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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Federal and Interstate <br /> <br />Warren Act Update: At the March Board meeting we discussed the likelihood of Reclamation <br />. changing its Warren Act policies. We asked Steve Miller to look into the matter. The following <br />is his report: <br /> <br />There are several authorities under which Reclamation can contract with parties for the storage <br />and lor conveyance of non-project water in existing Reclamation projects. After researching the <br />existing authorities and conferring with local and Reclamation officials it appears that no formal <br />policy changing process is underway. However, Reclamation and Interior (DOI) remain <br />interested in enhancing the function of existing projects on a case-by-case basis. <br /> <br />For several years there has also been Congressional interest in modifying Reclamation's <br />authority, but currently no legislation has been introduced. <br /> <br />More recently, Assistant Secretary ofthe Interior, Bennett Raley, has sought input on DOl's <br />effort to develop new guidelines for "wheeling" (conveying and/or storing) non-project water <br />through Reclamation facilities - "to maximize the use of existing authorities to allow the <br />wheeling of non-project water through facilities with excess capacity, thereby maximizing the <br />benefit to society of existing projects." <br /> <br />Even more recently, DOl has initiated "Water 2025" that includes a core principle that: "Existing <br />water supply infrastructure can provide additional benefits for existing and emerging needs for <br />water by eliminating institutional barriers to storage and delivery of water to other uses while <br />protecting existing uses and stakeholders". <br /> <br />There are several variants on the issues in expanding the use of existing Reclamation projects, <br />including: <br /> <br />· use of excess project water by entities that were not the original intended project <br />beneficiaries <br />. use of excess capacity (storage and/or conveyance) to move non-project water <br />· adding new types of water uses to the authorized purposes of existing projects <br />· how contract payments for such uses are determined and credited against project costs and <br />repayment <br /> <br />The focus to date has been exclusively on the movement of non-project water through excess <br />capacity. There are currently several options to accomplish this: <br /> <br />Use of Existing Authorities <br /> <br />· As may be expressly contained in the authorizing legislation for a specific project <br />· The Warren Act, 43 USC 523 - 525, which allows Reclamation to contract for the use of <br />excess project space by the owners of non-project water for irrigation purposes only. <br />· The Townsite Act, 43 USC 561-567, which allows Reclamation to contact with cities and <br />towns in the "immediate vicinity" of projects for the delivery of water utilizing "water rights <br />from the same source" of supply as the existing project. <br />· Drought Relief Act of 1991 <br />