WSP12557

• File Number: 8060.100
• Description: Section D General Federal Issues-Policies - Federal Policies
• State: CO
• Date: 3/13/2000
• Author: DOI-BOR
• Title: BOR - Staff Draft Paper on Water Transfer Policy - With Correspondence-Publications-Press Releases-Etc - 03-13-00
• Water Supply Pro - Doc Type: Report/Study

0006 S3

<
.,
~

,
~

VOLUNTARY WATER TRANSACfiON CRITERIA AND GlJIDANCE

i:
,I-
t
~..
...
,J
t>
.~
i
?

To assist in the implementation of the December 16, 1988, principles, the following criteria and
guidance are provided. It is anticipated that each specific proposed voluntary water exchange will
be unique, and that it should be evaluated on its own merits under the overall guidance ortbis
policy statement.

priDqple 1. Primacy in water allocation and TYUlN\gement clecisions rests principally with the
States. Voluntary: water tranSactions under this policy must be in.acc.ordance wi1h applicable
State and Federal laws. .

Criterion.: Does the proposed exchange comply with applicable State and Fedetallaws?

Ouidance: Apparent conflicts with. State laws or water rights will be reconciled with the
appropriate State agency. State laws generally povide procedures fOr:traDSfuriDB
water rights, and should be the primary mechanism for proteeting the sellers/lessOrS of
water, as weD as third parties.

Proposed transactions tbatinvolve a new use not specifiCally authorized as aFedera1
project purpose, or that propose a place oruse DOt within the Federal project service. .
aret:., may required authorizing legislation. The primary responsibility for. such
legislation will rest with those entities proposing the transaetion.

bi~le 2.. The Department of the Interior (001) will become involved in facilhating a
proposed voluntary water tral)!~"mon only when it can be accomplished without diminution of
serviCe to those parties otherwise being served by such Federal resources, and when:

(a) there"is an existing Federal contractual or other legal obligation associated with the water
supply; or
(b) there is an existing water right held by the Federal government that may be ~ted by 1be
transaetion; or .
C it is proposed to use Federally-owned storage or conveyance capacity to facilitate the
transaetion; or
(d) the proposed transaction will affect Fed~ project operations; and
(e) the applOpriate State, TnDal, or other non-Federal political authorities or subdivisions
request DOl s active involvement.

Criterion: Does the proposed action:
2.(a) involve water that is encumbered by an existing Federal contraetua1 obligation?

Guidance: If revision of existing water service or repayment contracts is required to facilitate an
otherwise desirable water exchange proposal, negotiations for those changes will be

4