§ 418.1

Statement of considerations leading to the proposed adoption of general operating criteria and principles relating to the captioned stream systems.

(a) Under authority of the Act of Congress approved June 17, 1902 (32 Stat. 388), commonly known as the Reclamation Act, and acts amendatory thereof or supplementary thereto, including the Washoe Project Act of August 1, 1956 (70 Stat. 775), as amended by the act of August 21, 1958 (72 Stat. 705), and the Federal Water Pollution Control Act of July 9, 1956, as amended (33 U.S.C. 466 et seq.) the Secretary of the Interior is charged with responsibility for the management of the water

supplies available to the Newlands Project, Nevada, to the Truckee River Storage Project, Nevada, and to the Washoe Project, California-Nevada. He is also required to provide for the construction, operation and maintenance of the authorized facilities and to provide for the proper management and administration of such facilities as well as of project lands and services.

(b) Under the Constitution and various acts of Congress, the United States is trustee for the Indians and in that status it is obligated to protect and preserve the rights and interests of the Pyramid Lake Tribe of Indians in the Truckee River and in Pyramid Lake. This trust responsibility is vested in the Secretary of the Interior. It is in the national interest that the fishery resource of Pyramid Lake be restored, that agricultural use be developed, and that the water inflow to the Lake be such as to allow realization of the great potential thereof, including recreation. The regulations in this part will initiate Departmental controls, lacking in the past, to limit diversions by TCID from the Truckee River within decreed rights, and thereby make additional water available for delivery to Pyramid Lake.

(c) The Secretary is charged by law with the protection and conservation of migratory birds, and with maintaining the integrity of the refuge system developed pursuant to the Migratory Bird Treaty Act (16 U.S.C. 703–711), and the Migratory Bird Conservation Act (16 U.S.C. 715–715r). The lower Carson River Basin is within a major division of the Pacific Flyway and provides part of the refuge system.

(d) The Secretary is charged with the responsibility of preparing comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries thereof and improving the quality of surface and underground waters pursuant to the Federal Water Pollution Control Act, as amended (33 U.S.C. 466 et seq.).

(e) The area of the Truckee and the Carson River Basins is one of short water supply and is continuously subject to increasing competitive demands. To effectuate the acts of Congress and treaties with Great Britain and Mexico for the conservation of migratory birds affecting these river basins, to meet the reasonable water use demands under water rights either decreed or to be decreed or otherwise vested, and to obtain

the best combination of uses of the waters of the basins in the public interest requires modification of existing patterns of water use. Extended negotiations have been undertaken with the Truckee-Carson Irrigation District for the purpose of reaching agreement regarding these matters. These negotiations will be continued.

(f) Meanwhile, recurring flood conditions along the Truckee River and its tributaries have created a situation which makes it imperative to proceed in the Stampede Division of the Washoe Project by construction of Stampede Dam on the Little Truckee River.

(g) The rules and regulations in this part are formulated and issued by reason of the foregoing considerations and they have been developed within the framework of agreements, decrees, understandings, and obligations of the United States or to which the United States is a party. The rules and regulations in this part will be revised as experience indicates the need or to conform to any agreement reached between the United States and the Truckee-Carson Irrigation District amending the existing contract with that District. $ 418.2 Definitions.

As used in this part:

(a) "District" means the Truckee-Carson Irrigation District, organized under Nevada law with its office at Fallon, Nev.

(b) "Truckee River Decree" means decree entered in the action entitled "United States v. Orr Water Ditch Co. et al.," in the U.S. District Court, Nevada, Equity No. A-3.

(c) "Carson River Decree" means orders, temporary and final, entered in the action entitled "United States v. Alpine Land and Reservoir Co. et al.," in U.S. District Court, Nevada (Equity No. D-183).

(d) "Contract" means that contract between United States and TruckeeCarson Irrigation District dated December 18, 1926, as amended.

the

(e) "Irrigation works" means works of the United States constructed for the primary purpose of irrigating the lands of the Newlands Project within the boundaries of the District, and including Derby Dam, Lake Tahoe Dam, the Truckee canal, Lahontan Dam and Reservoir, Carson Diversion Dam, T canal, V canal, and all other canals, turnouts, pumping plants and works necessary to irrigate and drain District lands, the op

eration of which was transferred to the District pursuant to Article 6 of the contract.

