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Last modified
1/26/2010 12:51:45 PM
Creation date
10/11/2006 11:55:22 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.800.10
Description
Colorado River-Colorado River Basin-Colorado River Basin General Correspondence-Lower Basin\states
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
12/12/1991
Author
Gary D Weatherford
Title
As the Ratchet Turns Bureau Regulations for the Lower Basin
Water Supply Pro - Doc Type
Report/Study
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<br />. <br /> <br />. <br /> <br />. <br /> <br />filling stage. The Met's water was exempted from this <br />curtailment. Angered by the curtailment, the Yuma Mesa <br />Irrigation and Drainage District unsuccessfully sued Secretary <br />Udall (253 LSupp. 909 (1966)). The Court decided that the <br />sovereign had not consented to be sued. The Court gratuitously <br />added (at p. 912) that the District's water contract <br /> <br />does not require the delivery to the <br />plaintiff of any specific quantity of water, <br />but only of so much water as may be <br />'reasonably required and beneficially used' <br />by the plaintiff. <br /> <br />Previously, in its 1963 opinion, the u.S. Supreme court had <br />left the Secretary of the Interior broad discretion as to how to <br />allocate water in times of shortage (see 373 u.S. 546, at 593-4). <br />The regulations now in effect (Part 417, Code of Federal <br />Regulations, "Procedural Methods for Implementing Colorado River <br />Water Conservation Measures With Lower Basin Contractors and <br />Others") evolved from ones adopted in 1964 (Fed. Reg. 13, 604-13. <br />606) in the wake of the Arizona v. California opinion. An <br />amendment specifying water conservation practices, and stating <br />that water deliveries are not to exceed that "reasonably required <br />for beneficial use", was added in 1969. Revisions covering <br />Indian reservations and federal establishments were adopted in <br />1972 (37 Fed. Reg. 18076). <br /> <br />The current regulations dating from 1964 call for the <br />Regional Director or his designee to consult with each contractor <br />before the end of the calendar year to estimate the water <br />requirements for the following year. The Regional Director's <br />obj ective is to make "annual recommendations relating to water <br />conservation measures and operating practices in the diversion, <br />delivery, distribution and use of Colorado River water " <br />(Section 417.2.) Various criteria are given in the regulations <br />to aid the Regional Director. The contractor is given written <br />notice of the recommendations and determinations. The contractor <br />then has thirty days within which to comment. Provision is made <br />for the contractor to seek modification of the recommendations <br />and determinations on the basis of changed conditions, <br />emergencies or hardships. (Section 417.4.) <br /> <br />Similar provisions are provided with respect to Indian <br />Reservations. (Section 417.5.) Significantly, the current <br />regulations provide (at Section 417.1) that the Regional <br />Director, at his discretion, can exempt small contractors and <br />"contractors for municipal and industrial water" from the <br />procedures. That has been the practice. <br /> <br />The 1964 regulations, as amended, have had modest effect. <br />They have memorialized the Bureau's entry into the regulatory <br /> <br />68RO <br /> <br />- 5 - <br />
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