Bureau of Reclamation, Interior § 418.1

each calendar year and the basis for PART 418—NEWLANDS RECLAMA- said determination. The determination TION PROJECT, ; TRUCK- of the Commissioner shall be final and EE RIVER STORAGE PROJECT, NE- conclusive unless within 30 days of the VADA; AND WASHOE RECLAMA- date of receipt of such notice the Re- gional Director submits his written TION PROJECT, NEVADA-CALI- comments and objections to the Com- FORNIA (TRUCKEE AND CARSON missioner of Indian Affairs and re- RIVER BASINS, CALIFORNIA-NE- quests further consultation. If after VADA); PYRAMID LAKE INDIAN such further consultation, timely RESERVATION, NEVADA; STILL- taken, the Commissioner does not mod- WATER AREA, NEVADA ify his determination and so advises the Regional Director in writing or if Sec. modifications are made by the Com- 418.1 Statement of considerations leading to the proposed adoption of general operat- missioner but the Regional Director ing criteria and principles relating to the still does not agree therewith, the Re- captioned stream systems. gional Director may, within 30 days 418.2 Definitions. after receipt of the Commissioner’s re- 418.3 Procedures for operation, management sponse, appeal to the Secretary of the and control of the Truckee and Carson Interior for a decision on the matter. Rivers in regard to exercise of water rights of the United States. During the pendency of such appeal 418.4 District’s operation of the irrigation and until disposition thereof by the works. Secretary, water deliveries will be 418.5 Water rights. made to the extent legally and phys- AUTHORITY: Sec. 10, 32 Stat. 388, et seq..; 43 ically available according to the Com- U.S.C. 373. missioner’s determination or according to the Commissioner’s determination SOURCE: 32 FR 3098, Feb. 21, 1967, unless otherwise noted. for the preceding calendar year, which- ever is less. § 418.1 Statement of considerations (b) Modifications of said determina- leading to the proposed adoption of tions due to changed conditions, emer- general operating criteria and prin- gency or hardship may be made by the ciples relating to the captioned Commissioner, subject, however, to the stream systems. right of the Regional Director to ap- (a) Under authority of the Act of peal to the Secretary, as provided in Congress approved June 17, 1902 (32 the case of an initial determination by Stat. 388), commonly known as the the Commissioner. During the pend- Reclamation Act, and acts amendatory ency of such an appeal, water deliveries thereof or supplementary thereto, in- will be made on the basis of the initial cluding the Washoe Project Act of Au- determination. gust 1, 1956 (70 Stat. 775), as amended by the Act of August 21, 1958 (72 Stat. § 417.6 General regulations. 705), and the Federal Water Pollution Control Act of July 9, 1956, as amended In addition to the recommendations (33 U.S.C. 466 et seq..) the Secretary of and determinations formulated accord- the Interior is charged with respon- ing to the procedures set out above, the sibility for the management of the right is reserved to issue regulations of water supplies available to the general applicability to the topics Newlands Project, Nevada, to the dealt with herein. Storage Project, Ne- vada, and to the Washoe Project, Cali- fornia-Nevada. He is also required to provide for the construction, operation

