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Project Manager, the Project Manager will execute it on behalf of the United States.

$ 416.7 Recording of contract.

After execution by all parties thereto, the contract shall be recorded by the United States in the office of the appropriate county auditor. The cost of recording shall be borne by the landowner or contract purchaser.

8 416.8 Water service charge when no as

sessment. If a contract is fully executed and recorded prior to the end of an irrigation season but subsequent to the date of the annual levy of assessments for the season, the landowner or contract purchaser will be required, as a condition precedent to receiving water service for the reclassified high land that year, to make appropriate payment to the irrigation district for the water service that will be available to the reclassified high land during that irrigation season or the remaining portion thereof.

PART 417-PROCEDURAL METHODS FOR IMPLEMENTING COLORADO RIVER WATER CONSERVATION MEASURES WITH LOWER BASIN CONTRACTORS AND OTHERS

visions of other Reclamation Laws, has a valid contract for the delivery of Colorado River water, and to Federal establishments other than Indian Reservations enumerated in Article II(D) of the March 9, 1964, Decree of the Supreme Court of the United States in the case of "Arizona v. California et al.”, 376 U.S. 340 (for purposes of this part each such Federal establishment is considered as a “Contractor"), except that (a) 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), (b) Contractors and permittees for small quantities of water, as determined by the Regional Director, Bureau of Reclamation, Boulder City, Nev. (herein termed "Regional Director"), and Contractors for municipal and industrial water may be excluded from the application of these procedures at the discretion of the Regional Director, and (c) procedural methods for implementing Colorado River water conservation measures on Indian Reservations will be in accordance with § 417.5 hereof. 8 417.2 Consultation with Contractors.

The Regional Director or his representative will, prior to the beginning of each calendar year, arrange for and conduct such consultations with each Contractor as the Regional Director may deem appropriate as to the making by the Regional Director of annual recommendations relating to water conservation measures and operating practices in the diversion, delivery, distribution and use of Colorado River water, and to the making by the Regional Director of annual determinations of each Contractor's estimated water requirements for the ensuing calendar year to the end that deliveries of Colorado River water to each Contractor will not exceed those reasonably required for beneficial use under the respective Boulder Canyon Project Act contract or other authorization for use of Colorado River water.

Sec. 417.1 Scope of part. 417.2 Consultation with Contractors. 417.3 Notice of recommendations and de

terminations. 417.4 Changed conditions, emergency, or

hardship modifications. 417.5 Duties of the Commissioner of

Indian Affairs with respect to Indian

Reservations. 417.6 General regulations.

AUTHORITY: 45 Stat. 1057, 1060; 43 U.S.C. 617; and Supreme Court Decree in “Arizona V. California,” 376 U.S. 340.

SOURCE: 37 FR 18076, Sept. 7, 1972, unless otherwise noted. $417.1 Scope of part.

The procedures established in this part shall apply to every public or pri. vate organization (herein termed "Contractor”) in Arizona, California, of Nevada which, pursuant to the Boulder Canyon Project Act or to pro

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8 417.3 Notice of recommendations and ommendations and determinations determinations.

the Contractor may, before 30 day Following consultation with each after receipt of said notice, appeal to Contractor and after consideration of the Secretary of the Interior. Durin all relevant comments and suggestions the pendency of such appeal, and unti advanced by the Contractors in such

disposition thereof by the Secretary consultations, the Regional Director the recommendations and determina will formulate his recommendations tions formulated by the Regional Di and determinations relating to the rector shall be of no force or effect. II matters specified in $ 417.2. The rec the event delivery of water is sched ommendations and determinations uled prior to the new recommenda shall, with respect to each Contractor, tions and determinations becoming be based upon but not necessarily lim final, said delivery shall be made ac. ited to such factors as the area to be cording to the Contractor's currently irrigated, climatic conditions, location, proposed schedule or to the schedules land classifications, the kinds of crops approved for the previous calendar raised, cropping practices, the type of year, whichever is less. irrigation system in use, the condition of water carriage and distribution 8417.4 Changed conditions, emergency, or facilities, record of water orders, and hardship modifications. rejections of ordered water, general

