|
<br />Section 103. Application of Acreage Limitation Provisions to Existing Warren Act
<br />Contracts.
<br />
<br />Notwithstanding the provisions of any contracts entered into prior to the date of
<br />enactment of this Act pursuant to the authority of the statute identified in Section 101 of this title
<br />for the use of excess capacity in Reclamation project facilities for the impoundment, storage, or
<br />carriage of non-project water, such non-project water shall be exempt, after the date of enactment
<br />of this Act. from the application of any acreage limitation provisions of the Act of June 17, 1902
<br />(32 Stat. 388), and acts amendatory thereof and supplementary thereto, including, but not limited
<br />to, the Act of February 21, 1911 (43 U.S.c. 99523-525) and the Reclamation Reform Act of
<br />1982 (96 Stat. 1263,43 U.S.C. 99390aa - 390zz-1), and from any farm unit size limitations
<br />established pursuant to 16 V.S.C. S590z-2(c)(5); Provided, however, that in the event such non-
<br />project water is commingled with project water in Reclamation project facilities, and the
<br />resulting commingled supply is used to irrigate lands in a project contractor's service area, then
<br />such commingled water shall bear the same acreage limitations or farm unit size limitations as
<br />the project water unless--
<br />
<br />(i) contract provisions are in effect which provide that project or non-project water, or
<br />both, will be accounted for on a quantitative basis, that project water will not be delivered to
<br />ineligible land, and that appropriate charges, as determined by the Secretary, will be paid for the
<br />project water; and
<br />
<br />(ii) the charges for the use of the excess capacity include an appropriate interest
<br />component, as determined by the Secretary.
<br />
<br />TITLE II--CONTRACTS FOR THE USE OF EXCESS FACILITIES CAPACITY
<br />
<br />Section 201. Contracting Authority.
<br />
<br />(a) The Secretary is authorized to enter into contracts with any person or any agency or
<br />entity, private or public (including, but not limited to. irrigation districts and associations, water
<br />conservation and conservancy districts, municipalities, special purpose districts, public water
<br />districts and agencies, other Federal agencies, State agencies, Tribes, and non-governmental
<br />entities), for the use of capacity in Reclamation project facilities which the Secretary has declared
<br />in writing as excess to that needed for a project's authorized purposes for the purpose of
<br />diverting, storing, impounding, pumping, or conveying non-project water for irrigation,
<br />domestic, municipal and industrial, fish and wildlife, hydropower, or any other beneficial
<br />purposes; Provided, however, that such contracts shall not impair or otherwise interfere with
<br />
<br />(I) a proj ect' s authorized purposes,
<br />
<br />(2) the ability of project contractors to meet existing repayment obligations, or
<br />
<br />(3) the capacity in Reclamation project facilities which is needed to satisfy a
<br />project's authorized purpose and contractual obligations existing at the time of the execution of a
<br />contract under the authority of this Title.
<br />
<br />Except as specifically provided by statute or by contracts executed prior to the enactment of this
<br />
<br />3
<br />
|