[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: 43CFR417.5]

[Page 559-560]
 
                    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. 417.5  Duties of the Commissioner of Indian Affairs with respect to Indian reservations.

    (a) The Commissioner of Indian Affairs (herein termed 
``Commissioner'') will engage in consultations with various tribes and 
other water users on the Indian Reservations listed in Article II (D) of 
said Supreme Court Decree, similar to those engaged in by the Regional 
Director with regard to Contractors as provided in Sec. 417.2 of this 
part. After consideration of all comments and suggestions advanced by 
said tribes and other water users on said Indian Reservations concerning 
water conservation measures and operating practices in the diversion, 
delivery, distribution and use of Colorado River water, the Commissioner 
shall, within the limits prescribed in said decree, make a determination 
as to the estimated amount of water to be diverted for use on each 
Indian Reservation covered by the above decree. Said determination shall 
be made prior to the beginning of each calendar year. That determination 
shall 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 tribes and water users on each 
reservation, the amount and rate of return flows to the river, municipal 
water requirements, and other uses on the reservation. The Commissioner 
of Indian Affairs shall deliver to the Regional Director written notice 
of the amount of water to be diverted for use upon each Indian 
Reservation for each year 60 days prior to the beginning of each 
calendar year and the basis for said determination. The determination of 
the Commissioner shall be final and

[[Page 560]]

conclusive unless within 30 days of the date of receipt of such notice 
the Regional Director submits his written comments and objections to the 
Commissioner of Indian Affairs and requests further consultation. If 
after such further consultation, timely taken, the Commissioner does not 
modify his determination and so advises the Regional Director in writing 
or if modifications are made by the Commissioner but the Regional 
Director still does not agree therewith, the Regional Director may, 
within 30 days after receipt of the Commissioner's response, appeal to 
the Secretary of the Interior for a decision on the matter. During the 
pendency of such appeal and until disposition thereof by the Secretary, 
water deliveries will be made to the extent legally and physically 
available according to the Commissioner's determination or according to 
the Commissioner's determination for the preceding calendar year, 
whichever is less.
    (b) Modifications of said determinations due to changed conditions, 
emergency or hardship may be made by the Commissioner, subject, however, 
to the right of the Regional Director to appeal to the Secretary, as 
provided in the case of an initial determination by the Commissioner. 
During the pendency of such an appeal, water deliveries will be made on 
the basis of the initial determination.