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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000491

Nevada Proposed Version of
OlTstream Storage Rule
April 3, 1998

State of unused apportionment in the year the water is used, the same as with any other Colorado
River water diverted by that State.

Sec. 414.5 Water quality.

(a) No guqrantee of water quality. The Secretary does not warrant the quality of water
released or delivered under Interstate Storage Agreements, and the United States will not be liable
for damages of any kind resulting from water quality problems. The United States will not be
under any obligation to construct or furnish water treatment facilities to maintain or improve
water quality standards.

(b) Water quality standards. All contractors or Federal entitlement holders, in diverting,
using, and returning Colorado River water, must comply with all relevant water pollution laws
and regulations of the United States, the Storing State, and the Consuming State, and must
obtain all applicable permits or licenses from the appropriate Federal, State, or local authorities
regarding water quality and water pollution matters.

Sec. 414.6 Environmental compliance.

(a) Ensuring environmental compliance. The Secretary will ensure that environmental
compliance is completed. The Secretary will be responsible for ensuring compliance with the
National Environmental Policy Act of 1969, as amended, and the Endangered Species Act of
1973, as amended, and will integrate the requirements of other statutes, laws, and executive
orders as required for Federal actions taken under this part.

(b) Responsibility for environmental compliance work. Authorized entities requesting
Secretarial approval of an Interstate Storage Agreement pursuant to this part may prepare the
appropriate documentation and compliance document for a proposed Federal action such as
approving an Interstate Storage Agreement. Such compliance documents must meet the
standards set forth in Reclamation's National Environmental Policy Act Handbook before they can
be adopted. All costs incurred by the United States in evaluating, processing, and/or approving an
Interstate Storage Agreement under this part must be funded by the parties to that agreement.

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