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0 2. Illegal: i7ithout authorization, developers have, and wyll likely continue to, intentionally design drainage systems which discharge commercial and residential runoff into Reclamation facilities. Unauthorized discharge into Reclamation facilit±es is illegal and must be viewed either as trespass if the facility 's located on Reclamation fee title land, or as unreasonable interference if the facility is located on Reclamation easement lands. 3. Leval;- Political pressure to authorize discharge of urban drainage into existing Reclamation facilities is increasing. Many cities and counties in our region are struggling to cope with staggering rates of growth, and their infrastructure budgets are stretched to the limit. Existing project facilities have become an attractive alternative to eonst~rueting expensive neir drainage systems. 2ncreasingly, local governments are asking Reclamation to be a "good neighbor" and authorize the use of Reclamation facilities as part of municipal storm drainage systems. A certain amount of~such authorization is virtually unavoidable. Reclamation, however, must assure that it does not incur unreasonable burdens or liabilities as a result of such authorization: A9THORITY_ The Reclamation Project Act of 1939, Section 10, authorizes Reclamation to issue rights-of-use on Reclamation lands when such uses are determined to be "compatible" with authorized pro~eet purposes. Detailed guidance for issuing such rights-of-use can be found in 43 CFR '429, Reclamation Instructions Part 219.4 (which have not been sunset), and OMB Circular A-25. Applicants for rights-of-use must deposit an up-front administrative charge for review and processing of applications. Each application is considered individually. If the requested use is deemed to be compatible with project purposes and does not unreasonably burden Reclamation, the right-of-use can be authorized. If the requested use is deemed to be incompatible or burdensome, it canhot be authorized. Administrative costs must be carefully tracked, and costs in excess of the initial deposit must be collected. In addition to administrative costs, successful applidants are also required to pay the fair market value of the right-of-use they receive. Fair market value is determined by Reclamation. In a limited number of cases, all or any portion of the costs and fees may be waived if the applicant meets criteria outlined in 43 CFR 429. 5tandacd land management documents, such as License Agreements, Special Use Pencuts, and Grants of Easement, are used to authorize these rights-of-use. _ ~~ If Reclamation owns~the land underlying a facility in fee title, it has sole author=ty to authorize or deny any right-of-use.. If Reclamation owns an easement, only the owner of the underlying land can authorize uses of the land in addition to the interests owned by Reclamation. Therefore, as a general rule on easement lands, Reclamation can only consent to land uses it deems compatible or object to land uses it deems incompatible. Storm water drainage is an exception to this rule in that the fee owner has no authority to allow use of Reclamation facilities by third parties. Thus, permission must be obtained from both the landowner and Reclamation because only the landowner can authorize the use of the land and only Reclamation can authorize the use of the facility. -, 2