BOARD01721

• Board Meeting Date: 11/22/1999
• Description: Federal Issues - Warren Act
• Board Meetings - Doc Type: Memo

STATES, OR HAS COMPLETED PAYMENTS ON SUCH A CONTRACT, BUT THE .
TITLE TO THE WORKS CONSTRUCTED TO FURNISH OR DISTRIBUTE A
WATER SUPPLY HAS NOT BEEN TRANSFERRED TO THE ORGANIZATION;
PROVIDED: WITH REGARD TO THE CENTRAL VALLEY PROJECT, THERE
SHALL BE NO "REPAYMENT ORGANIZATION" IN ADDITION TO THE
"OPERATING ORGANIZATION."

(8) THE TERM "WATER CONSERVATION AND UTILIZATION ACT"
SHALL MEAN BOTH THE ACT OF AUGUST 1!, 1939, CHAPTER 717, 53 STAT.
1418, AS AMENDED, AND THE AUTHORITY CONTAINED IN THE
APPROPRIATION ACT OF MAY 10, 1939.

(B) The Seeretary of the Interior in eonnection with the operations under the reclamation
law AND THE WATER CONSERVATION AND UTILIZATION ACT is hereby
authorized to enter into eonttactS to STORE, TRANSPORT, OR supply PROJECT OR
NONPROJECT water IN OR from any project FACILITY, OR TO CONTRACT TO
STORE, TRANSPORT, OR SUPPLY PROJECT WATER IN OR FROM ANY
NONPROJECT FACILITY FOR irrigatien I3)stem for ether p\:lrlleseJ tl-.Ra irrigatieft
IRRIGATION, MUNICIPAL, [or] AND INDUSTRIAL PURPOSES, upon such
conditions of delivery, use, and payment as he may deem proper:-- INCLUDING
CHARGES LEVIED AS CONTEMPlATED BY SUBSECTION J OF THE FACT
FINDERS ACT (THE SECOND DEFICIENCY APPROPRIATION ACT FOR 1924; 43
U.s.C. S 526) AS AMENDED BY THIS ACT: provided, That the approval of such .
contraet by the ....ater \:Isers' asseeiatiea t'}r asseeiatieas OPERATING ORGANIZATION
AND, IF DIFFERENT, THE REPAYMENT ORGANIZATION, shall have first been
obtained,; Provided, +that THE OPERATING ORGANIZATION, AND, IF
DIFFERENT, THE REPAYMENT ORGANIZATION, HAS DETERMINED THAT fie
stich eeatract shall be entered ,ate exeCj;t \:Illefi a sheNiag thRt there is fie ether praetieable
3a\:lree ef '"ater supply fer the purpese. Prmidea further, That na ..ater shall be fumi3hed
f-or the \:l3eS aferesfiia if the cleli.eI'Y ef s\:leh .vatel' shall be detrimental te the ..fiter ser"iee
fur s\:leh irrigatiefi prejeet, nor te the rights ef fifty prier allprellriatet. Pre. idea Further,
That the menerS deri.ed frem sueh eefitraelJ shall be ee.ered into the reelaffiatier, fund
ar,d be plueecl ta the eredit ef the prejeet from v;hioh 3\:1efl water is 3\:1ppl,ed. SUCH
CONTRACT IS NOT (I) DETRIMENTAL TO THE PROVISION OF WATER TO OR
BY SUCH IRRIGATION PROJECT OR THE RIGHTS OF PRIOR APPROPRIATORS
UNDER STATE lAW; OR (11) INCONSISTENT WITH EITHER THE
AUTHORIZING ACT, SUBSEQUENT PROJECT SPECIFIC LEGISlATION
GOVERNING PROJECT OPERATIONS OR, WHERE APPLICABLE, THE
OPERATING PRINCIPLES FOR THE PROJECT. THE TERM OF SUCH
CONTRACTS SHALL BE FOR THAT PERIOD OF YEARS REQUESTED BY THE
CONTRACT BENEFICIARY, SUBJECT TO SUCH REASONABLE LIMITATION

.