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and maintenance of the authorized fa- tion of uses of the waters of the basins cilities and to provide for the proper in the public interest requires modi- management and administration of fication of existing patterns of water such facilities as well as of project use. Extended negotiations have been lands and services. undertaken with the Truckee-Carson (b) Under the Constitution and var- Irrigation District for the purpose of ious acts of Congress, the United reaching agreement regarding these States is trustee for the Indians and in matters. These negotiations will be that status it is obligated to protect continued. and preserve the rights and interests of (f) Meanwhile, recurring flood condi- the Pyramid Lake Tribe of Indians in tions along the Truckee River and its the Truckee River and in Pyramid tributaries have created a situation Lake. This trust responsibility is vest- which makes it imperative to proceed ed in the Secretary of the Interior. It is in the Stampede Division of the in the national interest that the fish- Washoe Project by construction of ery resource of Pyramid Lake be re- Stampede Dam on the Little Truckee stored, that agricultural use be devel- River. oped, and that the water inflow to the (g) The rules and regulations in this Lake be such as to allow realization of part are formulated and issued by rea- the great potential thereof, including son of the foregoing considerations and recreation. The regulations in this part they have been developed within the will initiate Departmental controls, framework of agreements, decrees, un- lacking in the past, to limit diversions derstandings, and obligations of the by TCID from the Truckee River with- United States or to which the United in decreed rights, and thereby make States is a party. The rules and regula- additional water available for delivery tions in this part will be revised as ex- to Pyramid Lake. perience indicates the need or to con- (c) The Secretary is charged by law form to any agreement reached be- with the protection and conservation tween the United States and the of migratory birds, and with maintain- Truckee-Carson Irrigation District ing the integrity of the refuge system amending the existing contract with developed pursuant to the Migratory that District. Bird Treaty Act (16 U.S.C. 703 through 711), and the Migratory Bird Conserva- § 418.2 Definitions. tion Act (16 U.S.C. 715 through 715r). As used in this part: The lower Carson River Basin is within (a) District means the Truckee-Carson a major division of the Pacific Flyway Irrigation District, organized under Ne- and provides part of the refuge system. vada law with its office at Fallon, Nev. (d) The Secretary is charged with the (b) Truckee River Decree means decree responsibility of preparing comprehen- entered in the action entitled ‘‘United sive programs for eliminating or reduc- States v. Orr Water Ditch Co. et al.,’’ ing the pollution of interstate waters in the U.S. District Court, Nevada, Eq- and tributaries thereof and improving uity No. A–3. the quality of surface and underground (c) Carson River Decree means orders, waters pursuant to the Federal Water temporary and final, entered in the ac- Pollution Control Act, as amended (33 tion entitled ‘‘United States v. Alpine U.S.C. 466 et seq..). Land and Reservoir Co. et al.,’’ in U.S. (e) The area of the Truckee and the District Court, Nevada (Equity No. D– Carson River Basins is one of short 183). water supply and is continuously sub- (d) Contract means that contract be- ject to increasing competitive de- tween United States and Truckee- Car- mands. To effectuate the acts of Con- son Irrigation District dated December gress and treaties with Great Britain 18, 1926, as amended. and Mexico for the conservation of mi- (e) Irrigation works means the works gratory birds affecting these river ba- of the United States constructed for sins, to meet the reasonable water use the primary purpose of irrigating the demands under water rights either de- lands of the Newlands Project within creed or to be decreed or otherwise the boundaries of the District, and in- vested, and to obtain the best combina- cluding , Dam,

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the Truckee canal, and formulation of the operating criteria Reservoir, Carson Diversion Dam, T and procedures. canal, V canal, and all other canals, turnouts, pumping plants and works § 418.4 District’s operation of the irri- necessary to irrigate and drain District gation works. lands, the operation of which was (a) The District’s operation of the ir- transferred to the District pursuant to rigation works, including the diversion Article 6 of the contract. of water, shall be in compliance with all of the terms and provisions of the § 418.3 Procedures for operation, man- Truckee River Decree and the Carson agement and control of the Truckee River Decree, the rules and regulations and Carson Rivers in regard to ex- in this part, and the operating criteria ercise of water rights of the United and procedures adopted by the Sec- States. retary. In order to make the most efficient (b) It is determined that a water sup- use of the available water: ply of not more than 406,000 acre-feet (a) On or before October 1, 1967, the from both Truckee and Carson Rivers, Regional Director of the Bureau of if available, may be diverted in any Reclamation as chairman, the Area Di- year to irrigate District irrigable rector of the Bureau of Indian Affairs, lands. the Regional Director of the Bureau of (c) It is further determined in regard Sport Fisheries and Wildlife, the Re- to the operation and control of the gional Director of the Federal Water Truckee and Carson Rivers during the Pollution Control Administration, the water year beginning October 1, 1966, Regional Director of the Bureau of that 406,000 acre-feet, if available, will Outdoor Recreation, and the designee be diverted for the District. For future of the Geological Survey shall rec- water years this quantity may be re- ommend operating criteria and proce- duced by determinations about operat- dures consistent with the guidelines ing criteria and procedures made in ac- set forth herein for the approval of the cordance with the standards set forth Secretary for the coordinated oper- in § 418.3(a). ation and control of the Truckee and (d) The District’s water supply noted Carson Rivers in regard to the exercise in paragraphs (b) and (c) of this section of water rights of the United States, so shall be measured at the gaging station as to (1) comply with all of the terms below Lahontan Dam and at diversion and provisions of the Truckee River points along the Truckee Canal. Meas- Decree and the Carson River Decree; urements shall be made by the District and (2) maximize the use of the flows of through facilities and by methods sat- the Carson River in satisfaction of isfactory to the Secretary of the Inte- Truckee-Carson Irrigation District’s rior or his representative and shall be water entitlement and minimize the di- compiled on a water-year basis extend- version of flows of the Truckee River ing from October 1 to September 30. for District use in order to make avail- (e) All water passing the gaging sta- able to Pyramid Lake as much water tion below Lahontan Dam shall be as possible. Any change in subsequent charged against the District’s yearly years of the adopted operating criteria supply of not more than four hundred and procedures shall be formulated and and six thousand (406,000) acre-feet, ex- approved in the same manner as set cepting uncontrollable spillage from forth above. Lahontan Reservoir, and further ex- (b) The departmental representatives cepting precautionary drawdown of the designated in paragraph (a) of this sec- Reservoir to create space for storing tion shall select a committee of water flood waters from the Carson River contractors and users and other di- basin, provided, such drawdown is nei- rectly affected interests, including the ther stored downstream in District fa- Pyramid Lake Tribe and those using cilities nor used by the District for ir- water for fishing, hunting and recre- rigation. ation in both river basins. The depart- (f) The United States may tempo- mental representatives shall consult rarily store part of the District’s sup- with this advisory committee in the ply in upstream facilities provided that

