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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From:
To:
Date:
Subject:

Jennifer Cordua <[e-mail]>
ibr3dmJ.0. IBR3SMTP ("bjohnson@lc. usbr .gov")
4/3/98 J.2:45pm
attn:ACJ.006-AA40

4PR 0 3 '1991{

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April 2, J.998

DT:

4/.3

P-2:E.

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TO: Mr. Dale Ensminger
Boulder Canyon Operations Office
Bureau of Reclamation
PO Box 6J.470
Boulder ~ity, NV 89006-J.470

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FR: Jennifer Cordua
UC Davis Law Student
2317 Portsmouth Drive
Lodi, California 95242
[e-mail]

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RE: Comments on Proposed Rules for Offstream Storage of Colorado
River Water

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ATTN: ACJ.006-AA40

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These comments address four aspects of the Proposed Rules: (J.)
the definition of authorized entities, (2) the definition of
intentionally created unused apportionment, (3) the type of water that
can be stored, and (4) the enforceability of interstate storage
agreements.

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J.. THE DEFINITION OF AUTHORIZED ENTITIES

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The proposed rules defer to the role of state law in authorizing.
which entities will be allowed to participate in interstate storage
agreements. However, it is unclear exactly what type of lIexpress
state authorization" is required for an entity t.o become an authorized
entity. Is legislative authorization required? If the intent of the
Rules is to prohibit.entities who hold entitlements (such as
Metropolitan Water District) but fail to get express state government
authorization (such as from California's Colorado River Board) to
participate in interstate storage agreements, the Rule should be more
clear in this regard.

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Also, the definition of authorized entities precludes Native
Americans with reserved rights to Colorado River water from
participating directly in interstate storage agreements. Due to the
sovereign nature of tribes, state authorization is arguably
inapplicable to their participation. The rules should clarify the
extent to which tribes can participate in interstate storage
agreements.

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As written, the definition
such entity hold entitlements to
definition appears too limiting.

of authorized entity requires that
Colorado River water. This
Some state authorized entities, such

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i./.Li43 .