WSP04237

• File Number: 8276.130
• Description: Grand Valley Unit-Colorado River Basin Salinity Control Project
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 7/21/1986
• Title: Authority of Mesa County Irrigation District and Palisade Irrigation District to Contract Pursuant to Colorado River Basin Salinity Control Act
• Water Supply Pro - Doc Type: Report/Study

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that the Districts will be unwilling to enter into Salinity

Control Contracts unless such contracts assure that all costs of

the construction, operation and maintenance of the lateral system

improved or constructed thereunder will be supplied currently by

the United States.

Section 1592(b)(2) of the Salinity Control Act provides:

Non-Federal entities shall be required by the Secretary
to contract for the long-term operation and maintenance of
canal and lateral systems constructed pursuant to activities
provided for in subsection (a) of this section; Provided,
that the Secretary shall reimburse such non-Federal entities
for the costs of such operation and maintenance to the extent
the costs exceed the expenses that would have been incurred
by them in the thorough and timely operation and maintenance
of their canal and lateral systems absent the construction of
a unit, said expenses to be determined by the Secretary after
consultation with the involved non-federal entities.

Neither District owns, operates or maintains the laterals

from its respective canals. In the past, laterals below the

headgates from the canals have been operated and maintained by the

various users thereof. Thus, there have been no expenses paid by

either District for lateral operation and maintenance costs.

The question arises, therefore, as to the interpretation of

the above provision of the Salinity Control Act. The provision

contemplates reimbursement to Contracting Districts for operation

and maintenance costs in excess of the costs "that would have been

incurred ~ them in the thorough and timely operations and

maintenance of their canal and lateral systems absent the

construction of a unit...". If this provision is interpreted as

meaning that reimbursements are calculated by deducting the costs

of maintenance and operation of the prior system regardless of

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