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<br />000687 <br /> <br />3/13/00 USBR Staff Draft <br /> <br />4.(a) displace the need for expenditure ofFedenl t\mds? <br /> <br />Guidance: Within Reclamation's resource management program, opportunities wiD be explored to <br />acbieve management objectives through the use of voluntary exchanges of water. The <br />intent oftbis policy is to ensure that voluntary excbaoges ofwater lR.considemlas <br />alternatives in water resource ~ement within Reclama1ion's planning, opemtion, <br />and other resource development programs. For example, a water exclumge may be <br />considered as an alternative to construction of a storage or delivery facility that <br />otherwise would .or could require Federal investment. <br /> <br />Criterion: Does the proposed action: . <br />4.(b) provide for an opportunity for the Indian tribe or community to benefit <br />economically from the lease or-transfer ofwater rights that it may ~ under <br />a Settlement with the Federal Govemmeot or With DOD-F~ parties? <br /> <br />Guidance: It is a common situation that the water rights available to Indian trl"bes .repcseDt a <br />significant .portion of their resource base. It also is a common situation that the use of <br />those.water resQurt:eS for agricultural pmposes is margiDaUy fe&Slole, and that local <br />water demands by non-Indians are sUch that the lease Or transfer-ortbe mDal waa <br />resources can be a mutually beneficial transactloa. <br /> <br />DOl will facilitate transfers in its capacity as a trustee. .for an Indian tribe to the extalt <br />that it results in assisting local water users in resalvinB their wata'resoun:e <br />"'R~gement problems, within appropriate State law. The specific authorities.involved <br />will be determined on a case specific evaluation of the water rights, Federal and State <br />lawst ,l:lD.d ~e specific nature of the proposed transaction. <br /> <br />PriDcq,te 5. The. fact that the transaction may involve the use ofwater supplies developed by <br />Federal water resource projects shall not be considered during the evaluation of a proposed <br />tnmsaction. <br /> <br />Criterion: Is the water to.be transferred, exchanged, leased, sold, etc. available by virtue of a <br />Federal Reclamation project? . <br /> <br />Guidance: If the Federal government is not made ~ offfmancially by the tr:m~on, if tile <br />proposed transaction bas been approved by the State and local authorities, and if1be <br />proposed transaction complies with Federal and State lawt then it may be in the public <br />interest to allow that Federally developed water to be employed. The fact that it was <br />developed by virtue of a subsidized Federal project or program should ~ in and of <br />itsel~ be a barrier to the transaction. <br /> <br />8 <br />