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<br />. <br /> <br />. <br /> <br />. <br /> <br />are an exemption for water conserved and a call for consideration <br />of bUild-up schedules and needs. <br /> <br />However painted, these provisions spell forfeiture. <br />Forfei ture is a concept well-rooted, but infrequently enforced, <br />in state water law in the West. It calls for the loss of that <br />portion of a water right not used for a particular period, <br />commonly five years in most states. It traditionally has not <br />been viewed as being relevant in the Lower Colorado River Basin <br />because of the clear language of Section 5 of the Boulder Canyon <br />proj ect Act: "Contracts respecting water for irrigation and <br />domestic uses shall be for permanent service ...." <br /> <br />There is a German proverb that goes "Forever is a long <br />bargain." The Bureau is now suggesting that "permanent service" <br />is too long of a bargain if you are not fully utilizing the <br />benefits of the bargain. The Bureau proposes to review water use <br />at five-year intervals, raising the possibility of reduced <br />entitlements after each go-around. <br /> <br />C. Enforcing Beneficial Use Through Conservation (415.17) <br /> <br />Unlike the current regulations (Part 417, 43 CFR), the <br />draft regulations call for water conservation plans to be <br />developed by all users except those that irrigate less than 2000 <br />acres or, as to domestic users, those that have diversion <br />entitlements less than 5000 acre feet per year. (As you know, <br />the Reclamation Reform Act of 1982 (Section 210 (b)) has imposed <br />the requirement of a water conservation plan as to agricultural <br />water districts.) The draft regulations provide that "each plan <br />shall contain reasonable and economically feasible goals, <br />measures, and time schedules" pursuant to the Reclamation Reform <br />Act. The plans are to be updated in 5 year intervals. The <br />Regional Director may direct modifications in the plans where <br />they are deficient. The end result can be reductions in <br />diversions until the non-beneficial or unreasonable use <br />disappears (415.17(g)). <br /> <br />D. Transferring Entitlements, Exchanges, and Temporary <br />Sales (415.8; 415.9) <br /> <br />Under the draft regulations, contract entitlements may <br />be transferred or assigned from one entity to another, but only <br />within the state and for the amount that represents the historic <br />consumptive use. In passing upon proposed transfers the Regional <br />Director is to consider third party impacts, applicable law and <br />comments from state authorities. Among the safeguards required <br />is a written commitment to mitigate third party impacts and <br />permanently manage lands idled by the transfer (415.8). <br /> <br />8~80 <br /> <br />- 7 - <br />