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t I I I I I I I I '5'303 886 447b 0 0 4 61 CWCB -----._-- 1aI004 . 04/03/98 10:42 "Law of the: Colorado Riva" and not to change or broaden that body of law. If this is not the case, we want immediate notification. Colorado is concerned that certain language in the proposed rule may be interpreted or viewed in ways that are conttary to existing law. Therefore, we otra the following suggestions to clariry the proposed rule and make it more precise. First, the proposed rule should provide that no more than the 7.5 maf apportioDl:d to the Lower Division Stares from the: mainstem Colorado is allowed in any year undc:r "normal" hydrologic conditions. The proposed wle: should clearly provide that it is limited to the use of mainstem Colorado River water in the Lower Basin. The Lower Division States sba1I not develop a long-term dependence on the "umJSed apportionment" and "surplus. supplies that are OIlTcntly available: and which may be .,hli"M under this role. Lastly, the rule should specifically state that operations under the proposed rule will not adversely impact water supplies currently available to the Upper Basin. Wilhin these general guidelines, we offer the fonowing specific comments. Page 68493. Section n. Background. 1st column. 1st DaralmlDh: The oarrative incorrectly stales. "The compact Milled the Colorado River Basin and divided the seven states into two basins, an upper and a lower." The Compact did not divide the SUites but rather the basin into two subbasins. an upper and a lower. The compact did go on to specify which stares are "upper division states" and which are "lower division stares. . Page 68493. Section n. Background. 1st column. 1st DaralmIDh: The nanative incom:ctly states. "Under the compact, 'coIlS1lUlptive use' means diversions of water from the mainstem of the Colorado River. including water drawn from the mainsrf:m by underground pumping, less return flow to the river.. The Compact does not define consumptive use. The definition above refers 10 consumptive use as defined in the Arizona v. California decree. The exact language used in Article I.(A) of the Arizona v. CalifornW decree should be substituted and used throughout the proposed rule when referring to a definition of consllIllptive use. Pa2e 68493. Section m. PufJIose of this Rule. 3rd colwnn. 1st {IaraJ!Tanh: This paragraph describes "authorized entities" allowed to enter into interstate water storage agrecm",nt<: and what they are allowed to do pursuant to applicable Jaws of the Lower Division states. We believe it important to acknowledge hen: that the apportionments of Colorado River water are specifically made to the individual staWL Therefore, it is important for the sUites to specifically designate the "authorized entities>> entitled to enrer into intemate storage agreements in some fashion. Withoul specific authorizaIions, we are concerned that it will be difficult for an;y state or the SecretaIy to assure that water usage remains within a state's apportionment during any given year. Also, we see no need for item (4), as it seems covered by lhe first three. Page 2of7 .