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<br />. <br /> <br />XI. <br /> <br />Implementing The Decision <br /> <br />l. Allocation of Colorado River Water - Basic Apportionment <br /> <br />Article 1I(B)(6) of the Decree authorizes the Secretary to release a lower division state's <br />apportioned but unused water for consumptive use in another lower division state, bul provides <br />that no rights to the recurrent use of such apportioned water shall accrue to any state by reason of <br />its previous use. The Decree leaves it to the Secretary to determine how any such unused <br />apportionrrent shall be allocated, and to make such determinations eitrer annually, or for a more <br />extmded period, though in neither situalion can the Secretary's pohey create a right in any state <br />to the future use of such unused apportionrrent. In the course of establishing Interim Surplus <br />Guidelines for the lower division states, the Secretary has determi~d that in order to make an <br />accurate assessment of the amount ofwarer available and reasonably needed to meet annual <br />consumptive use in the lower division states, it is desirabe to know in advance to which users, <br />and for which uses, any unused apportionrrent will be made available. The Sea'etary is therefore <br />including within the Interim Surplus Guidelines a statement of his intended method of distrihuting <br />unused apportiorurent that may be available during the Interim periJd. <br /> <br />2. Forbearance and ReparatiJn Arrangements <br /> <br />. <br /> <br />It is expected that Lower Division States and individual contractors for Colorado River water will <br />adopt arrangements that will affect utilization of Colorado River water during the effective periJd <br />of these guidelines. It is expected thai water orders from Colorado River contractors will be <br />submitted to reflect these forbearance and reparation arrangements by Lower Division states and <br />individual contractors. The forbearance arrangements are expected to address Califomia's <br />Colorado River water demands while the anticipated reductions in Cahfomia's Colorado River <br />water use are implemented. The reparation arrangements are expected to address the <br />circum;tance where California contrncton; would linIit their use of Colorndo River water to <br />mitigate the impacts of any declared shortage conditions on other Lower Division states. The <br />reparation arrangements are also expected to address the circumstance where the anticipated <br />reductions do not in fact OCcur and would require California rontractors to limit their use of <br />Colorado River water in order to repay the Colorado River system lOr previously stored water. <br /> <br />It is anti:ipated that MWD will enter into forbearance and reparation agreements with the State of <br />Ari2Dna and with the Southern Nevada Water Authority, which are occessary to provide for <br />forbearance of water under Article II(B)(6) of the Decree. The Secretary ffilY also, as <br />appropriate, be a party to those portions of the agreerrents concerning the allocation of <br />forbearance of water under Article II(B)(6) of the Decree. It is anticipated that trese agreements <br />will be completed no later than December 31,2001. In the event that the forbearance and <br />reparation agreements are not completed by December 31, 2002, apportionment for use of surplus <br />water shall be made according to the percentages provided in Article II(B)(2) of the Decree <br />(without prejudice to the Secretary's authority under Article II(B)(6) of the Decree) until such <br />time as the agreements are rompleted, or unlil December 31, 2015, whichever is earlier. <br /> <br />. <br /> <br />17 <br />