§ 418.3

Procedures for operation, management and control of the Truckee and Carson Rivers in regard to exercise of water rights of the United States.

In order to make the most efficient use of the available water:

(a) on or before October 1, 1967, the Regional Director of the Bureau of Reclamation as chairman, the Area Director of the Bureau of Indian Affairs, the Regional Director of the Bureau of Sport Fisheries and Wildlife, the Regional Director of the Federal Water Pollution Control Administration, the Regional Director of the Bureau of Outdoor Recreation, and the designee of the Geological Survey shall recommend operating criteria and procedures consistent with the guidelines set forth herein for the approval of the Secretary for the coordinated operation and control of the Truckee and Carson Rivers in regard to the exercise of water rights of the United States, so as to (1) comply with all of the terms and provisions of the Truckee River Decree and the Carson River Decree; and (2) maximize the use of the flows of the Carson River in satisfaction of Truckee-Carson Irrigation District's water entitlement and minimize the diversion of flows of the Truckee River for District use in order to make available to Pyramid Lake as much water as possible. Any change in subsequent years of the adopted operating criteria and procedures shall be formulated and approved in the same manner as set forth above.

(b) The departmental representatives designated in paragraph (a) of this section shall select a committee of water contractors and users and other directly affected interests, including the Pyramid Lake Tribe and those using water for fishing, hunting and recreation in both river basins. The departmental representatives shall consult with this advisory committee in the formulation of the operating criteria and procedures.

§ 418.4 District's operation of the irrigation works.

(a) The District's operation of the irrigation works, including the diversion of water, shall be in compliance with all of the terms and provisions of the Truckee River Decree and the Carson River Decree, the rules and regulations

in this part, and the operating criteria and procedures adopted by the Secretary.

(b) It is determined that a water supply of not more than 406,000 acre-feet from both Truckee and Carson Rivers, if available, may be diverted in any year to irrigate District irrigable lands.

(c) It is further determined in regard to the operation and control of the Truckee and Carson Rivers during the water year beginning October 1, 1966, that 406,000 acre-feet, if available, will be diverted for the District. For future water years, this quantity may be reduced by determinations about operating criteria and procedures made in accordance with the standards set forth in § 418.3(a).

(d) The District's water supply noted in paragraphs (b) and (c) of this section shall be measured at the gaging station below Lahontan Dam and at diversion points along the Truckee Canal. Measurements shall be made by the District through facilities and by methods satisfactory to the Secretary of the Interior or his representative and shall be compiled on a water-year basis extending from October 1 to September 30.

(e) All water passing the gaging station below Lahontan Dam shall be charged against the District's yearly supply of not more than four hundred and six thousand (406,000) acre-feet, excepting uncontrollable spillage from Lahontan Reservoir, and further excepting precautionary drawdown of the Reservoir to create space for storing flood waters from the Carson River basin, provided, such drawdown is neither stored downstream in District facilities nor used by the District for irrigation.

(f) The United States may temporarily store part of the District's supply

in upstream facilities provided that water so stored which is within the District's entitlement shall be credited to the District and shall be released to the District at its request. At any one time the sum of the storage in Lahontan Reservoir and the total related creditable storage upstream shall not exceed the present storage capacity of Lahontan Reservoir, which is here defined as two hundred and ninety thousand (290,000) acre-feet, plus, however, in the event of such storage upstream, an additional amount equal to anticipated losses in transmission downstream to the District. In addition the District may store in District reservoirs downstream of Lahontan Reservoir a quantity of water presently estimated to be 35,000 acre-feet.

(g) Deliveries of water from the Truckee Canal into Lahontan Reservoir (when water is available and the District is entitled to it) shall be permitted only so long as the total storage credited to Lahontan Reservoir in that reservoir and in upstream facilities, at any one time, is not more than two hundred and ninety thousand (290,000) acre-feet plus an amount equal to anticipated losses in transmission downstream from storage reservoir to Lahontan Reservoir.

(h) Hydropower generation at Lahontan and V canal power plants shall be incidental only to releases or diversions of water for beneficial consumptive uses, except that power may be generated from water that would otherwise constitute uncontrollable spill or precautionary drawdown.

§ 418.5 Water rights.

The regulations in this part prescribe water uses within existing rights. The regulations in this part do not, in any way, change, amend, modify, abandon, diminish, or extend existing rights.