A Contractor may at any time apply operating practices, the operating effi

in writing to the Regional Director for ciencies and methods of irrigation of

modification of recommendations or the water users, amount and rate of

determinations deemed necessary bereturn flows to the river, municipal water requirements and the pertinent

cause of changed conditions, emergenprovisions of the Contractor's Boulder

cy, or hardship. Upon receipt of such

written application identifying the Canyon Project Act water delivery contract. The Regional Director shall

reason for such requested modificagive each Contractor written notice by

tion, the Regional Director shall arregistered or certified mail, return re

range for consultation with the Conceipt requested, of his recommenda

tractor with the objective of making tions and determinations. If the rec

such modifications as he may deem ommendations and determinations dar

appropriate under the then existing year immediately preceding, the notice

conditions. The Regional Director may shall be delivered to the Contractor or

initiate efforts for further consultatimely sent by registered or certified

tion with any Contractor on his own mail, return receipt requested, so that

motion with the objective of modify. it may reasonably be delivered at least

ing previous recommendations and de30 days prior to the first date water

terminations, but in the event such delivery would be affected thereby,

modifications are made, the Contracand shall specify the basis for such re

tor shall have the same opportunity to duction including any pertinent factu

object and appeal as provided in al determinations. The recommenda

§ 417.3 hereof for the initial recomtions and determinations of the Re

mendations and determinations. The gional Director shall be final and con

Regional Director shall afford the fulclusive unless, within 30 days of the

lest practicable opportunity for condate of receipt of the notice, the Con

sultation with a Contractor when tractor submits his written comments

acting under this section. Each modiliand objections to the Regional Direc cation under this section shall be tor and requests further consultation.

transmitted to the Contractor by If, after such further consultation,

letter. timely taken, the Regional Director does not modify his recommendations

8 417.5 Duties of the Commissioner of and determinations and so advises the

Indian Affairs with respect to Indian Contractor in writing, or if modifica

Reservations. tions are made but the Contractor still (a) The Commissioner of Indian Alfeels aggrieved thereby after notifica- fairs (herein termed “Commissioner? tion in writing of such modified rec will engage in consultations with vara

ious tribes and other water users on Regional Director may, within 30 days the Indian Reservations listed in Arti- after receipt of the Commissioner's recle II (D) of said Supreme Court sponse, appeal to the Secretary of the Decree, similar to those engaged in by Interior for a decision on the matter. the Regional Director with regard to During the pendency of such appeal Contractors as provided in § 417.2 and until disposition thereof by the hereof. After consideration of all com Secretary, water deliveries will be ments and suggestions advanced by made to the extent legally and physsaid tribes and other water users on ically available according to the Comsaid Indian Reservations concerning missioner's determination or according water conservation measures and oper- to the Commissioner's determination ating practices in the diversion, deliv- for the preceding calendar year, ery, distribution and use of Colorado whichever is less. River water, the Commissioner shall, (b) Modifications of said determinawithin the limits prescribed in said tions due to changed conditions, emerdecree, make a determination as to the gency or hardship may be made by the estimated amount of water to be di Commissioner, subject, however, to verted for use on each Indian Reserva- the right of the Regional Director to tion covered by the above decree. Said appeal to the Secretary, as provided in determination shall be made prior to the case of an initial determination by the beginning of each calendar year. the Commissioner. During the pendThat determination shall be based ency of such an appeal, water delivupon, but not necessarily limited to, eries will be made on the basis of the such factors as: The area to be irrigat- initial determination. ed, climatic conditions, location, land classifications, the kinds of crops § 417.6 General regulations. raised, cropping practices, the type of In addition to the recommendations irrigation system in use, the condition and determinations formulated acof water carriage and distribution cording to the procedures set out facilities, record of water orders, and above, the right is reserved to issue rejections of ordered water, general regulations of general applicability to operating practices, the operating effi- the topics dealt with herein. ciencies and methods of irrigation of the tribes and water users on each res PART 418-NEWLANDS RECLAMAervation, the amount and rate of

