[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: 43CFR426.15]

[Page 623]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 426--ACREAGE LIMITATION RULES AND REGULATIONS (Eff. 1-1-98)--Table of Contents
 
Sec. 426.15  Commingling.

    (a) Definition for purposes of this section:
    Commingled water means irrigation water and nonproject water that 
use the same facilities.
    (b) Application of Federal reclamation law and these regulations to 
prior commingling provisions in contracts. If a district entered into a 
contract with Reclamation prior to October 1, 1981, and that contract 
has provisions addressing commingled water situations, those provisions 
stay in effect for the term of that contract and any renewals of it.
    (c) Establishment of new commingling provision in contracts. New, 
amended, or renewed contracts may provide that irrigation water can be 
commingled with nonproject water as follows:
    (1) If the facilities used for the commingling of irrigation water 
and nonproject water are constructed without funds made available 
pursuant to Federal reclamation law, the provisions of Federal 
reclamation law and these regulations will apply only to the landholders 
who receive irrigation water, provided:
    (i) That the water requirements for eligible lands can be 
established; and
    (ii) The quantity of irrigation water to be used is less than or 
equal to the quantity necessary to irrigate eligible lands.
    (2) If the facilities used for commingling irrigation water and 
nonproject water are funded with monies made available pursuant to 
Federal reclamation law, landholders who receive nonproject water will 
be subject to Federal reclamation law and these regulations unless:
    (i) The district collects and pays to the United States an 
incremental fee which reasonably reflects an appropriate share of the 
cost to the Federal Government, including interest, of storing or 
delivering the nonproject water; and
    (ii) The fee will be established by Reclamation and will be in 
addition to the district's obligation to pay for capital, operation, 
maintenance, and replacement costs associated with the facilities 
required to provide the service.
    (3) If paragraphs (c)(2) (i) and (ii) of this section are met, the 
provisions of Federal reclamation law and these regulations will be 
applicable to only those landholders who receive irrigation water. 
Accordingly, the provisions of Federal reclamation law and these 
regulations will not be applicable to landholders who receive nonproject 
water delivered through facilities funded with monies made available 
pursuant to Federal reclamation law if those paragraphs are met.
    (d) When Federal reclamation law and these regulations do not apply. 
Federal reclamation law and these regulations do not apply to 
landholders receiving irrigation water from federally financed 
facilities if the irrigation water is acquired by an exchange and that 
exchange results in no material benefit to the recipient of the 
irrigation water.