[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: 43CFR418.9]

[Page 562]
 
                    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. 418.9  Reporting changes in eligible land.

    (a) Eligible land anticipated to be irrigated. (1) Anticipated 
changes in irrigated eligible land from the prior year will be reported 
to the Bureau's Lahontan Area Office by the District by March 1 of each 
year. The District will adjust the acreage of the eligible land 
anticipated to be irrigated to correct for inaccuracies, water right 
transfers that have been finally approved by the Nevada State Engineer, 
and any other action that affects the number of eligible acres, acres 
anticipated to be irrigated, or water deliveries.
    (2) As the adjustments are made, the District will provide updated 
information to the Bureau for review and approval. The District must 
adjust anticipated water allocations to individual water users 
accordingly. The allocations will at all times be based on a maximum 
annual entitlement of 3.5 acre-feet (AF) per acre of bottom land, 4.5 AF 
per acre of bench land, and 1.5 AF per acre of pasture land that is 
anticipated to be irrigated and not on the number of water-righted 
acres.
    (3) The District will provide the individual water users with the 
approved data regarding the anticipated acreage to be irrigated and 
water allocations for each water user that year.
    (i) Any adjustments based on changes in lands anticipated to be 
irrigated during the irrigation season must be reported by the 
individual water user to the District.
    (ii) The District will, in turn, notify the Bureau of any changes in 
irrigated acreage which must be accounted for.
    (iii) Each landowner's anticipated acreage must be less than or 
equal to the landowner's eligible acreage.
    (4) Should a landowner believe that the number of acres of eligible 
land he or she is entitled to irrigate is different from the number of 
acres as approved by the Bureau, the landowner must notify the District 
and present appropriate documentation regarding the subject acreage. The 
District must record the information and present the claim to the Bureau 
for further consideration.
    (i) If the Bureau determines there is sufficient support for the 
landowner's claim, then adjustments will be made to accommodate the 
changes requested by the landowner.
    (ii) If the Bureau disallows the landowner's claim, the Bureau must 
notify the District in writing. The District will, in turn, inform the 
landowner of the disposition of the claim and the reasons therefore, and 
will further instruct the landowner that he or she may seek judicial 
review of the Bureau's determination under the decrees. If the dispute 
affects the current year, then the Bureau and the District will seek to 
expedite any court proceeding.
    (b) Changes in domestic and other uses. By March 1 of each year, the 
District must report to the Bureau all anticipated domestic and other 
water uses. This notification must include a detailed explanation of the 
criteria used in allowing the use and sufficient documentation on the 
type and amount of use by each water user to demonstrate to the 
satisfaction of the Bureau that each water user is in compliance with 
the criteria. With adequate documentation, the District may notify the 
Bureau of any changes in domestic water requirements at any time during 
the year.