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BOARD01721
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Last modified
8/16/2009 3:06:17 PM
Creation date
10/4/2006 7:01:32 AM
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Template:
Board Meetings
Board Meeting Date
11/22/1999
Description
Federal Issues - Warren Act
Board Meetings - Doc Type
Memo
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<br />. <br /> <br />The eommunities and areas near to and served by Reclamation Projects are ehanging in their <br />water needs. The operating organizations and beneficiaries of these Reclamation projeets <br />belong to and care deeply about the communities where they live. The Bureau of Reclamation <br />has taken a frustrating and contradictory stance with regard to the ehanging water needs in <br />areas close to Reclamation projeets. When the Bureau, and its parent organization, the <br />Interior Department, want to proceed with the Bureau's "new mission" and provide non- <br />traditional uses for project facilities, the Bureau and Interior are capable of finding a multirude <br />of authority to justify acting as they choose. However, when projeet beneficiaries and the <br />communities in the area of Reclamation projects attempt to eontract to use project faciliries <br />for purposes beneficial to the eommunities where projeet beneficiaries live, work and shop, the <br />Bureau suddenly finds that it has no authority to use projeet facilities for nonproject, <br />nonirrigation pUrposes, citing the Warren Act. In several instances, such as at the Fryingpan- <br />Arkansas Projeet, the Bureau has eontradicted its past practices at the projeet in taking this "no <br />authority" position. This amendment is designed to provide authority to use Reclamation <br />projeets and faciliries to store and deliver nonprojecr municipal and industrial water. <br /> <br />Issue No.4: The aereage limitations for Warren Act irrigation users should be consistent with the <br />limitations provided in the Reclamation Reform Act of 1982, as amended. <br /> <br />. Amendments addressing this issue. <br /> <br />Amend Section 2 of the Warren Act (43 U.S.C. ~ 524) to read as follows: <br /> <br />In carrying out the provisions of said reclamation Aet and Acts amendatory thereof or <br />subsequently thereto, and the Water Conservation Aet, the Secretary of the Interior is <br />authorized, upon such terms as may be agreed upon, to cooperate with organizations, <br />eorporations, entrymen or water users for the eonstruetion or use of such reservoirs, eanals, <br />or ditches as may be advantageously used by the Government and organizations, corporations, <br />entrymen or water users for impounding, delivering and earrying water for irrigation purposes: <br />Provided, That the title to and management of the works so consrrueted shall be subjeet to the <br />provisions of seetion 498 of this title: Provided further, That water shall not be furnished <br />from any such reservoir or delivered through any such canal or ditch to landholdings in <br />excess of the aereage limitations contained in section 390dd of this title: Provided, That <br />nothing contained in seetions 523 to 525 of this title shall be held of construed as enlarging <br />or attempting to enlarge the right of the United States, under existing law, to eontrol the <br />waters of any stream in any State. <br /> <br />. <br /> <br />.6- <br />
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