AUTHORITY: §§ 417.1 to 417.6 issued under 45 Stat. 1057, 1060; 43 U.S.C. 617.

SOURCE: The provisions of this Part 417 appear at 29 F.R. 13605, Oct. 3, 1964.

§ 417.1 Scope of part.

The procedures established in this Part shall apply to every public or private organization ("Contractor") in Arizona, California, or Nevada, which has a contract pursuant to the Boulder Canyon Project Act (45 Stat. 1057, 1060) for the delivery of Colorado River water ("Boulder Canyon Project Act Contract"), except that neither this Part nor the term "Contractor", as used herein, shall apply to any person or entity which has a contract for the delivery or use of Colorado River water made pursuant

to the Warren Act of February 21, 1911 (36 Stat. 925) or the Miscellaneous Purposes Act of February 25, 1920 (41 Stat. 451).

§ 417.2 Consultation with Contractors.

The Regional Director, Bureau of Reclamation, Boulder City, Nevada, or his representative, will arrange for and conduct consultations with each Contractor with regard to the making of annual determinations relating to water conservation measures and operating practices in the diversion, delivery, distribution and use of Colorado River water to the end that deliveries of Colorado River water to each Contractor will not exceed that reasonably required for beneficial use under their respective Boulder Canyon Project Act contracts.

Following consultation with each Contractor, the Regional Director will formulate proposed determinations relating to the matters specified in § 417.2. In formulating the proposed determinations, the Regional Director will give consideration to all relevant comments and suggestions advanced by the Contractors in such consultations. These proposed determinations shall, with respect to each Contractor, be based upon but not necessarily limited to such factors as the character of soil, the area to be irrigated, climatic conditions, location, soils classifications, the kinds of crops raised, the type of irrigation system in use, the operating efficiencies and methods of irrigation of the water users, municipal water requirements, and the pertinent provisions of the Contractor's Boulder Canyon Project Act water delivery contract. The proposed determinations shall be transmitted to each Contractor, and shall be published in the FEDERAL REGISTER, together with a notice which shall, among other things, provide for the submission of written comments or objections to the Regional Director by each Contractor and an opportunity for the Contractor to appeal to the Secretary of the Interior ("Secretary”) from a final determination of the Regional Director if the Contractor is aggrieved thereby, before determinations are made effective.

§ 417.4 Adoption of final determinations.

After consideration and determination of the matters presented pursuant to the perceding section, the Regional Director (or in the case of a determination which has been appealed, the Secretary or his designee) will transmit to each Contractor and issue annual determinations pertaining to water conservation measures and operating practices in the diversion, delivery, distribution and use of Colorado River water to the end that deliveries of Colorado River water to each Contractor will not exceed that reasonably required for beneficial use under their respective Boulder Canyon Project Act contracts. The determinations shall be published in the FEDERAL REGISTER and shall take effect as provided therein.

§ 417.5 Changed conditions, emergency, or hardship modifications.

A Contractor may at any time apply to the Regional Director for temporary modification of any final determination

by reason of changed conditions, emergency or hardship. The Regional Director's decision on any such application shall be effective when issued subject, however, to modification upon review by the Commissioner of Reclamation at the request of the applicant. The Regional Director may initiate temporary modifications on his own motion which, except for emergencies as determined by him, shall not take effect pending an opportunity for the Contractor to appeal to the Secretary or his designee. The Regional Director shall afford the fullest practicable opportunity for consultation with a Contractor when acting under this subsection. Each modification under this section shall be published in the FEDERAL REGISTER and shall take effect in accordance with its terms.

§ 417.6 General regulations.

In addition to the determinations formulated according to the procedures set out above, the right is reserved to issue regulations of general applicability to the topics dealt with herein.