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<br />OJJ365 <br /> <br />3/13/00 USSR Staff Draft . <br /> <br />In addition, these principles and policies will be appHed by Reclamation 'when it is working with <br />project contractors to correct and resolve situations in which transfers of project water have <br />occurred inappr~iately without Reclamation's prior approval, ~tina in unauthorized users <br />and/or uses of pl'9ject water. FurtJlermore, Reclamation wl1l apply these principles aDd policies to <br />legislatively and judicially authorized or directed transfers of project water to the extent that such <br />. authorizations or dUectives (and any implementing rules and regulations promnlgated by <br />Reclamation) leave Reclamation with the discmion to determine the t.erms of its approval of a <br />t:nmsfer of project water'. <br /> <br />Oijectives Which Reclamatinn Seeb tn Achieve <br /> <br />RtdamatiOD~s overall objective is to facilitate voluntary transfers of poject water betweea wiIHDa <br />parties in a timely and ecooomicaI manner and in such a way that the Federal government Is Is DO . <br />Jesser ~ position than it would have beeD:hada 1Iansfer not occuried:.ln additiaa, . <br />Rdamation wiD, in suCh situations as it deems.appro~ ~ parties to unclerta1te <br />vohmtary trimsfers ofproject water'. However, Reclamation will not compel1ransftn unless so <br />-.,;-.1 by 1.....;..1ativ .I:--:"~ judi '81 deci · <br />s~~ _~ e uu~ve or Cl SlOB. <br /> <br />Principles Go~ Vo~ Tmn~ ofPrqject WAtH <br /> <br />In acting on requests to make transfers of project water, ReclamAtiOn will apply the Departmeut <br />. of the IDterior's 1988 Principles' (to the extent they apply to transfers of poject wider) and the. <br />following additional principles (which suppI~t and expand upon the 1981 Principles). <br /> <br />Part A: PriacipIes usodated with. the adlllinhtratioa .r state aDd federal )aWL <br /> <br />Al Primacy in water allocation and tmmJlgement decisions n9s pt~pally With the S1Ide8. <br />Voluntary transfers of project water must be in accordance with applicable State laws... <br /> <br />A:1. Voluntary 1ian.sfm ofproject water must be in accordance with applicable feddaI ~ <br />contracts, and judicial decisions. <br /> <br />A.3. T~ of project water cannot be effected lJDtil first approved by RecbtJnHtion, 1mless <br />such transfers are already authorized by statute or contract. <br /> <br />A4 Parties will be encoumged to undertake volimtary transfers ofproject water. However, <br />transfers wUl not be compelled unless so required by legislative directive or judicial <br />decision. <br /> <br />6 "Principles Governing Voluntary WllteI'Tnmsactioos that Involve or Affect Facilities Owned orOpented <br />by lhc Dtpartmc;nt of the Interior." December 16. 1988 (copy enclosccla Attaduncnt c). <br /> <br />4 <br />