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04/03/98 10:43 ti'303 866 44~ \10"4'$ ~ CWCB 1i!l006 I I I I I I I I I --- 'Law of the Colorado River', Water users shall not be entitled to develop a long-term reli~lJce on supplies that become temporarily available UJHIer this nde beyond the provisions of specific interstate water storage agreements approved by the Secretary. All sr~ltes should plan upon living within th~ apportionments made to them under the 'Law of the Colorado River' . . Pal!:e 68495. Section V. Section bv section 8J!3lvsis of the Puxvosed Rule. Section 414.2 Definitions. in the 2nd column. 2nd n3mPJ'3Dh: Again. we see no need for item (4). as it seems covered by the first three, Fal!:e 68495. Section V. Section bv section ~n~lvsis of the Pumosed Rule Section 414.2 Definitions. in the 2nd column. 2nd namtmmh: This paragraph encourages the Lower Basin States (0 define the temI .authorized entity" broadly. We agree Iha1 benefits should occur to as many entities as possible with legitimate needs. Again, we emphasize that the apportionments are to individual states and therefore hJtl;..~LUe water storage agreements should be stare-to-stare agreements as previously discussed. Each state can authorize entities as they choose to participate in agreements. However. u1tiJnat1;ly all entities and entitlement holders must live within a state's apportionment. It may be that separate definitions are Iequircd for ~storiIJg entities" and ~collS\lming entities" in order to satisfy the range of viewpoints expressed at the March 27. 1998 public meeting. Pa~e 68495. Section V. Section bv section ~nalvsis of the Pumosed Rule. Section 414.2 Definitions. in the 2nd column last DaralmlDh: The Department of Interior seeks comment on the issue of whether or not the final definitiOn of "intentionally created llIDlsed apportionmcm" should specify the types of measures or actions the Secretary would approve as intentiOnally creating unused apportionment. At this time there is only one authorized storing entity. the Ari:roIJa Water Banking Authority (AWBA). The AWBA identifies only one way of creating "intentionally created unused apportionment, . that is by the Storing State using water previously stored pursuant to an interstate water storage agreement in place of water that would otherwise be diverted by the Storing State from the Colorado River. This is the only m....p,mi"lll n:cognized in the proposed role, but the proposed role never specifies this is the only one allOwable. Although other mec""ni~mg, such as land fallowing or the forbealance from use of entitlement not previously exercised. could be used. no guidelines. limitations Of details have bt:en established in the proposed rule. Therefore. we believe it appropriate to limit the mechanism for creating "intentionally created nnnyrl apportiomnent" to only the one discussed in the proposed rnle at this time. We are comfortable viewing the proposed rnle as a first step that may ultimately be amended to contain additional mechanisms once the ground rules for utilizing thOse additional me<'h~n;"'IIS have been established. However, we see no need to delay the Page 4 of7