WSP05136

• 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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Nevada Proposed Version of
Off stream Storage Rule
April 3, 1998

APPENDIX A

PART 414--0FFSTREAM STORAGE OF COLORADO RIVER WATER AND CREATION
AND DELIVERY OF INTENTIONALLY CREATED UNUSED APPORTIONMENT IN THE
LOWER DMSION STATES

Sec.
414.1 Purpose.
414.2 Definitions.
414.3 Interstate storage agreements.
414.4 Reporting requirements and accounting under Interstate Storage Agreements.
414.5 Water quality.
414.6 Environmental compliance.

Authority: 43 US.C. 617; 43 US.c. 391; 43 V.S.C. 485; 43
US.C, 1501; 5 D.S.C. 553; 373 US. 546; 376 U.S. 340.

Sec. 414.1 Purpose.

This part sets forth the procedural framework for approval by the Secretary of the Interior
of interstate agreements for the off stream storage of Colorado River water in the Lower Division
States consistent with State law. In accordance with the Secretary's authority under Article II (B)
(6) of the Decree entered March 9, 1964 (376 U.S. 340), in the case of Arizona v. California, et
al. as supplemented and amended, this part also includes the framework for the Secretary to
release intentionally created unused apportionment for use in other Lower Division States
pursuant to Interstate Storage Agreements. This part does not address intrastate storage or
distribution of water not subject to an Interstate Storage Agreement.

Sec. 414.2 Definitions.

The following definitions, listed alphabetically, apply to this part:

Authorized entity means (l) as to a Storing State, a State water banking authority or
other entity expressly authorized by the laws of that state to enter into Interstate Storage
Agreements, and (2) as to a Consuming State, an entity having the power pursuant to applicable
laws of that state to enter into Interstate Storage Agreements.

Basic apportionment means the Colorado River water apportioned to each Lower
Division State when sufficient water is available for release, as detennined by the Secretary of the
Interior, to satisfY 7.5 million acre-feet (mat) of annual consumptive use in the Lower Division

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