WSP06879

• File Number: 8200.400
• Description: Colorado River Basin Briefing Documents-History-Correspondence
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 10/1/1999
• Author: DOI-BOR
• Title: Programmatic Environmental Assessment-Rulemaking-Offstream Storage Colorado River Water - Development-Release Intentionally Created Unused Apportionment-Lower Division States - Appendix H-Section III
• Water Supply Pro - Doc Type: Report/Study

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State Engineer's Office;

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Hetscbler Building, 4-E Cheyenne. Wyoming 82002
(3D7) 777.7354 FAX (3D7) 777.5451
seoleg@missc.s[a[e.wy.us

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. . . JIM GERINGER ._~
GOVERNOR..

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March 25, 1998

Bureau of Reclamation
Administrative Record
P.O. Box 61470
Boulder City, Nevada 89006-1470

.3130

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Re: Comments on Proposed Interstate Water Banking.. Rul.e___.__J
enti tIed: "Offstream Storage of Colorado River Water
and Interstate Redemption of Storage Credits in the
Lower Division States; Proposed Rule"

Dear Sir or Madam:

The Wyoming State Engineer's Office has reviewed "the
proposed rule published in the December 31, 1997 issue of the
Federal Register that would create 43 CFR 414, "Offstream Storage
of Colorado River Water and Interstate Redemption of Storage
Credits in the Lower Division States." This letter provides our
comments on the draft rule. As one of the seven Colorado River
Basin States, Wyoming is vitally interested in the efficient use
of the waters of the Colorado River and mechanisms to meet the
legal and beneficial consumptive use demands being made on the
Lower Colorado River resource. Wyoming is fully supportive of
arrangements to facilitate more efficient use of the Colorado
River, which is described as a purpose of the rule.

The establishment of a framework for the Secretary of the
Interior, to follow in administering interstate water banking
transactions is an important and significant step in meeting the
future consumptive use demands on the River in a manner that is
consistent with the constraints of the Law of the River but makes
use of its inherent flexibility. The efforts of the Bureau of
Reclamation, acting for the Secretary of the Interior, in
developing this rule in a timely manner are appreciated and are
commendable.

The interstate water transactions that will occur after the
promulgation of this rule will provide important benefits within
the Lower Colorado River Basin. These transactions are important
and must go forward, but they must be done in a carefully defined
and appropriately administered manner that fully protects the
rights of all Colorado River entitlement holders, be they in the
Lower or the Upper Basin. Due to the significance of the rule,
it is important that the rule be precise in its wording. The
intent of the rule's provisions and their limitations must be

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