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Last modified
1/26/2010 2:17:07 PM
Creation date
10/12/2006 12:52:54 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.400
Description
Colorado River Basin Briefing Documents-History-Correspondence
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
10/1/1999
Author
DOI-BOR
Title
Programmatic Environmental Assessment-Rulemaking-Offstream Storage Colorado River Water - Development-Release Intentionally Created Unused Apportionment - Lower Division States - Appendix H-Section II
Water Supply Pro - Doc Type
Report/Study
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<br /> <br />nOM 78 <br /> <br />Nevada Comments on <br />Proposed Off stream Storage Rule <br />April 3, 1998 <br /> <br />It is important that reliance and investment on such a scale be as secure as possible. A <br />failure by any participant to perform as promised would cause a commensurate shortage with <br />serious consequences for the region's population. <br /> <br />The Secretary, as watermaster of the lower Colorado River, will have a key role in <br />implementation of the Interstate Storage Agreement. While his role might be loosely described as <br />"making available intentionally created unused apportionment to the Authority", more precisely <br />the Secretary will take four distinct actions: <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />r <br /> <br />(I) Delivering the water to be stored to an entitlement holder in the Storing State <br />under a section 5 contract, <br /> <br />(2) Detennining that unused apportionment has been or will be created pursuant to the <br />Interstate Storage Agreement and decreasing deliveries to the Storing State' <br />accordingly, <br /> <br />(3) Releasing water for use in Nevada pursuant to article ll(B)(6) of the Decree, and <br /> <br />(4) Delivering the water to the Authority pursuant to its section 5 contract. <br /> <br />The first step involves honoring an existing section 5 contract. The second step involves a <br />factual detennination made within the context of a new contract, the Interstate Storage <br />Agreement. Either unused apportionment that otherwise would not exist has been created (or the <br />mechanism for its creation is in place) or it has not. Ifit has been created or the mechanism for <br />creation is in place, then the Secretary is to take the third and fourth actions. <br /> <br />The third step - releasing intentionally created unused apportionment - would be left <br />uncovered by contract under the proposed rule. On the other hand, the fourth step - delivery to <br />the Authority of any unused apportionment released for use in Nevada - is already provided for <br />in the Authority's existing section 5 contract. In short, under the proposed rule, there would be a <br />gap in what ought to be a contractual continuum. <br /> <br />There are compelling reasons for this gap to be filled by a contractual commitment by the <br />Secretary to release intentionally created unused apportionment, thereby linking creation of <br />Arizona unused apportionment under the Interstate Storage Agreement to the section 5 contract <br />to deliver to a Nevada entity. Without such a contract, whether the rule will continue to provide <br />for release ofintentionaIIy created unused apportionment for use in Nevada - and indeed the <br />continuing viability of a previously approved Interstate Storage Agreement - remains in any <br />future Secretary's discretion. <br /> <br />3 <br /> <br />;Q10155.4 <br />
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