[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: 43CFR418.28]

[Page 578]
 
                    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. 418.28  Conditions of delivery.

    There are four basic elements for enforcement with all necessary 
quantities and review determined in accordance with the relevant 
sections of this part.
    (a) Valid headgate deliveries. If water is delivered to ineligible 
land or in excess of the appropriate water duty then:
    (1) The District will stop the illegal delivery immediately;
    (2) The District will notify the Bureau of the particulars including 
the known or estimated location and amounts;
    (3) The amount will not be included as a valid headgate delivery for 
purposes of computing the Project efficiency and resultant incentive 
credit or debit to Lahontan storage; and
    (4) If the amount applies to a prior year, then the amount will be 
treated directly as a debit to Lahontan storage in the same manner as an 
efficiency debit.
    (b) District efficiency. To the extent that the actual District 
efficiency determined for an irrigation season is greater or less than 
the established target efficiency, as determined for the corresponding 
actual valid headgate deliveries, then the difference in efficiency, 
expressed as a quantity in acre-feet, may be added to or subtracted from 
the actual Lahontan Reservoir storage level before it is compared to the 
monthly storage objective as follows:
    (1) Greater efficiency--Credited to the District as storage in 
Lahontan or subtracted from any accumulated debit, or two-thirds as 
storage in Lahontan for their discretionary use in accordance with state 
law.
    (2) Less efficient--Debited or added to Lahontan storage as an 
adjustment to the actual storage level.
    (c) Maximum Allowable Diversion (MAD). The MAD must be computed each 
year to determine the amount of water required to enable the delivery of 
full entitlements at established Project efficiencies. Project 
diversions must not exceed the MAD. Within the operating year, the 
Bureau will notify the District in writing of any expected imminent 
violations of the MAD. The District will take prompt action to avoid 
such violations. The Bureau will exercise reasonable latitude from month 
to month to accommodate the District's efforts to avoid exceeding the 
MAD.
    (d) Maximum Efficiency Debit (MED). If the MED exceeds 26,000 AF at 
the end of any given year, the District must prepare and submit to the 
Bureau for review and approval, a plan detailing the actions the 
District will take to either earn adequate incentive credits or to 
restrict deliveries to reduce the MED to less than 26,000 AF by the end 
of the next year. The plan must be submitted to the Bureau in writing 
before the date of March 1 immediately subsequent to the exceeding of 
the MED. If the District fails to submit an approvable plan, Project 
allocations will be reduced by an amount equal to the MED in excess of 
26,000 plus 13,000 (one-half the allowable MED). Nominally this will 
mean a forced reduction of approximately five percent of entitlements. 
The Bureau will notify the District in writing of the specific 
allocation and method of derivation in sufficient time for the District 
to implement the allocation. Liabilities arising from shortages 
occasioned by operation of this provision must be the responsibility of 
the District or individual water users.

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