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<br />I <br />I <br />I <br />I <br />t <br />I <br />I <br />t <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />'OTJ'O'6~3 <br /> <br />complications. Environmental needs need to be incorporated into the <br />criteria. <br /> <br />Also under Sec. 414.2, because "intentionally created unused apportionment" <br />is so ill-defined, we request that the rule be published again for comment <br />once this concept is defined. <br /> <br />It is difficult for us to accept this Proposed Rule as being for Off stream <br />Storage when you define, in Sec. V, on page 68495, indirect storage as <br />groundwater savin!;\s. You should call it what it is: water marketing and <br />exchanges and analyze it as such. <br /> <br />In Sec. VI, on page 68497, under Environmental Compliance, we believe that <br />relying solely on a case-by-case consultation with Fish and Wildlife is a <br />violation ofNE? A and prevents a cumulative analysis to occur as required. <br /> <br />Going back to the Background in the rule, page 68493, there are numerous <br />references to the Secretary's sufficient authority and broad discretion as <br />water master to operate the dams and related works in the Lower Basin in <br />compliance with federal law. This includes the Endangered Species Act. The <br />Secretary should develop a comprehensive conservation and management plan <br />whch protects the environment before implementing this Proposed Rule. All <br />transfers contemplated must be done with no adverse impact to the natural <br />environment, no additional danger to threatened or endangered species, and <br />done in such a manner that the transfers enhance prospects for species <br />recovery. Species benefit from varying seasonal flows in the river, and <br />that <br />contemplated transfers be done at times of year that do not interfere with <br />this objective. Similar language should be incorporated into guidelines for <br />implementation of the Rule, <br /> <br />Also, the language found in Sec. III on page 68494, "When it is <br />operationally feasisible to do so, United States facilities may be <br />available for use in storing, delivering, and distributing Colorado River <br />water offstream under the proposed rule to the extent that the United <br />States is fully reimbursed for relevant capital, interest, and operation <br />and maintenance costs. Approval to deliver C<?lorado River water cannot <br />obligate the Federal Government to incur extra non-reimbursable expenses to <br />store water or deliver it to a new location. Further, existing Reclamation <br />law requires adjustment in repayment terms when use of the water shifts <br />from a non-interest bearing category to an interest-bearing category, such <br />as from agriculture use to municipal and industrial use. Additionally, if <br />pumping power is needed to affect a given transaction, the parties to the <br />transaction must provide or pay for such power, and may have to secure it <br />from non-Federal sources.", should be binding by incorporation into the <br />