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I' I I I I I I I I I I I I I 0005 J1.. COLORADO RIVER INDIAN TRIBES Colorado River Indian Reservation ROUTE 1, BOX23-B PARKER ARIZONA 853:t-4~___ P' TELEPHONE (602) 669-9~f 1, .:'. 1 ..Ir.{ I" March 25, 1998 ;_'c, : s<:-'. .. .._-----~-~ - 'It:: ~f'~', i .::.R 23 ;gsa 1 i ---,,-_.- - '--'--". '. ,- Mr. Dale Ensming~r Boulder Canyon Operations Office Bureau of Reclamation P.O. Box 61470 Boulder City, Nevada 89006-1470 :_' ''f/1 (J"ci.;:ClO('!j- . Gf:L.- - 444 3 .1:". PP .. PO ...._..... __ou."-'. Subject: Proposed Rule for Offstream Storage of Colorado River Water. -. .,r _~...._-... Dear Mr. Ensminger, " ......-.-..-.--..-... 1 .--'-"-'--- The Colorado River Indian Tribes (CRIT) Water Resources Department has reviewed the above- referenced document (Proposed Rule) and can provide the following comments: CRIT supports the concept of water banking and the ability of entitlement holders to store their unused and surplus water for either their own use during shortage or marketing to other users. CRIT also supports the concept of interstate marketing of unused and surplus water. CRIT appreciates the specific attention made in the Proposed Rule to Indian Tribes and the Tribes present perfected rights. As is well-known, the Tribes perfected rights are separate and apart from the State water delivery contracts and are not to be impaired by the Secretary's delivery of water to each State under those contracts. Since this Proposed Rule is only applicable to State-authorized entities, it follows that it must only be applicable to entities that the States control or those that the States recognize as independent of State control but still able to deal with the States. in this regard, CR.Ji would encourage the States to recognize the Tribes as "authorized entities" so that the States may deal with the Tribes. CRIT is concerned that some definitions and positions taken in this Prqposed Rule may set an adverse model for the Secretary's future dealings with the Tribes. Of particular concern is the term "intentionally created unused apportionment" and the concept that one State will release it's water for use in another State, also called "forbearance". CRIT supports the concept that an entitlement holder can intentionally decide to use less water and either store or market that water. In the case of the Tribes, their perfected rights are diversion rights. this means they have a set right and can only divert up to a certain amount of water from the River. It is, therefore, relatively easy for the Tribes to voluntarily reduce their diversion and allow that specific amount of water to be used elsewhere. It is a straight-forward and easily