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<br />OOuGG7 <br /> <br />3/13/00 USBR Staff Draft <br /> <br />rates. <br /> <br />Part C: Principles associated.with third party eIfects aDd NEPA <br /> <br />C.I Proposals for transfers of project water must identify and' address potential third party <br />effects. In this regard, the approval process 'will include compliance with thai existing <br />federal environmental laws. The level of review and compHance will be commensurate <br />with the size, complexity, duration, and nature of tile transfer. . <br /> <br />Co2 Reclamation will identify, in cooperation with appropria1e ~ tnDalmd Ioca1 <br />authorities, measures that may be necessary to mitigate any adverse enviromDental effects <br />identified during NEP A or other required environmental.reviews. Parties benefitting from <br />the transferwil1 be expected to bear the majority of these costs andassume'tbe <br />responsibility for their completion. <br /> <br />C.3 It is recognized that.it may ~ impossible to completely niitigate for all potential adverse . <br />environmental effects to the total satisfaction ofallpotentiaDy affecled.perties;.Ifadver8e <br />impacts are not mitigated to the satisfaction oltbe parties, they may be.adjudicated in the <br />appropriate state or federal foruins. <br /> <br />Policies Govemi1\l Tran~fers ofPrQject W~ <br /> <br />1. Authorized Project Purposes. Project water may be transferred to a new use ODly if <br />that use is an authorized project purpose or is within.the scope of the Sale of Water for <br />Miscellaneous Purposes Act ( 43 U.S.C. 521) or other applicable statute. <br /> <br />Z. COlltractR.equired. Transfers of project water will require Reclamatioo's advance <br />approval, unless aJready provided for by an existing water service, repayment, or otbeI' form of <br />contract. <br /> <br />A. Absent provisions in an existing Contract which have akeady approved of a <br />transfer of project water (e.!., some contracts give advance approval to a project <br />contractor to enter into certain prescnDed sub-contracts), the project contractor which <br />desires to transfer project water will have to enter into.an amendatory or supplementary <br />water service, repayment, or other form of contract, or an entirely new contract, with <br />Reclamation which provides fOr the transfer of project water, or obtain ReclmnAtion's <br />written approval to assign its existing contract or lease its project water to a third party. <br />. This will be true even in the case of project contractors which have akeady retired their <br />contractual repayment obligation to the United States. <br /> <br />B. Where appropriate, the individual or entity acquiring project water will also be <br />required to enter into a contractual relationship with Reclamation. Reclamation will DOt <br /> <br />6 <br />