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<br />ER 1105-2-100 <br />28 Dee 90 <br /> <br />(d) Compensation to others for losses in their operations (may be same as <br />(c) above); and, <br /> <br />(e) Payment of an amount equal to one-half the savings to non-Federal <br />interests (least cost alternative minus the specific eost of the modifications). <br />In any case, the cost to the non-Federal sponsor should not exceed the costs <br />derived in paragraph 4-32d(2) for permanent reallocation of storage. <br /> <br />(4) Limits on Future Use Storage. Based on provisions in the Water Supply <br />Act of 1958, as amended, not mor,e than 30 percent of total construction costs can <br />be allotted to water supply for 'future use. Because it is Army policy to obtain <br />full payment from non-Federal interests for the allocated capital costs of water <br />supply prio. to o. during construction, when practical, o. to ente. into a <br />..epayment cont.act fo..the full amount of allocated wate. supply costs p.io. to <br />initiation of construction, sto.age fo. future water supply should be formulated <br />only on an exception' basis. Requests for such exception should be forwa.ded to <br />HQUSACE for approval prior to p.epa.ation of, draft feasibility rpo.ts fo. new <br />.eservio. projects <br /> <br />(5) Water Rights. Wate. .ights necessary for the use of the sto.ed water <br />will not be acqui.ed by the Corps but 1<ill be obtained as necessary by the water <br />users. The Corps should not become involved in resolving conflicts among wate. <br />use.s cver the .ight to use stored wate. fo. water supply purposes, but will look <br />to .esponsible state agencies to .esolve such conflicts. Where mo.e than one <br />user is involved in the same project, it is desirable that arrangements be made <br />with a single agency, if p.acticable, fo. payment and use of the entire water <br />supply storage. Possible enc.oachment of the operation, of water supply storage <br />on the lawful wate. uses in the downstream areas will be carefully conside.ed and <br />fully coo.dinated with the .esponsible local inte.ests as well as with the state <br />agency responsible for the administration of wate. .ights and wate. laws. <br /> <br />(6) Permanent Rights to Storage. Unde., the autho.ity of Public Law <br />88-140, the non-Fede.al sponso. acqui.es a permanent .ight to the use of sto.age <br />fo. which they have completed payments unde. an ag.eement with the government, <br />as long as the space is physically available, taking into conside.ation equitable <br />.eallocations as necessitated by sedimentation. They IDUstalso agJ;ee to continue <br />to pay their share of annual ope.ation and maintenance costs allocated to the <br />water supply sto.age, together. with their share of the costs allocated to any <br />necessary reconstruction, rehabil~tation, o. replacement of any features which <br />may_be required to ope.ate the'project. <br /> <br />(7) Water Duali tv. The Federal Government makes no repres~tation and <br />assumes, no responsibility with respect to the quality or the treatment of the' <br />water. <br /> <br />,~"..~ ,. <br />\. <br /> <br />4-49 <br /> <br />....0::... <br />