[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: 43CFR429.7]

[Page 639]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 429--PROCEDURE TO PROCESS AND RECOVER THE VALUE OF RIGHTS-OF-USE AND ADMINISTRATIVE COSTS INCURRED IN PERMITTING SUCH USE--Table of Contents
 
Sec. 429.7  Terms and conditions of and for the rights-of-use.

    (a) The right-of-use granting document shall contain all special 
conditions or requirements which are determined by the Regional Director 
to be necessary to protect the interest of the United States.
    (b) Any grant of a right-of-use for a term of 25 years or longer 
must have the consent of any involved water user organization pursuant 
to the legal requirements of 43 U.S.C. 387. Concurrence in and approval 
of uses for less than a 25-year period may be requested of the water 
users organization at the discretion of the responsible Regional 
Director. As a minimum, the water user's organization shall be notified 
of the right-of-use application prior to its being granted.
    (c) Reclamation's land-use stipulation appearing in Sec. 429.8 shall 
be included in all perpetual right-of-way easements granted, excepting 
grants to other Federal agencies.
    (d) Temporary rights-of-use instruments shall contain a termination 
clause in the event the applicants use becomes, or may become, an 
interference with the Reclamation's use of the land.
    (e) Except for grants of rights-of-use to Federal agencies, the use 
instruments shall contain a hold harmless clause found in Sec. 429.9.
    (f) The applicant must show that any legally required permits to 
construct power transmission lines in excess of 100 kilovolt have been 
secured by the applicant from the appropriate power marketing authority 
prior to Reclamation's granting a right-of-way for such line.