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<br /> <br />OOO~86 <br /> <br />Nevada Proposed Version of <br />OlTstream Storage Rule <br />April 3, 1998 <br /> <br />States. The annual basic apportionment for the Lower Division States is 2.8 maf of consumptive <br />use for the State of Arizona, 4.4 maf of consumptive use for the State of California, and 0.3 maf <br />of consumptive use for the State of Nevada. <br /> <br />Colorado River water means water in or withdrawn from the mainstream. <br /> <br />Consuming State means a Lower Division State where intentionally created unused <br />apportionment will be used. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I. <br /> <br />Consumptive use means diversions from the Colorado River less such return flow to the <br />river as is available for consumptive use in the United States or in satisfaction of the Mexican <br />treaty obligation. Consumptive use from the mainstream within the Lower Division States <br />includes all consumptive use of water from the mainstream, including water drawn from the. <br />mainstream by underground pumping. The Mexican treaty obligation is set forth in the February <br />3, 1944, Water Treaty between Mexico and the United States, including supplements and <br />associated Minutes of the International Boundary and Water Commission. <br /> <br />Contractor means any person or entity in the States of Arizona, California, or Nevada <br />who has a valid contract or agreement with the United States for the delivery of Colorado River <br />water. <br /> <br />Decree means the decree entered March 9, 1964, by the Supreme Court in Arizona v. <br />California, et a1., 373 U.S. 546 (1963), as supplemented or amended. <br /> <br />Entitlement means an authorization to beneficially use Colorado River water pursuant to: <br /> <br />(1) A decreed right, <br /> <br />(2) A contract with the United States through the Secretary, or <br /> <br />(3) A reservation of water from the Secretary. <br /> <br />Federal entitlement holder means a Federal agency or Indian tribe identified in Article <br />II(D) of the Decree as having an entitlement fur the beneficial use of Colorado River water. <br /> <br />Intentionally created unused apportionment means unused apportionment that is created <br />solely as a result of, and that would not exist except for, implementation of an Interstate Storage <br />Agreement. <br /> <br />Interstate storage agreement means an agreement, consistent with this part, that provides <br />contract terms for offstream storage of Colorado River water in a Storing State, the subsequent <br /> <br />2 <br /> <br />#208826.8 <br />