[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: 43CFR418.13]

[Page 565-569]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 418--OPERATING CRITERIA AND PROCEDURES FOR THE NEWLANDS RECLAMATION PROJECT, NEVADA--Table of Contents
 
Sec. 418.13  Maximum allowable limits.

    (a) Maximum allowable diversions. (1) A provisional water budget in 
the Newlands Project Water Budget table must be recalculated for each 
irrigation season to reflect anticipated water-righted acres to be 
irrigated. At the start of the irrigation season, the maximum allowable 
diversion (MAD) for each year must be determined by revising the first 
10 lines of the Newlands Project Water Budget table based on acres of 
eligible land anticipated to actually be irrigated in that year 
(Sec. 418.9(a)) and the water duties for those lands (Sec. 418.10 ). At 
the end of the irrigation season, the required target efficiency must be 
recalculated for the irrigation season based on the actual irrigated 
acres and percent use of headgate entitlements.

[[Page 566]]

[GRAPHIC] [TIFF OMITTED] TR18DE97.004

    (2) The MAD will be calculated annually to ensure an adequate water 
supply for all water right holders whose water use complies with their 
decreed entitlement and this part. The MAD is the maximum amount of 
water permitted to be diverted for irrigation use on the Project in that 
year. It is calculated to ensure full entitlements can be provided, but 
is expected to significantly exceed Project requirements. The MAD will 
be established by the Bureau at least 2 weeks before the start of each 
irrigation season. All releases of water from Lahontan Reservoir and 
diversions from the Truckee Canal (including any diversions from the 
Truckee Canal to Rock Dam Ditch) must be charged to the MAD except as 
provided in Secs. 418.23 and 418.35 of this part.
    (3) On the basis of the methodology adopted in this part (i.e., 
actual irrigated acres multiplied by appropriate water duties divided by 
established project efficiency) an example of the MAD calculated for the 
projected irrigated acreage as shown in the Newlands Project Water 
Budget table would be 308,319 acre-feet for the 1995 Example. The sample 
MAD corresponds

[[Page 567]]

to a system efficiency for full deliveries at 66.9 percent for 1995 
actual acres. Target efficiencies must be based on the percentage of 
maximum headgate entitlement delivered and not on the percent of water 
supply available.
    (4) The table Expected Project Distribution System Efficiency shows 
the target efficiencies which will be used over the range of irrigated 
acreage and percent use of entitlement expected in the future. At the 
beginning of the irrigation season, the target efficiencies from the 
Expected Project Distribution System Efficiency table used to calculate 
the MAD will be based on the expected irrigated acreage and expected 
percent use of entitlement. At the end of the irrigation season, the 
actual acreage irrigated and actual percent use of entitlement will be 
used to determine the required efficiency from the Expected Project 
Distribution System Efficiency. The target efficiencies are read 
directly from the table if the acreage and use of entitlement values are 
shown, otherwise the target efficiency must be extrapolated from the 
table or calculated using the Efficiency Equation. Appendix A of this 
part shows the calculations used to derive the Efficiency Equation and 
the efficiency targets.

[[Page 568]]

[GRAPHIC] [TIFF OMITTED] TR18DE97.005

    (5) Adjustments in the MAD must be made by the Bureau each year 
based on changes in irrigated eligible land from the prior year and 
subsequent decisions concerning transfers of Project water rights, using 
the methodology established in this section.

[[Page 569]]

    (6) If the MAD for a given year will not meet the water delivery 
requirements for the eligible land to be irrigated due to weather 
conditions, canal breaks, or some other unusual or unforeseen condition, 
the District must ask the Bureau for additional water.
    (i) The District's request must include a written statement 
containing a detailed explanation of the reasons for the request.
    (ii) The Bureau must promptly review the request and after 
consultation with the Federal Water Master and other interested parties, 
will determine if the request or any portion of it should be approved. 
The Bureau will make reasonable adjustments for unforeseen causes or 
events but will not make adjustments to accommodate waste or Project 
inefficiency or other uses of water not in accordance with this part or 
with State and Federal law.
    (iii) The Bureau will then notify the District of its determination. 
If the District does not agree with the Bureau's decision, it may seek 
judicial review. The Bureau and the District will seek to expedite the 
court proceeding in order to minimize any potential adverse effects.
    (b) Maximum allowable efficiency debits (MED). The debits in 
Lahontan Reservoir storage from the District's actual conveyance 
efficiency not achieving the target efficiency can accumulate over time. 
If these amounts of borrowed storage get too large they may not be 
offset later by increased efficiencies and may severely affect the 
District's water users by imposing an added ``drought'' on top of a real 
one. Therefore, the maximum efficiency debit cushion is set at 26,000 
acre-feet. However, unlike the MAD, it only applies to the subsequent 
year's operation. The MED is approximately 9 percent of the headgate 
entitlements.

                          Monitoring Diversions