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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 /> <br /> <br />UOU'i ;j'( <br /> <br />, <br /> <br />Nevada Proposed Version of <br />Offstream Storage Rule <br />April 3, 1998 <br />Compared to Original Proposed Rule <br /> <br />or will be developed that would not otherwise exist and tl.M the: !ll:ltft6riua e:fitit) -:Jill I'<:CJI1(;3t tl.e: <br />Seerctary t5 mak<: a'>'!lilllbk tl.at qlllllltit) 6f Cel15.utI5 Ri, e:r II'ftter fur 1l3e: ifi tile: C6fi31lming <br />State: the auantitv and the means and the entitv bv which such unused aDPortionment h~ <br />been or will be developed. and that the Secretarv is reauested to release that auantitv of <br />intentionallv created unused aPDortionment pursuant to Article 1I(~)(6) ofthe Decree t6 <br />reaeem 3t61'l1ge eredits. for use. and deliverv to the authorized entitv in. the Consuminl!' <br />State. . <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 />(I 0) IdentifY the extent to which facilities constructed or financed by thf< <br />United States will be used to store, convey, or distribute water associated with an Interstate <br />Storage Agreement. <br /> <br />ll!l Specifv a procedure for verification of the intentional creation of <br />unused aDDortionment aDDroDriate to the manner by which it is created. <br /> <br />(b) ADDroval bv tlte Secretary. A reauest for aDProval of an Interstate Storal!'e <br />Al!'reement shall be made in writinl!' to the Secretarv. The reauest will be acknowledl!'ed j.2 <br />writiol!' by the Secretarv within 10 business days of receipt. The reauest shall include cODies <br />ofthe proDosed(b) f'1'1'r5 ,III by the Seeretm:y. A reqtle:3t f8r lIflpre.1I! 8f lIIl Interstate Storage <br />Agreement 3helllld be made in ,<riting t8 the: Seerctllry. The reCJ1:le3t ..ill be ael::n,n,ledged ifi <br />writil.g by the See:retary ,.itl.ifi 10 b1l3ifie33 aay 3 8f reeeipt. The reqtle3t 3116111a ihd1:lde e81lies 5f <br />the pf5p53ea inter3tllte agreer.lellt and any additional supporting data tftllt necessarY to clearly <br />set forth the details of the proposed transaction. In reviewing the proposed interstate agreeruent <br />Interstate Storal!'e Al!'reement, the Secretary will consider, among other relevant factors: <br />applicable law; applicable contracts; potential effects on trust resources; potential effects on <br />"ater rights Colorado River entitlement holders, including contractors, Federal entitlement <br />holders, Indian and non-Indian PPR holders, and other Indian tribes; potential effects on third <br />parties; environmental impacts and effects on tjrreatened and endangered species; comments <br />from interested parties, particularly parties who may be affected by the proposed action; and <br />other relevant factors, including the direct or indirect consequences of the proposed Interstate <br />Storage Agreement on the financial interests of the United States. The Secretary will respond to <br />the request within 120 days. However, if the proposal involves significant environmental <br />compliance activities or other issues such that 120 days is an insufficient period in which to <br />respond, the Secretary will communicate this to all parties to the proposed request and set out a <br /> <br />6 <br /> <br />#212129.2 <br />