TION PROJECT, NEVADA; TRUCKEE return flows to the river, municipal

RIVER STORAGE PROJECT, water requirements, and other uses on the reservation. The Commissioner of

NEVADA; AND WASHOE RECLAIndian Affairs shall deliver to the Re

MATION PROJECT, NEVADA-CALIgional Director written notice of the FORNIA (TRUCKEE AND CARSON amount of water to be diverted for use RIVER BASINS, CALIFORNIAupon each Indian Reservation for each NEVADA); PYRAMID LAKE INDIAN year 60 days prior to the beginning of RESERVATION, NEVADA; STILLeach calendar year and the basis for

WATER AREA, NEVADA said determination. The determination of the Commissioner shall be final and Sec. conclusive unless within 30 days of the 418.1 Statement of considerations leading date of receipt of such notice the Re to the proposed adoption of general opgional Director submits his written erating criteria and principles relating comments and objections to the Com

to the captioned stream systems. missioner of Indian Affairs and re

418.2 Definitions.

418.3 Procedures for operation, managequests further consultation. If after

ment and control of the Truckee and such further consultation, timely

Carson Rivers in regard to exercise of taken, the Commissioner does not water rights of the United States. modify his determination and so ad- 418.4 District's operation of the irrigation vises the Regional Director in writing works. or if modifications are made by the 418.5 Water rights. Commissioner but the Regional Direc- AUTHORITY: Sec. 10, 32 Stat. 388, et seq.; tor still does not agree therewith, the 43 U.S.C. 373.

SOURCE: 32 FR 3098, Feb. 21, 1967, unless otherwise noted.

& 418.1 Statement of considerations lead

ing to the proposed adoption of general operating criteria and principles relat

ing to the captioned stream systems. (a) Under authority of the Act of Congress approved June 17, 1902 (32 Stat. 388), commonly known as the Reclamation Act, and acts amendatory thereof or supplementary thereto, including the Washoe Project Act of August 1, 1956 (70 Stat. 775), as amended by the Act of August 21, 1958 (72 Stat. 705), and the Federal Water Pollution Control Act of July 9, 1956, as amended (33 U.S.C. 466 et seq.) the Secretary of the Interior is charged with responsibility for the management of the water supplies available to the Newlands Project, Nevada, to the Truckee River Storage Project, Nevada, and to the Washoe Project, California-Nevada. He is also required to provide for the construction, operation and maintenance of the authorized facilities and to provide for the proper management and administration of such facilities as well as of project lands and services.

(b) Under the Constitution and various acts of Congress, the United States is trustee for the Indians and in that status it is obligated to protect and preserve the rights and interests of the Pyramid Lake Tribe of Indians in the Truckee River and in Pyramid Lake. This trust responsibility is vested in the Secretary of the Interior. It is in the national interest that the fishery resource of Pyramid Lake be restored, that agricultural use be developed, and that the water inflow to the Lake be such as to allow realization of the great potential thereof, including recreation. The regulations in this part will initiate Departmental controls, lacking in the past, to limit diversions by TCID from the Truckee River within decreed rights, and thereby make additional water available for delivery to Pyramid Lake.

(c) The Secretary is charged by law with the protection and conservation of migratory birds, and with maintain ing the integrity of the refuge system developed pursuant to the Migratory Bird Treaty Act (16 U.S.C. 703-711),

and the Migratory Bird Conservation Act (16 U.S.C. 715–715r). The lower Carson River Basin is within a major division of the Pacific Flyway and provides part of the refuge system.

(d) The Secretary is charged with the responsibility of preparing comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries thereof and improving the quality of surface and underground waters pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 466 et seq.).

(e) The area of the Truckee and the Carson River Basins is one of short water supply and is continuously subject to increasing competitive demands. To effectuate the acts of Congress and treaties with Great Britain and Mexico for the conservation of migratory birds affecting these river basins, to meet the reasonable water use demands under water rights either decreed or to be decreed or otherwise vested, and to obtain the best combination of uses of the waters of the basins in the public interest requires modification of existing patterns of water use. Extended negotiations have been undertaken with the TruckeeCarson Irrigation District for the purpose of reaching agreement regarding these matters. These negotiations will be continued..

