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<br />( <br /> <br />( <br /> <br />Section 9(c) of the Flood Control Act of 1944 (53 Stat. 887) which <br /> <br />provides that subject, to recommendations regarding pa~~ents found in <br /> <br />S. Doc. No. 191, 78th Cong., 2d Sess. (1944) etc., reclamation developments <br /> <br />shall be governed by the Federal Reclamation Laws. Reclamation developments <br /> <br />have historically served M&I requirements. <br /> <br />Section 9(c)(2) of the Reclamation Project Act of 1939 (53 Stat. <br /> <br />1187) provides that tt.&I water service contracts "shall be for such <br /> <br />periods, not to exceed forty years, and at such rates, as in the <br /> <br />Secretary's judgment will produce revenues at least sufficient to cover <br /> <br />an appropriate share of the annual operation and maintenance costs and <br /> <br />an appropriate share of such fixed charges as the Secretary deems proper." <br /> <br />The language last underlined is controlled, under the PSMBP, by <br /> <br />the Congressionally endorsed reconunendati(.n in S. Doc. No. 191, at p. 2, <br /> <br />that "Waterusers rural and urban would be expected to repay in accordance <br /> <br />wi th their abil1 ty and the benefits extended theln." <br /> <br />Benefits can be measured by alternative costs. In S. Doc. No. 191, <br /> <br />at p. 26, basin-wide M&I benefits were estimated to be 101 per thousaud <br /> <br /> <br />gallons which would a~ount to $32.50 per acre-foot. In H.R; Doc. No. 325, <br /> <br />86th Cong., at p. 81, 1.1&1 benefits on the Garrison Diversion Unit ~Tere <br /> <br />estimated to approximate $17.24 per acre-foot. In S. Rep. No. 699, 90th <br /> <br />Cong., at p. 5, M&I benefits on the Oahe Unit were estimated to approximate <br /> <br />$28.70 per acre-foot. <br /> <br />(2) Bureau authority for the sale of M&I water under the ps~rnp could <br /> <br />also be premised on Title III of the Water Supply Act of 1958, supra. <br /> <br />But this would involve a new allocation of costs with the attendant <br /> <br />need for again resolving the benefits and appropriate repayment obligations <br /> <br />of the varied project beneficiaries. <br /> <br />5 <br /> <br />i <br />~' 'I <br />