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<br /> <br />.. <br /> <br />USBR salinity improvements are federally funded in recognition that the delivery of <br />water to Mexico is a nationwide obligation and because the federal government owns a <br />major portion of the saline land in the basin. A 25-30% repayment on USBR salinity <br />project costs is made to the federal treasury from two basin funds which receive a surcharge <br />from federal generated power revenues. Local project participants make no direct payment <br />for the construction of USBR salinity improvements. While they are required to sign <br />contracts obligating themselves to maintain and operate the newly improved systems, USBR <br />fully reimburses participants for any additional maintenance expenses attributable to those <br />new systems. The SCS program requires both cost sharing by each individual participant <br />and repayment from the same electric surcharge fund used to repay the USBR. The final <br />cost share breakdown for SCS on-farm measures is: 30% by local participants, 21% by <br />power revenues and 49% by the U.S. There is no requirement tying participation in the <br />USBR program to participation in the SCS program. A farmer can be in the salinity <br />program without committing to expend any funds or making anyon-farm changes. <br /> <br />Importantly, the salinity program makes no claim to any saved or salvaged water <br />produced through the program. The fate of any produced water is left for allocation under <br />state law. Specifically, "in implementing the units ... the Secretary shall comply with <br />procedural and substantive state water laws." 43 U.S.C. Section 1592(b)(4), (1984 <br />Amendment). <br /> <br />Finally, as federal agencies USBR and SCS have statutory duties to mitigate, to varying <br />degrees, the environmental impacts caused by improved irrigation systems. These impacts <br />are explained in Section V.D, below. <br /> <br />B. Other Federal Programs <br /> <br />Despite an apparent belief that "federal programs" would limit salvage proposals to the <br />West Slope there are in fact a number of ways in which federal programs could result in <br />water salvage or savings throughout the state. <br /> <br />1. Clean Water Act <br /> <br />The Clean Water Act (CWA) led to creation of an extensive system of water quality <br />standards for the nation's surface waters. 33 U.S.C. 1313. These standards are designed <br />to preserve and improve the chemical, biological, and physical quality of water for the <br />benefit of all water users. Water quality programs in Colorado are administered by the <br />Colorado Department of Health (CDOH) with the approval and assistance of the U.S. <br />Environmental Protection Agency (EP A). The primary enforcement mechanism is the <br />National Pollution Discharge Elimination System (NPDES) permit which all municipal and <br />industrial water users must obtain. Waste water from a discrete or "point source" must be <br />treated to acceptable levels before discharge into a receiving surface waterway. Although <br />agricultural water use does result in discharges to surface water (return flows) these do not <br />occur at discrete points and control of these "nonpoint" discharges was specifically left out <br /> <br />11 <br />