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<br />I. <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />00048\3 <br /> <br />Nevada Proposed Version of <br />OfT stream Storage Rule <br />April 3, 1998 <br /> <br />(9) IndemnifY the United States, its employees, agents, subcontractors, <br />successors, or assigns from loss or claim for damages and from liability to persons or property, <br />direct or indirect, and of any nature whatsoever arising by reason of the actions taken by the <br />United States in accordance with this part. <br /> <br />(10) IdentifY the extent to which facilities constructed or financed by the United <br />States will be used to store, convey, or distribute water associated with an Interstate Storage <br />Agreement. <br /> <br />(11) SpecifY a procedure for verification of the intentional creation of unused <br />apportionment appropriate to the manner by which it is created. <br /> <br />(b) Approval by the Secretary. A request for approval of an Interstate Storage Agreement <br />shall be made in writing to the Secretary. The request will be acknowledged in writing by the <br />Secretary within 10 business days of receipt. The request shall include wpies <br />of the proposed Interstate Storage Agreement and any additional supporting data necessary to <br />clearly set forth the details of the proposed transaction. In reviewing the proposed Interstate <br />Storage Agreement, the Secretary will consider, among other relevant factors: applicable law; <br />applicable contracts; potential effects on trust resources; potential effects on Colorado River <br />entitlement holders, including contractors, Federal entitlement holders, Indian and non-Indian <br />PPR holders, and other Indian tribes; potential effects on third parties; environmental impacts and <br />effects on threatened and endangered species; comments from interested parties, particularly <br />parties who may be affected by the proposed action; and other relevant factors, including the <br />direct or indirect consequences of the proposed Interstate Storage Agreement on the financial <br />interests of the United States. The Secretary will respond to the request within 120 days. <br />However, if the proposal involves significant environmental compliance activities or other issues <br />such that 120 days is an insufficient period in which to respond, the Secretary will communicate <br />this to all parties to the proposed request and set out a schedule by which such work will be <br />completed or such issues resolved. In that case, the Secretary will render a decision within 90 <br />days of completion of the environmental compliance activities and resolution of other issues (if <br />applicable). Where necessary to authorize the diversion of Colorado River water required for <br />implementation of the Interstate Storage Agreement, the Secretary will amend existing, or execute <br />new, water delivery contracts under Section 5. of the Boulder Canyon Project Act. <br /> <br /> <br />(c) Stored water. An authorized entity in the Storing State will account for the water <br />diverted and stored offstream under an Interstate Storage Agreement and, after receiving a notice <br />of a request for release of intentionally created unused apportionment, the authorized entity in the <br />Storing State will certifY to the Secretary that sufficient water has been stored for the Storing <br />State to support the creation of the requested amount of intentionally created unused <br />apportionment. <br /> <br />#208820.8 <br /> <br />5 <br />