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<br />r-~ ...,.. <br /> <br />8/16/99 USBR Staff Draft <br /> <br />. <br /> <br />future for new construction on a project, including additions, rehabilitations and <br />betterments, and major capital replacements, applied against the reimbursable costs, if <br />any, of such new construction in such manner as the Secretary deems just and equitable <br />as to the project contractors involved. <br /> <br />Section 205. 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 V.S.C. <br />gg390aa - 390zz-1) and from any farm unit size limitations established pursuant to 16 V.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 project 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 projeet 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; and <br /> <br />. <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 206. Compliance with State Law. <br /> <br />All persons or agencies or entities, private or public, which contract with the Secretary for <br />the use of excess capacity in Reclamation project facilities to store or convey non-project water <br />must comply will all applicable state laws, including, but not limited to, those conceming the <br />appropriation, diversion, storage, and use of water and changes of water rights. <br /> <br />6 <br /> <br />. <br /> <br />..........'-" <br />