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04/03/98 10:12 FAl 619 299 3450 ,., SDCWA GH 000631 1Q003 Bureau of Reclamation Administrative Record A TIN: Mr. Robert W. Johnson, Regional Director April 3, 1998 Page 2 Assuming that a primary purpose of the proposed rule is to facilitate voluntary water transfers to areas which have come to rely on the River for its water supply but now face impending shortages, it is important that the rule not be restricted in a manner that would frustrate that purpose. The Authority sees the proposed rule as another opportunity for the San Diego region to meet its future water needs, and we think other entities in California could also benefit Based on these considerations, the definition of an "authorized entity" in a Consuming State should be written to encourage, not restrict, participation. Our understanding is that the interested states and potential participants generally agree that the definitions of "authorized entity" for the Storing State and Consuming State should be separated, and that the rule not raise unneeded barriers to qualification as a Consuming State "authorized entity". Therefore, the Authority recommends that the definitions of 'authorized entity" for the Storing and Consuming States be separated and that the definition as to a Consuming State be as follows: l I I I I I I I I l I "Authorized entity means ... (2) as to a Consuming State, an entity having the power pursuant to applicable laws of that state to enter into tnterstate Storage Agreements.. At the March 27 public meeting conducted by Reclamation in Ontario, California. a Reclamation representative remarked as an example that San Diego, if it qualifies as an "authorized entity", would have an opportunity under the proposed rule to participate in an Interstate Storage Agreement. The representative further said that if a contract for delivery of the water were required pursuant to Section 5 of the Boulder Canyon Project Act, the Secretary could enter into such a contract to provide the water as available under the storage agreement We believe that position to be legally correct and clearly the right public policy in light of the general purposes of the proposed rule. Again, we appreciate the Secretary's efforts to find solutions to the impending shortages on the River, and look forward to working with Reclamation on this and other opportunities, Very truly yours, co: Colorado River Board Member.; Colorado River Board Agency Managers 1:\l:tl1.l(.OOC ~~~ Maureen A Stapleton General Manager