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<br />------.......-..,....- <br /> <br />~ <br /> <br />- <br /> <br />"- .'- ~ <br /> <br />35062 <br /> <br />Federal Register I Vol. 46. No. 128 I ~Ionday. July 6. 1981 I Notices <br /> <br />judicia] nor the executive branch of <br />State government bas discretionary <br />aUlhority over the type. place. or <br />quantify of use. The remainins Upper <br />Basin Stales. howe\'er, use II permit <br />system in which the State Engineer must <br />approve the right to appropriate water, <br />Here. the State Engineer may deny an <br />application if it is detennlned to be <br />contrary to the "public interest." <br />All Upper Basin States (1) allow water <br />rights to be claimed as of the dale the <br />application was received. even though <br />aclual use is deferred fen a period of <br />years: 12l anow for the transfer of a <br />water right [rom one use to another, one <br />owner to another, or one location to <br />another. and 131 disallow instream now <br />use as a basis for granttng a private <br />waler right. Only Colorado law Includet <br />instream now uses and provides for <br />State acquisition of a water right In an <br />amount necessary "to preserve the <br />nalural environmeotto a reasonable <br />degree." <br />State laws governing the <br />appropriation of groundwater have <br />similarities, Colorado's procedures are <br />probably the mostlltringenl. <br />Groundwater in Colorado is classified <br />as eHher tributary or nontributary. <br />Because tributary groundwater II <br />hydraulically connected to a surface <br />stream. it is included in the statutory <br />definition of a natural stream and <br />admInistered under the surface priority <br />s)'stem. Nontributary groundwater. <br />which is found in confined formations <br />often under artesian pressure, is <br />administered by Ihe State Eogin~r <br />through a pennil system that limits the <br />amount of annual withdrawnl to 1 <br />percent of the water In storage below <br />the applicant's property. <br /> <br />3. Federal and lndian Reserved <br />Rights. Title 10 varioU-.S quantities of <br />water il currently held by the Federal <br />Go\'emment Bnd B number of Indian <br />tribes under the ~al principles of <br />Federal reserved waler rights. Because <br />these reserved rights are generally not <br />being used. current water availabnity is <br />little affected. Future tellerved right <br />claims and awards could. however, <br />affect the a\'ailability of water for other <br />purposes. <br />4. Environmental Regulatory Lows <br />and Programs. A number of Federal <br />laws and programs, although oot <br />directly im.olved with water allocation <br />and use, indirectly affect potential <br />development and/or its associated <br />water impllcations. 1nOfie most <br />pertinent to synfuels development In the <br />Region are: <br />(1) Fish and Wildlife Coordination Act <br />(P.L 85-ZM) <br />(2) National Wild and Scenic Rivers <br />Act (P.L 90-542) <br />(3) Endangered Species Act (P.L. 9:1- <br />205) <br />(4) WildemeSJ Act (P.L 88-577) I <br />15) Clean Water Act (P.L. 92-500. liS <br />amended by PL. 9~217). <br />10 addition to the foregoing, the seven <br />States of the Colorado River Basin have <br />adopted a foinl objective of maintaining <br />salinity in the lower main stem of the <br />Colorado River at or below the average <br />value found dwing_ll172. while <br />continuing to develop their compact. <br />apportioned waters. Numeric salinity <br />criteria have been approved by each of <br />the 'slates and the U.S. Environmental <br />Protection Agency at three downstream <br />locations, Although subject to change. <br />the criteria palle oonslraints on water <br />use and developmenlln the Upper <br /> <br />Table 3.-$ynthetit;Fuo/s ~(PlIttsms-2000 <br /> <br />Basin. The average normal salinity <br />levels not to be exceeded are 723 mg/I <br />below Hoover Dam, 747 mg/I below <br />Parker Dam, and 879 mgl1 below <br />Imperial Dam, all in the Lower Colorado <br />Basin.. <br />V. Water Requirements for Synfuels <br />De\.elopment <br />Estimated demands on Regional <br />energy resoun:es were developed by <br />DOE through disaggregation of the <br />nalional energy demand forecasts for <br />the years 1985 and 2000. Two levels of <br />synthetic fuels development In the <br />Region were forecast-a baseline and <br />an accelerated development level. The <br />baseUne case was based on the <br />principal assumption thet synfuels <br />development would proceed according <br />to a "huslneu al usual" pace. The <br />accelerated case was based 00 the <br />assumptions that: synfuels development <br />would substilule for II greater portion of <br />domestic ges and oil and reduce foreign <br />Imports: would have-Federal financial <br />support; would have an optimistic <br />degree of success in early market <br />penetration: and production cosls would <br />make the product competitive, <br />A. Patterns of Synfuels Dei"elopment <br />Hypothetical aiting patterns were then <br />developed for the projected le\'els of <br />development according to localion of oil <br />shale and coal deposits and waler <br />availability. Table 3 shows lha projected <br />siting for tbe year ZOOO for the baseline <br />and accelerated case projections. <br />Information for 1985 bas been excluded <br />because of Ihe small scale of projected <br />development and its relative <br />unimportance to the overall quesllons of <br />water supply adequacy and water- <br />related impacla. <br /> <br />~_."'-1I." <br /> <br />-- <br /> <br />-- <br />"'"' <br />~dIyl <br />t.;: ~ <br /> <br />"'" <br />.......,. <br />~OCfJdWI <br /> <br />00_ <br />- <br /> <br />00_ <br />-- <br /> <br />'- <br />,. <br /> <br />':r: <br /> <br />--- <br />v_",,"- <br />-- <br />-... <br />IAM'I._..,. <br />Upp<<~_""'Sl____. <br />l_~_ <br />s..........~_ <br />-- <br />-...... <br /> <br />(I 25Q Z5../lal <br />. , , <br />, ''''''' <br />(l (l ~50.ClOO <br />(I (I 2OO00D <br />. , , <br /> <br />. '" l.oo,'~ <br />, '" . <br />, , ''''''''00 <br />, , ...- <br />'" , ...- <br />, '" , <br />. ,~ , <br />, 1.410 . <br />'" ,... 2.4400,.'50 <br /> <br />, <br /> <br />(I '87& (I <br />".,0 (I <br />(12._ l.soo.ooo <br /> <br />.- <br />'~_"I'--*'\J__f~.."'_",-..ww-. <br />