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<br />000670 <br /> <br />3/13/00 USSR Staff Draft <br /> <br />7. Compliance with Other.Laws. Transfers of project water must comply with all <br />applicable state, tribal, and local laws, including, but not limited to, those concerning the <br />appropriation, diversion, storage, and use of water and changes of water rights. In general, the <br />parties to the transfer must bear all costs associated with Reclamation's and their compliance with <br />state, tnDal, and local laws. They must also bear all costs of compensating thbd parties whose <br />legally cogni2able interests under state, tnDal, or local laws will be affected by a ~ of project <br />water. <br /> <br />8.. IDdiaD Trust Asse1s. Reclamation's Indian trust policy and procedUres will be <br />applied when considering requests for transfers of project water. . Rec1anumon will agree to make <br />transfer3 of project water when this can -be accomplished without impairins the Seaetmt of tile <br />Interior's trust obligations and without adverse effects on Indian trust n=8Om-ces,.Or when any <br />adverse impacts can be adequately miti~ted or compensated.. The. costs of any ~ ., <br />mitigation or compensation must be financed and home.by parties other than Re.clamation f~ by <br />the project contractor who will be selling or leasing water and/or the party whid1 wiD be n:ceiviua <br />the transferred project wata'). <br /> <br />9. CODsideratiO.i ofEDviroDDlentallmpacts.. Proposed ~ers.ofprojea'water.wiIl . <br />be subject to NEPA comp~ Rec)am~on.wiU use the NEPA process to identify:tbe . <br />environmental and socio-economic impacts, if any, which a proposed transfer oCproject water <br />would haVe. The. ~ will identify, as app'Opriate, reasonable alternattves to the uSe which <br />wooJd be inade oCthe project water ifit were transfeRed. The environmental consequences of <br />existing uses of project water and the proposed changes in use will be considered in the NEPA <br />analysis and recommendations wiD be developed to protect existing mitigation commitmeuts aod <br />environmental benefits. In detennining the effects, if any, of a proposed 1ransfer of project water, <br />RecI8mation will consult with appropriate Federal, State, TnDal, and local authorities and comply <br />with all applicable Federa1laws. <br /> <br />10. Pricing of Trusferred ~roject Water Policies concerning pricing of project water <br />transferred from irrigation to new municipal and industrial uses will be governed by the . <br />Commissioner's November 13, 1997, m~ subject "Policy for Pricing Water Converting <br />from Inigation to Municipal and Industrial Servi~" attached as Atbtr.hment A, and the further <br />policies set forth in Attachment B hereto. <br /> <br />11. Disposition ofReveJIues Received by RedamatioL Revenues.received by <br />Reclamation from the charges assessed pursuant to paragraph 10 above win be credited in <br />accordance with the provisions of the authority under which the cootract for the ~ of <br />project water is made and the applicable policies in effect at the time. <br /> <br />12. ReaIIoeatiOD of Construction Costs. It is Dot necessary to co~ider reallocation of <br />project construction costs for short-term or tempolary transfers of project water. . Cost <br />reallocation should only be considered if the transfer is permanent and then only on a case-by-case <br /> <br />9 <br />