[Federal Register Volume 63, Number 182 (Monday, September 21, 1998)]
[Proposed Rules]
[Page 50183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25139]


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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]
BILLING CODE 4310-94-M