[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: 43CFR429.8]

[Page 639-640]
 
                    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. 429.8  Reclamation land-use stipulation.

    There is reserved from the rights herein granted, the prior rights 
of the United States acting through the Bureau of Reclamation, 
Department of the Interior, to construct, operate, and maintain public 
works now or hereafter authorized by the Congress without liability for 
severance or other damage to the grantee's work; provided, however, that 
if such reserved rights are not identified in at least general terms in 
this grant and exercised for works authorized by the Congress within 10 
years following the date of this grant, they will not be exercised 
unless the grantee, or grantee's successor in interest is notified of 
the need, and grants an extension or waiver. If no extension or waiver 
is granted, the Government will compensate, or institute mitigation 
measures for any resultant damages to works placed on said lands 
pursuant to the rights herein granted. Compensation shall be in the 
amount of the cost of reconstruction of grantee's works to accommodate 
the exercise of the Government's

[[Page 640]]

reserved rights. As alternatives to such compensation, the United 
States, at its option and at its own expense, may mitigate the damages 
by reconstructing the grantee's works to accommodate the Government 
facilities, or may provide other adequate mitigation measures for any 
damage to the grantee's property or right. The decision to compensate or 
mitigate is that of the appropriate Regional Director.