Offstream Storage of Colorado River Water and Interstate Redemption of Storage Credits in the Lower Division States

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

43 CFR Part 414

RIN 1006-AA40

Offstream Storage of Colorado River Water and Interstate

Redemption of Storage Credits in the Lower Division States

AGENCY: Bureau of Reclamation, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The Department of the Interior (``the Department'' or ``we'')

hereby gives notice that we are reopening the comment period on our

proposed rule entitled ``Offstream Storage of Colorado River Water and

Interstate Redemption of Storage Credits in the Lower Division

States.'' We originally published the proposed rule on December 31,

1997, at 62 FR 68492, and accepted public comments until April 3, 1998.

DATES: We must receive your comments at the address below on or before

October 21, 1998.

ADDRESSES: If you wish to submit comments, you may do so by any one of

three methods. You may mail comments to Bureau of Reclamation,

Administrative Record, Lower Colorado Regional Office, P.O. Box 61470,

Boulder City, NV 89006-1470. You may comment via the internet at

[email protected] Or, you may hand-deliver comments to Bureau of

Reclamation, Administrative Record, Lower Colorado Regional Office, 400

Railroad Avenue, Boulder City, NV.

FOR FURTHER INFORMATION CONTACT:

Mr. Dale Ensminger, (702) 293-8659.

SUPPLEMENTARY INFORMATION: We request that interested parties provide

comments on whether an authorized entity in a Storing State under the

rule must hold an ``entitlement'' to use Colorado River water pursuant

to court decree, contract with the United States, or reservation of

water from the Secretary of the Interior. As published on December 31,

1997, section 414.2 of the proposed rule defined ``authorized entity''

as ``a State water banking authority, or other entity of a Lower

Division State holding entitlements to Colorado River water. * * *''

Section 414.2 of the proposed rule defined ``Entitlement'' as ``an

authorization to benefically use Colorado River water pursuant to: (1)

a decreed right, (2) a contract with the United States through the

Secretary, or (3) a reservation of water from the Secretary.''

The Department received differing comments on these definitions and

other technical matters during the previous comment period. For

example, differing comments on the definition of ``authorized entity''

revealed that some read the definition as allowing a State Water Bank

to participate in activities under the rule without holding an

entitlement to Colorado River water, while others did not. We invite

comment on whether the definition of ``authorized entity'' should be

revised to clarify that an ``authorized entity,'' including a State

water bank, must hold an entitlement to Colorado River water in order

to ensure consistency with the Law of the River, including specifically

section 5 of the Boulder Canyon Project Act, 43 U.S.C. 617d, as

interpreted by the Supreme Court in Arizona v. California, 373 U.S. 546

(1963).

We also invite comment on whether efficiency, flexibility, and

certainty in Colorado River management may result combining an approval

Interstate Storage Agreement and a contract under Section 5 of the

Boulder Canyon Project Act into one document, thus making the parties

entitlement holders upon execution of the Agreement. And, we invite

comment on whether, if the documents are not combined, the Interstate

Storage Agreements and any separate Section 5 contract (or amendments

to an existing contract) should be processed and approved

simultaneously to eliminate duplication of any administrative and

compliance procedures.

Dated: September 15, 1998.

Patricia J. Beneke,

Assistant Secretary--Water and Science.

[FR Doc. 98-25139 Filed 9-18-98; 8:45 am]

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