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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 /> <br />000490 <br /> <br />Nevada Proposed Version of <br />Offstream Storage Rule <br />April 3, 1998 <br /> <br />(d) Delivery of intentionally created unused apportionment. The Secretary shall <br />determine whether necessary actions have been or will be taken pursuant to this part and the <br />Interstate Storage Agreement to develop the requested amount of intentionally created unused <br />apportionment. Upon a positive determination, the Secretary shall release the requested amount <br />of intentionally created unused apportionment pursuant to Article IT (B) (6) of the Decree for use <br />in the Consuming,State and delivery to the authorized entity in the Consuming State consistent <br />with the BCP A and all other applicable laws. Such intentionally created unused apportionment <br />shall be released only for use in the Consuming State and delivered only to the authorized entity in <br />the Consuming State and will not be made available to other contractors or Federal entitlement <br />holders as it will not be part of their entitlements. <br /> <br />( e) Assignment. Interstate Storage Agreements may be assigned in whole or in part to <br />authorized entities upon the agreement of the parties to the Interstate Storage Agreement an'd <br />upon the approval by the Secretary consistent with the requirements of paragraph (b) of this <br />section. <br /> <br />(f) Contract for release of intentionally created unused apportionment. Concurrent with <br />his approval of an Interstate Storage Agreement, the Secretary will enter into a contract with such <br />authorized entities in the Consuming State and in the Storing State as may be appropriate <br />pursuant to which the Secretary will commit to release intentionally created unused <br />apportionment pursuant to Article IT (B) (6) of the Decree for use in the Consuming State and for <br />delivery to the authorized entity in the Consuming State in accordance with the provisions of the <br />Interstate Storage Agreement. <br /> <br />Sec. 414.4 Reporting requirements and accounting under Interstate Storage Agreements. <br /> <br />An authorized entity in a Storing State will annually report to the Secretary, by a date to <br />be agreed upon by the parties and the Secretary, the quantity of water diverted and stored during <br />the prior year pursuant to an Interstate Storage Agreement, the faciIity(ies) in which the water is <br />stored, and the total amount of water in storage pursuant to the Interstate Storage Agreement as . <br />of December 31 of the prior calendar year. Water will be accounted for, in the records maintained <br />by the Secretary under Article V of the Decree, as a consumptive use in the Storing State for the <br />year in which it is stored. The Secretary will maintain individual balances of the amount of <br />intentionally created unused apportionment that may be requested by the authorized entity in a <br />Consuming State under Interstate Storage Agreements. The balances will be reduced when <br />intentionally created unused apportionment is developed in a Storing State pursuant to an <br />Interstate Storage Agreement and released for delivery to an authorized entity in a Consuming <br />State. In the records maintained by the Secretary under Article V of the Decree, the taking of <br />unused apportionment for use in a Consuming State by the authorized entity in accordance with <br />an Interstate Storage Agreement will be accounted for as consumptive use by the Consuming <br /> <br />6 <br /> <br />0206ll26.8 <br />