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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 />Explanation and justification of the amendments. <br /> <br />The Warren Aet eurrently prohibits the furnishing of water from a Reclamation reservoir or <br />delivered through a Reclamation eanal or ditch to anyone landowner in excess of 160 aeres. <br />This 16O-acre limitation was consistent with the limitation contained in the 1902 Reclamation <br />Act. Congress acknowledged the 160-aere limitation is not, and never has been, a reasonable <br />limitation for a produetive farm in the arid west in passing the 1982 Reclamation Reform Aet <br />(RRA). RRA ~ 204 (43 U.S.c. ~ 390dd) permits a qualified recipient to receive water for up <br />to 960 acres. This amendment brings the Warren Act into conformity with the RRA, by <br />incorporating the RRA acreage ownership limitations by referenee. <br /> <br />Issue No.5: The proposed amendments do not alter the financial arrangements provided for in the <br />Central Valley Project Improvement Act, the Lower Colorado Basin Project Act or <br />previously entered conrracts. <br /> <br />Amendments addressing this issue. <br /> <br />Language appearing in both 43 U.S.c. ~~ 524 and 525: <br /> <br />(b) Notwithstanding subsection (a), nothing in this act shall affect the disposition or . <br />application of monies (i) which are required to be deposited into the restoration fund created <br />by section 3407 (a) of the Central Valley Project Improvement Act (ii) received pursuant to <br />section 403 (c) of the lower Colorado Basin Project Act, or (iil) which is governed by an <br />existing eon tract with the United States. <br /> <br />Explanation and justification of the amendments. <br /> <br />Equally important as what the proposed amendments endeavor to do, is what the amendments <br />do not do. Nothing in these amendments affeets the balanee intended to be aehieved by the <br />Central Valley Project Improvement Act, particularly the funding of the restoration fund. <br />Nothing in these amendments affeets the financial provisions eontained in section 403(c) of <br />the lower Colorado Basin Projeet Aet. Finally, these amendments do not alter existing <br />contracTUal relationship entered into by Reclamation under the Warren Act or the <br />Miscellaneous Purposes Aet. These amendments operate prospectively. <br /> <br />-7- <br /> <br />. <br />
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