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BOARD00827
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Last modified
8/16/2009 2:54:26 PM
Creation date
10/4/2006 6:44:37 AM
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Board Meetings
Board Meeting Date
3/20/2000
Description
Federal Issues - Warren Act
Board Meetings - Doc Type
Memo
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<br />requires a different disposition of revenues, in which event such statute shall prevail over this <br />title, all remaining revenues in excess of those in (I) and (2) shall be covered into the reclamation <br />fund created by section I of the Act of June 17, 1902 (43 D.S.C. g391), and credited to the <br />project involved in, and only in, the following manner. Notwithstanding the Act of August 11, <br />1939 (16 D.S.C. gg590y - 590z-10), revenues derived from the use of excess facilities capacity in <br />projects constructed pursuant to the said act shall be credited to the project involved in <br />accordance with this paragraph (3). <br /> <br />(A) If reimbursable construction costs are outstanding at the time revenues are <br />received, then all remaining revenues shall be credited against such reimbursable costs in <br />such manner as the Secretary deems just and equitable as to the project contractors <br />involved; Provided, however, that the revenues so credited shall noi be applied so as to <br />reduce the amount of the current annual payments due to the Secretary from the project <br />contractors or any other parties which are responsible for paying outstanding <br />reimbursable construction costs. <br /> <br />(B) Ifno reimbursable construction costs are outstanding at the time revenues are <br />received, then all remaining revenues shall be accumulated to the credit of the project <br />involved and such credits shall be, if and when Congress appropriates monies from such <br />credits in the future for new construction on a project, including, but not limited to, <br />additions, rehabilitations and betterments, safety of dam modifications, and major capital <br />replacements, applied against the reimbursable costs, if any, of such new construction in <br />such manner as the Secretary deems just and equitable as to the project contractors <br />involved. <br /> <br />Section 204. Non-Project Water Exempt from Acreage Limitations. <br /> <br />Non-project water diverted. stored, impounded, pumped, or conveyed under a contract <br />entered into pursuant to this title shall be exempt from any acreage limitation provisions of the <br />Act of June 17, 1902 (32 Stat. 388). and acts amendatory thereof and supplementary thereto, <br />including, but not limited to, the Reclamation Reform Act of 1982 (96 Stat. 1263.43 D.S.C. <br />gg390aa - 390zz-1) and from any farm unit size limitations established pursuant to 16 D.S.C. <br />g590z-2(c)(5); Provided, however, that in the event such non-project water is commingled with <br />project water in Reclamation project facilities, and the resulting commingled supply is used to <br />irrigate lands in a proj ect contractor's service area, then such commingled water shall bear the <br />same acreage limitations or farm unit size limitations as 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 />proj ect water; af\d <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 />Section 205. Compliance with State Law. <br /> <br />6 <br /> <br />. <br /> <br />~ <br /> <br />'-.. <br />
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