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<br />10 <br /> <br />Non-Point Source <br /> <br />l. The CWA shall encourage necessary, cost effective and <br />reasonable voluntary measures to control non-point <br />source discharges including the use of BMPS and <br />pollutant trading. <br /> <br />2. EPA shall consull with the appropriate agencies with <br />the departments of Interior and Agricullure and all <br />affected slate, tribal and local entities before identifying <br />non-point source control measures. <br /> <br />3. Non-poinl source controls shall be integrated, to Ihe <br />extent determined appropriate by slate and local <br />entities, with watershed management programs <br />designed to achieve overall progress lowards water <br />quality objectives in the area. <br /> <br />4, Non-point sources shall not be subject to Section 401 <br />certification review requirements. <br /> <br />Federal Mandales <br /> <br />1. The CW A shall allow for adequate phase in time for <br />new limitations or standards so as not to impose <br />unnecessary or substantial hardships on regulated <br />entities or their constituents. <br /> <br />2. Any action required by the CW A shall be supported by <br />adequate federal funding. <br /> <br />3. No action shall be taken under the CW A until a peer- <br />reviewed benefit cost analysis demonstrates Ihat the <br />benefits of the proposed action are clearly greater than <br />the costs. <br /> <br />4. No private property shall be taken under the CW A <br />withoUI just compensation to the owner as required by <br />amendmenls five and fourteen of Ihe Constitulion of <br />the Untied Stales. <br /> <br />1612 <br /> <br />11 <br /> <br />Resolution No. 97-3 <br /> <br />RECLAMA nON <br /> <br />Resolved: <br /> <br />I. Reallocation of Project Purposes and Project Operation <br />Changes <br /> <br />Project benefits shall not be reallocated without the <br />consent of project beneficiaries, Beneficiaries shall not <br />pay for project benefits reallocated to another use. <br />Project operations changes shall not impair existing <br />contracts or water rights under stale law. <br /> <br />2. Environmental Mitigation <br /> <br />The federal government shall pay for environmental <br />enhancement and mitigation, Existing contracts sball <br />not be surcharged for environmental enhancement or <br />mitigation. <br /> <br />3. Water Conservation <br /> <br />"Conserved water" shall not be reallocated in violation <br />or derogation of existing contracts or water rights. <br /> <br />4. Water Service Contract Renewal <br /> <br />Water'service contracts shall be renewed for the same <br />quantity and availability or supply as has been <br />historically beneficially used. Water service contracts <br />shall be renewed for the maximum allowable lerm. <br /> <br />5. Reclamation Reform Act <br /> <br />The RRA shall not affect exempted or paid out districls <br />or impair Of alter existing contracts. <br /> <br />6. Reclamation Fund <br /> <br />The Reclamation Fund shall only be used for activities <br />specifically set forth in reclamation law. <br /> <br />I <br />I <br />___-.-J <br />