[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR417.3]

[Page 558-559]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 417--PROCEDURAL METHODS FOR IMPLEMENTING COLORADO RIVER WATER CONSERVATION MEASURES WITH LOWER BASIN CONTRACTORS AND OTHERS--Table of Contents
 
Sec. 417.3  Notice of recommendations and determinations.

    Following consultation with each Contractor and after consideration 
of all relevant comments and suggestions advanced by the Contractors in 
such consultations, the Regional Director will formulate his 
recommendations and determinations relating to the matters specified in 
Sec. 417.2. The recommendations and determinations shall, with respect 
to each Contractor, be based upon but not necessarily limited to such 
factors as the area to be irrigated, climatic conditions, location, land 
classifications, the kinds of crops raised, cropping practices, the type 
of irrigation system in use, the condition of water carriage and 
distribution facilities, record of water orders, and rejections of 
ordered water, general operating practices, the operating efficiencies 
and methods of irrigation of the water users, amount and rate of return 
flows to the river, municipal water requirements and the pertinent 
provisions of the Contractor's Boulder Canyon Project Act water delivery 
contract. The Regional Director shall give each Contractor written 
notice by registered or certified mail, return receipt requested, of his 
recommendations and determinations. If the recommendations and 
determinations include a reduction in the amount of water to be 
delivered, as compared to the calendar year immediately preceding, the 
notice shall be delivered to the Contractor or timely sent by registered 
or certified mail, return receipt requested, so that it may reasonably 
be delivered at least 30 days prior to the first date water delivery 
would be affected thereby, and shall specify the basis for such 
reduction including any pertinent factual determinations. The 
recommendations

[[Page 559]]

and determinations of the Regional Director shall be final and 
conclusive unless, within 30 days of the date of receipt of the notice, 
the Contractor submits his written comments and objections to the 
Regional Director and requests further consultation. If, after such 
further consultation, timely taken, the Regional Director does not 
modify his recommendations and determinations and so advises the 
Contractor in writing, or if modifications are made but the Contractor 
still feels aggrieved thereby after notification in writing of such 
modified recommendations and determinations, the Contractor may, before 
30 days after receipt of said notice, appeal to the Secretary of the 
Interior. During the pendency of such appeal, and until disposition 
thereof by the Secretary, the recommendations and determinations 
formulated by the Regional Director shall be of no force or effect. In 
the event delivery of water is scheduled prior to the new 
recommendations and determinations becoming final, said delivery shall 
be made according to the Contractor's currently proposed schedule or to 
the schedules approved for the previous calendar year, whichever is 
less.