[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR414.2]

[Page 552-554]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 414--OFFSTREAM STORAGE OF COLORADO RIVER WATER AND DEVELOPMENT AND RELEASE OF INTENTIONALLY CREATED UNUSED APPORTIONMENT IN THE LOWER DIVISION STATES--Table of Contents
 
                   Subpart A--Purposes and Definitions
 
Sec. 414.2  Definitions of terms used in this part.

    Authorized entity means:
    (1) An entity in a Storing State which is expressly authorized 
pursuant to the laws of that State to enter into Storage and Interstate 
Release Agreements and develop ICUA (``storing entity''); or
    (2) An entity in a Consuming State which has authority under the 
laws of that State to enter into Storage and Interstate Release 
Agreements and acquire the right to use ICUA (``consuming entity'').
    Basic apportionment means the Colorado River water apportioned for 
use within each Lower Division State when sufficient water is available 
for release, as determined by the Secretary of the Interior, to satisfy 
7.5 million acre-feet (maf) of annual consumptive use in the Lower 
Division States. The United States Supreme Court, in Arizona v. 
California, confirmed that the annual basic apportionment for the Lower 
Division States is 2.8 maf of consumptive use in the State of Arizona, 
4.4 maf of consumptive use in the State of California, and 0.3 maf of 
consumptive use in the State of Nevada.
    BCPA means the Boulder Canyon Project Act, authorized by the Act of 
Congress of December 21, 1928 (45 Stat. 1057).
    Colorado River Basin means all of the drainage area of the Colorado 
River

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System and all other territory within the United States to which the 
waters of the Colorado River System shall be beneficially applied.
    Colorado River System means that portion of the Colorado River and 
its tributaries within the United States.
    Colorado River water means water in or withdrawn from the 
mainstream.
    Consuming entity means an authorized entity in a Consuming State.
    Consuming State means a Lower Division State where ICUA will be 
used.
    Consumptive use means diversions from the Colorado River less any 
return flow to the river that is available for consumptive use in the 
United States or in satisfaction of the Mexican treaty obligation.
    (1) Consumptive use from the mainstream within the Lower Division 
States includes water drawn from the mainstream by underground pumping.
    (2) The Mexican treaty obligation is set forth in the February 3, 
1944, Water Treaty between Mexico and the United States, including 
supplements and associated Minutes of the International Boundary and 
Water Commission.
    Decree means the decree entered March 9, 1964, by the Supreme Court 
in Arizona v. California, 373 U.S. 546 (1963), as supplemented or 
amended.
    Entitlement means an authorization to beneficially use Colorado 
River water pursuant to:
    (1) The Decree;
    (2) A water delivery contract with the United States through the 
Secretary; or
    (3) A reservation of water from the Secretary.
    Intentionally created unused apportionment or ICUA means unused 
apportionment that is developed:
    (1) Consistent with the laws of the Storing State;
    (2) Solely as a result of, and would not exist except for, 
implementing a Storage and Interstate Release Agreement.
    Lower Division States means the States of Arizona, California, and 
Nevada.
    Mainstream means the main channel of the Colorado River downstream 
from Lee Ferry within the United States, including the reservoirs behind 
dams on the main channel, and Senator Wash Reservoir off the main 
channel.
    Offstream storage means storage in a surface reservoir off of the 
mainstream or in a ground water aquifer. Offstream storage includes 
indirect recharge when Colorado River water is exchanged for ground 
water that otherwise would have been pumped and consumed.
    Secretary means the Secretary of the Interior or an authorized 
representative.
    Storage and Interstate Release Agreement means an agreement, 
consistent with this part, between the Secretary and authorized entities 
in two or more Lower Division States that addresses the details of:
    (1) Offstream storage of Colorado River water by a storing entity 
for future use within the Storing State;
    (2) Subsequent development of ICUA by the storing entity, consistent 
with the laws of the Storing State;
    (3) A request by the storing entity to the Secretary to release ICUA 
to the consuming entity;
    (4) Release of ICUA by the Secretary to the consuming entity; and
    (5) The inclusion of other entities that are determined by the 
Secretary and the storing entity and the consuming entity to be 
appropriate to the performance and enforcement of the agreement.
    Storing entity means an authorized entity in a Storing State.
    Storing State means a Lower Division State in which water is stored 
off the mainstream in accordance with a Storage and Interstate Release 
Agreement for future use in that State.
    Surplus apportionment means the Colorado River water apportioned for 
use within each Lower Division State when sufficient water is available 
for release, as determined by the Secretary, to satisfy in excess of 7.5 
maf of annual consumptive use in the Lower Division States.
    Unused apportionment means Colorado River water within a Lower 
Division State's basic or surplus apportionment, or both, which is not 
otherwise put to beneficial consumptive use during that year within that 
State.

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    Upper Division States means the States of Colorado, New Mexico, 
Utah, and Wyoming.
    Water delivery contract means a contract between the Secretary and 
an entity for the delivery of Colorado River water in accordance with 
section 5 of the BCPA.