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<br />. <br /> <br />Section 1. <br /> <br />Allocation of Unused Basic Apportionment Water under Article <br />II(B)(6) <br /> <br />A. Introduction <br /> <br />Article II(B)(6) of the Decree allows the Secretary to allocate water that is <br />apportioned to one Lower Division State, but is for any reason unused in thai State, to <br />another Lower Division State. This determination is made for one year only and no <br />rights to recurrent use of the water accrue to the state that receives the allocated <br />water. Historically, this provision of the Decree has been used to allocate Arizona's <br />and Nevada's apportioned but unused water to Californa. <br /> <br />Water use projections made for the analy.;is of these interim Guidelines iooicate that <br />neither Catifornia nor Nevada is tikelyto have significant volumes of apportioned but <br />unused water during the effective period of these Guidelines. Depending upon the <br />requirements of the Arizona Water Banking Authority (A WEA) for intrastate and <br />interstate Off-Stream Banking, Arizona may have significant affi)unts of apportioned <br />but unused water. <br /> <br />B. Application to Unused Basic Apportionment <br /> <br />. <br /> <br />Before making a detennination ofa surplus condition under these Guidelines, the <br />Secretary will determine the quantity of apportioned but unused water from the basic <br />apportionments under Article J1(B)(6), and will allocate such water in the following <br />order of priority: <br /> <br />I. <br /> <br />Meet the Direct Detivery Domestic Use requirements of MWD and Southern <br />Nevada Water Authority (SNW A), allocated as agreed by said agencies; <br /> <br />2. <br /> <br />Meet the needs for Ofi:stream Banking activities in California by MWD and in <br />Nevada by SNW A, allocated as agreed by said agencies; and <br /> <br />3. <br /> <br />Meet the other needs for water in California in accordance with the California <br />Seven-Party Agreement as supplemented by the Quantification Settlement <br />Agreement. <br /> <br />. <br /> <br />20 <br />