(f) Meanwhile, recurring flood conditions along the Truckee River and its tributaries have created a situation which makes it imperative to proceed in the Stampede Division of the Washoe Project by construction of Stampede Dam on the Little Truckee River.

(g) The rules and regulations in this part are formulated and issued by reason of the foregoing considerations and they have been developed within the framework of agreements, decrees, understandings, and obligations of the United States or to which the United States is a party. The rules and regulations in this part will be revised as experience indicates the need or to conform to any agreement reached between the United States and the Truckee-Carson Irrigation District amending the existing contract with that District.

$ 418.2 Definitions.

to the exercise of water rights of the As used in this part:

United States, so as to (1) comply with (a) “District" means the Truckee all of the terms and provisions of the Carson Irrigation District, organized Truckee River Decree and the Carson under Nevada law with its office at River Decree; and (2) maximize the Fallon, Nev.

use of the flows of the Carson River in (b) “Truckee River Decree" means satisfaction of Truckee-Carson Irrigadecree entered in the action entitled tion District's water entitlement and “United States v. Orr Water Ditch Co. minimize the diversion of flows of the et al.,” in the U.S. District Court, Truckee River for District use in order Nevada, Equity No. A-3.

to make available to Pyramid Lake as (c) “Carson River Decree" means

much water as possible. Any change in orders, temporary and iinal, entered in subsequent years of the adopted operthe action entitled “United States v.

ating criteria and procedures shall be Alpine Land and Reservoir Co. et al.,"

formulated and approved in the same in U.S. District Court, Nevada (Equity

manner as set forth above. No. D-183). (d) “Contract” means that contract

(b) The departmental representabetween United States and Truckee

tives designated in paragraph (a) of Carson Irrigation District dated De

this section shall select a committee of cember 18, 1926, as amended.

water contractors and users and other (e) “Irrigation works" means the

directly affected interests, including works of the United States construct

the Pyramid Lake Tribe and those ed for the primary purpose of irrigat- using water for fishing, hunting and ing the lands of the Newlands Project recreation in both river basins. The dewithin the boundaries of the District, partmental representatives shall conand including Derby Dam, Lake Tahoe sult with this advisory committee in Dam, the Truckee canal, Lahontan the formulation of the operating criteDam and Reservoir, Carson Diversion ria and procedures. Dam, T canal, V canal, and all other canals, turnouts, pumping plants and & 418.4 District's operation of the irrigaworks necessary to irrigate and drain tion works. District lands, the operation of which

(a) The District's operation of the irwas transferred to the District pursu

rigation works, including the diversion ant to Article 6 of the contract.

of water, shall be in compliance with 8418.3 Procedures for operation, manage

all of the terms and provisions of the ment and control of the Truckee and

Truckee River Decree and the Carson Carson Rivers in regard to exercise of

River Decree, the rules and regulawater rights of the United States.

tions in this part, and the operating In order to make the most efficient

criteria and procedures adopted by the

Secretary. use of the available water: (a) On or before October 1, 1967, the

(b) It is determined that a water Regional Director of the Bureau of

supply of not more than 406,000 acreReclamation as chairman, the Area

feet from both Truckee and Carson Director of the Bureau of Indian Af

Rivers, if available, may be diverted in fairs. the Regional Director of the any year to irrigate District irrigable Bureau of Sport Fisheries and Wild

lands. life, the Regional Director of the Fed (c) It is further determined in regard eral Water Pollution Control Adminis- to the operation and control of the tration, the Regional Director of the Truckee and Carson Rivers during the Bureau of Outdoor Recreation, and water year beginning October 1, 1966, the designee of the Geological Survey that 406,000 acre-feet, if available, will shall recommend operating criteria be diverted for the District. For future and procedures consistent with the water years this quantity may be reguidelines set forth herein for the ap- duced by determinations about operatproval of the Secretary for the coordi- ing criteria and procedures made in acnated operation and control of the cordance with the standards set forth Truckee and Carson Rivers in regard in § 418.3(a).

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