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43 CFR 418.38 - Maximum allowable diversion.

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§ 418.38
Maximum allowable diversion.
(a) The MAD established in this part is based on the premise that the Project should be operated to ensure that it is capable of delivering to the headgate of each water right holder the full water entitlement for irrigable eligible acres and includes distribution system losses. The MAD will be established (and is likely to vary) each year. The annual MAD will be calculated each year based on the actual acreage to be irrigated that year.
(b) Historically, actual deliveries at farm headgates have been approximately 90 percent of entitlements. This practice is expected to continue but the percentage is expected to change. This variance between headgate deliveries and headgate entitlements will be calculated annually under this part and is allowed to be diverted if needed and thereby provides an assurance that full headgate deliveries can be made. The expected diversion and associated efficiency target for the examples shown in the Newlands Project Water Budget table would be: 285,243 AF and 65.1 percent in 1996 and beyond. These are well below the MAD limits; however, the District may divert up to the MAD if it is needed to meet valid headgate entitlements.

Title 43 published on 2011-10-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 43 - PUBLIC LANDS

§ 373 - General authority of Secretary of the Interior

§ 391 - Establishment of “reclamation fund”

§ 391a - Advances to reclamation fund

43 USC § 391a–1 - Increase in reclamation fund; reimbursement of advances from Treasury

§ 391b - Omitted

§ 392 - Payments into reclamation fund of moneys received from entrymen and water right applicants

§ 392a - Payment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs

§ 393 - Proceeds from sale of materials, etc.

§ 394 - Proceeds from sale of products of or leases of withdrawn or reserved lands

§ 395 - Contributions by State, municipality, etc.

§ 396 - Return of contributions to cooperative investigations of projects

§ 397 - Advances by Government for completion of projects initiated prior to June 25, 1910

§ 397a - Advances for operation and maintenance of projects

§ 398 - Sales of Government certificates to obtain funds for advances

§ 399 - Omitted

§ 400 - Advances as item of cost of construction and maintenance of project

§ 401 - Amounts collected from defaulting contractors and their sureties

§ 402 - Omitted

§ 403, 404 - Repealed. June 30, 1947, ch. 166, title II,

§ 614 to 614d - Omitted

Statutes at Large

104 Stat. 3289