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_______ United States Department of the Interior

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D-5200

WTR-4.O0

To:

BUREAU OF RECLAMATION

Commissioner’s 001cc

P0 Box 25007

Denver Federal Center

Denver, Colorado 80225-0007

P~K. I Regional Director, PN, MP, LC, UC, GP j

Attention: PN-3300, MP-440, BCOO-4400, UC-284, GP-21OO~

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SEP20 9;~~

MEMORANDUM

From: Alonzo Knapp

Manager, Reclamation Law, Contracts, and Repayment Office

Subject: Revised Standard Contract Article 17 Pertaining to Contracts Conveying Irrigation

Benefits

Standard Article 17 “Compliance With Reclamation Laws” for contracts conveying irrigation

benefits was effectively revised by rules that became effective on January 1, 1998, revising

Part 426-Acreage Limitation Rules and Regulations (see 43 CFR 426.3(c)). Contracts and

( contract amendments or contracts that are amended to conform to the discretionary provisions of

the Reclamation Reform Act of 1982 executed on or before January 1, 1998, and containing the

standard article language provided to the Regions by the Deputy Commissioner’s memorandum

dated December 9, 1988, will remain in effect. New orrenewed contracts or contracts that are

amended to conform to the discretionary provisions ofthe Reclamation Reform Act of 1982

executed afterJanuary 1, 1998, must include the language shown in the attachment.

If you have any questions or concerns regarding this issue, contactJeffBryant at 303-445-2892.

Attachment

~AC4
4

COMPLIANCE WITH RECLAMATION LAWS

(All Programs Except D&MC)

The parties agree that the delivery ofirrigation water or use ofFederal facilities pursuant to this

contract is subject to Federal reclamation law, including but not limited to the Reclamation

Reform Act of 1982 (43 U.S.C. 390aa et seq.), as amended and. supplemented, and the rules and

regulations promulgated by the Secretary ofthe Interior under Federal reclamation law.

Approved 2/22/71; Revised 1/31/79; Reapproved 10/3 1/81; Revised 12/15182; 11/84; 9/88; 9/99

Notes

:

(1) For contracts which only convey M&I, recreation, fish and wildlife, or other benefits (no

irrigation), the following language should be used:

RULES. REGULATIONS. AND DETERMINATIONS

(a) The parties agree that the delivery ofwater or the use ofFederal facilities pursuant to

this contract is subject to Reclamation law, as amended and supplemented, and the rules

and regulations promulgated by the Secretary ofthe Interior under Reclamation law.

(b) The Contracting Officer shall have the right to make determinations necessary to

administer this contract that are consistent with the expressed and implied provisions of

this contract, the laws ofthe United States and the State, and the rules and regulations

promulgated by the Secretary ofthe Interior. Such determinations shall be made in

consultation with the Contractor.

(2) For SRPA Projects depending on federally-constructed facilities for the water supply, the

standard language above for projects delivering irrigation water should also be used. For

use in SRPA loan contracts, exclusive ofany Federal project, the article should be revised

as follows:

COMPLIANCE WITH SMALL RECLAMATION PROJECT LAWS

The parties agree that lands and irrigation water users benefited through the use offunds

furnished under this contract are subject to the Small Reclamation Projects Act, as

amended and supplemented.