Common use of Proposed Action Clause in Contracts

Proposed Action. The IOP component of the proposed action includes adoption of a policy that would identify and define inadvertent overruns of approved diversions of Colorado River water by lower Basin Colorado River contractors, establish procedures that account for inadvertent overruns, and define subsequent mandatory payback requirements to allow repayment to system storage for any inadvertent overruns. It is not anticipated that it would be necessary to materially modify the IOP for a 30-year period absent extraordinary circumstances such as significant Colorado River infrastructure failures. The IOP would be applicable to all lower Basin States users with quantified entitlements. The adoption of the IOP does not affect nor is it applicable to the United States’ obligations under the 1944 Treaty with the Republic of Mexico. Under the provisions of the IOP, an inadvertent overrun is defined as Colorado River water that is diverted, pumped, or received by an entitlement holder in excess of the water user’s entitlement for that year. Under the IOP, payback would be required to begin in the calendar year that immediately follows the release date of the final Decree Accounting Record 10 that reports inadvertent overruns for a Colorado River water user. Prior to the beginning of the calendar year, the user’s water order, along with the payback plan, and the user’s existing Reclamation-approved conservation plan, would be submitted to Reclamation for review and approval within the annual 43 CFR Pt. 417 process regarding annual water order approvals.