Laserfiche WebLink
<br />r <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />. <br /> <br />01HJ5Cl2 <br /> <br />Propose Rule - Page 2 <br />March 25, 1998 <br /> <br />verifiable matter to then account for this clearly defined quantity of water. This voluntary <br />reduction in a specific diversion right must be recognized as a method for creating unused <br />apportionment. How the Tribes choose to create and accommodate to this reduction in their <br />diversion right is the Tribes responsibility and should not be controlled in any way by non-tribal <br />interests. <br /> <br />With regard to "forbearance", CRIT is very concerned about who can forbear for whom. The <br />right to allow another to use your rights belongs only to the right holder. The States do not have <br />the ability to control a present perfected right holder's ability to forbear. There must never be <br />created a situation where a Tribe agrees to forbear use of a quantity of their water, and thereby <br />intentionally create unused apportionment, and a State disagrees and uses that water. Forbearance, <br />or release of water for use in another State, must clearly rest with each right holder only and <br />must not be voidable or usurpable by any other entity. <br /> <br />CRIT recognizes that this Proposed Rule will give non-tribal water users an increased ability to <br />use unused Tribal water. This increased advantage must be balanced by a complimentary <br />advantage for the Tribes to make full use of their water rights. CRIT appreciates the Secretary's <br />recognition of this problem and looks fOlWard to the States proposals regarding Tribal <br />participation in water banks as well as the Tribes equal position in storing and transfening water <br />as the Tribes' needs demand. <br /> <br />Sincerely, <br /> <br />~5.~ <br /> <br />Gary B. Hansen, Director <br />Water Resources Department <br />