[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: 43CFR418.36]

[Page 580-581]
 
                    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. 418.36  Incentives for additional long term conservation.

    (a) As an incentive for the District to increase the efficiency of 
the delivery system beyond the expected efficiency of 65.7 percent (66.9 
percent with full delivery) as shown in the Newlands Project Water 
Budget table, 1995 Example, the District will be allowed to store and 
use the Carson River portion of the saved water at its discretion, in 
accordance with Nevada State Law and this part.
    (1) If the District is able to exceed its expected efficiency, the 
District may store in Lahontan Reservoir two-thirds (2/3) of the 
additional water saved. (The remaining one-third (1/3) of the water 
saved will remain in the Truckee River through reduced diversions to 
Lahontan Reservoir). This water will be considered incentive water saved 
from the Carson River and will not be counted as storage in determining 
diversions from the Truckee River or computing the target storage levels 
for Lahontan Reservoir under this part.
    (2) For purposes of this part, incentive water is no longer 
considered Project water. The District may use the water for any purpose 
(e.g., wetlands, storage for recreation, power generation, shortage 
reduction) that is consistent with Nevada State Law and Federal Law. The 
water will be managed under the District's discretion and may be stored 
in Lahontan Reservoir until needed subject to the limitations in (a)(3) 
of this section.
    (3) The amount of incentive water stored in Lahontan Reservoir will 
be reduced under the following conditions:
    (i) There is a deficit created and remaining in Lahontan Reservoir 
from operations penalties in a prior year;
    (ii) The District releases the water from the reservoir for its 
designated use;
    (iii) During a spill of the reservoir, the amount of incentive water 
must be reduced by the amount of spill; and
    (iv) At the discretion of the District, incentive water may be used 
to offset the precautionary drawdown adjustment to the Lahontan storage 
objective.
    (v) At the end of each year, the amount of incentive water will be 
reduced by the incremental amount of evaporation which occurs as a 
result of the increased surface area of the reservoir due to the 
additional storage. The evaporation rate used will be either the net 
evaporation measured or the net historical average after precipitation 
is taken into account. The method of calculation will be agreed to

[[Page 581]]

by the District and the Bureau in advance of any storage credit.
    (b) An example of this concept is:
    Example: Incentive Operation--
    (1) At the end of the 1996 irrigation season, the Bureau and the 
District audit the District's water records for 1996. The District's 
water delivery records show that 194,703 acre-feet of water were 
delivered to farm headgates. On the basis of their irrigated acreage 
that year (59,075) the farm headgate entitlement would have been 216,337 
acre-feet. On the basis of 90 percent deliveries for 59,075 acres 
(194,203 divided by 216,337 = 0.90) the established Project efficiency 
requirement was 65.1 percent.
    (2) On the basis of the established Project efficiency (66.1 
percent), the Project diversion required to make the headgate deliveries 
would be expected to be 291,909 acre-feet (194,703 divided by 0.651 = 
291,909). An examination of Project records reveals that the District 
only diverted 286,328 acre-feet which demonstrated actual Project 
efficiency was 68 percent and exceeded requirements of this part.
    (3) The 5,581 acre-feet of savings (291,909-286,328 = 5,581) 
constitutes the savings achieved through efficiency improvements and the 
District would then be credited two-thirds (3,721 acre-feet = 5,581 x 2/
3) of this water (deemed to be Carson River water savings) as incentive 
water.
    (4) This incentive water may be stored in Lahontan Reservoir or 
otherwise used by the District in its discretion consistent with State 
and Federal Law (e.g., power generation, recreation storage, wildlife, 
drought protection, etc.).