developed between California and Nevada." Furthermore, the Colorado River Board ofCalifurnia's suggested focus the Proposed Rule is in-line with the specificity ofReclamation's past rules tbat were promulgated to address a specific need. For example the Rules of Conduct at Hoover Dam (Title 43, CFR, Part 421) do not apply to other fiu:i1itics authorized by the Boulder Canyon Project Act or other dams that receive visitors. such as Glen Canyon Dam. The Colorado River Board ofCalifomia believes tbat there has been insufficient time and discussion during tho co..u....nt period among the intereSted parties and the Department of thC Interior. By focusing the Proposed Rule on the interstate storage of Colorado River water offsueam in Arizona using the Arizona Water Bank (and thus the specific reason for the Rule), other issues can be addressed as they arise and in a timely manner.