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water so stored which is within the 420.12 Requirements—operators. District’s entitlement shall be credited to the District and shall be released to Subpart B—Designated Areas and the District at its request. At any one Permitted Events time the sum of the storage in 420.21 Procedure for designating areas for Lahontan Reservoir and the total re- off-road vehicle use. lated creditable storage upstream shall 420.22 Criteria for off-road vehicle areas. not exceed the present storage capacity 420.23 Public notice and information. of Lahontan Reservoir, which is here 420.24 Permits for organized events. defined as two hundred and ninety 420.25 Reclamation lands administered by other agencies. thousand (290,000) acre-feet, plus, how- ever, in the event of such storage up- AUTHORITY: 32 Stat. 388 (43 U.S.C. 391 et stream, an additional amount equal to seq.) and acts amendatory thereof and sup- anticipated losses in transmission plementary thereto; EO 11644 (37 FR 2877). downstream to the District. In addition SOURCE: 39 FR 26893, July 24, 1974, unless the District may store in District res- otherwise noted. ervoirs downstream of Lahontan Res- § 420.1 Objectives. ervoir a quantity of water presently es- timated to be 35,000 acre-feet. The provisions of this part establish (g) Deliveries of water from the regulations for off-road vehicle use on Truckee Canal into Lahontan Res- reclamation lands to protect the land ervoir (when water is available and the resources, to promote the safety of all District is entitled to it) shall be per- users, to minimize conflicts among the mitted only so long as the total stor- various uses, and to ensure that any age credited to Lahontan Reservoir in permitted use will not result in signifi- that reservoir and in upstream facili- cant adverse environmental impact or ties, at any one time, is not more than cause irreversible damage to existing two hundred and ninety thousand ecological balances. (290,000) acre-feet plus an amount equal § 420.2 General closure. to anticipated losses in transmission downstream from storage reservoir to Reclamation lands are closed to off- Lahontan Reservoir. road vehicle use, except for an area or (h) Hydropower generation at trail specifically opened to use of off- Lahontan and V canal power plants road vehicles in accordance with shall be incidental only to releases or § 420.21. diversions of water for beneficial con- sumptive uses, except that power may § 420.3 Adjacent lands. be generated from water that would When administratively feasible, the otherwise constitute uncontrollable regulation of off-road vehicle use on spill or precautionary drawdown. Reclamation lands will be compatible with such use as permitted by recre- § 418.5 Water rights. ation-managing agencies on adjacent The regulations in this part prescribe lands (both public and private). water uses within existing rights. The regulations in this part do not, in any § 420.4 Enforcement. way, change, amend, modify, abandon, The provisions of this part will be en- diminish, or extend existing rights. forced to the extent of Bureau author- ity, including entering into coopera- PART 420—OFF-ROAD VEHICLE USE tive agreements with Federal, State, county, or local law enforcement offi- Sec. cials. 420.1 Objectives. 420.2 General closure. § 420.5 Definitions. 420.3 Adjacent lands. As used in this part, the term: 420.4 Enforcement. (a) Off-road vehicle means any motor- 420.5 Definitions. ized vehicle (including the standard automobile) designed for or capable of Subpart A—Operating Criteria cross-country travel on or immediately 420.11 Requirements—vehicles. over land, water, sand, snow, ice,

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