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9. '_ isc c" taro 3~•-view: "rban storm water discharge is a complex issue which crosses d~sc_piinary lines. Because discharges will be reviewed and licensed under Reclamation's land management laws and regulations, it is reccmmended chat aonlica a ens initially be submitted to and coordinated by specialists in land management. As a minimum, additional review of each application shall be obtained from specialists in environmental affairs, water quality, hazardous materials, and engineer~nq/o6M. 5. Review of Authorized P_'Oiect Purposes: a. No discharge shall be authorized until it has been determined to be eomnatible with authorized project purposes. Applications which are deemed incompatible shall be denied. b. In the event that the facility in question is found to be no longer needed for authorized purposes, the facility should be declared excess and disposalprocedures should be initiated. Transfer of title to the local government may be an option. No authority presently exists which would allow transfer of title to facilities located in areas currently in transition from agricultural to urban uses as long as those facilities are still partially used for agricultural drainage. 6. dcm,;_s;tion of Necessary Ri_aht-of-Wav: In many cases, Reclamation's drainage facilities are located on lands where Reclamation holds only an easement interest. Easements acquired by Reclamation for these facilities are frequently narrow in~scope and limited to use for agricultural or irrigation drainage. Urban storm water drainage would exceed the scope of such easements and would impose an additional burden upon the underlying land. Therefore, any applicant who desires to discharge storm water into facilities where Reclamation owns only an easement interest must first secure hislher own easement for storm water drainage from the owner(s) of the land underlying the portion of the facility he/she plans to use. If either Reclamation or the landowner is unwilling, the application must be denied. 7. Use of Reclamation's 1890 Act Rights-of-Wav: Many Reclamation facilities are located on rights-of-way acquired by Reclamation through exercise of patent rights reserved to the United States under the Act of August 30, 1890. By statute, such rights-of-way are for ". ditches and canals constructed by the authority of the United States." Because the .. statute deals with rights-of-way, these .facilities mould be treated the same ~~ as easement facilities. Solicitor's counsel shall be obtained prior to considering any upgrade of such facilities. 8. water ouality: Care must be exercised to ensure that Reclamation does not violate the Clean Water Act and become liable for polluting "waters of the Vnited States." Proactive relationships with Federal, state, and local regulatory agencies should be developed and nurtured. However, the applicant, not Reclamation, shall be responsible for contacting all Federal, state, and local agencies claiming jurisdiction (i•e., Army Corps of Engineers, Environmental Protection Agency, state water quality certifications [Section 401 of Clean Water Act), state departments of environmental quality, etc.). The applicant shall also be responsible for obtaining any Federal, state, or local permits required, including all permits required under the Clean Watez Act. Applicants must show proof, in writing, that they have contacted all appropriate agencies and complied with their requirements. Baseline water quality information will be collected prior to accepting any _. discharge. Applicants/beneficiaries will be required to help fund long-term ' environmental monitoring programs to assure that water quality within the 4