Record Details
page 4-83
Digital Collections at BYU
| Field | Value |
|---|---|
| Title | page 4-83 Final environmental impact statement on the Provo River Restoration Project, page 4-83 |
| Coverage | Electronic reproduction; |
| Format | 4-83 text/PDF |
| Rights | Brigham Young University; http://lib.byu.edu/about/copyright/generic.php Public Domain Public |
| Language | English; eng; en |
| Relation | Central Utah Project; Western Waters Digital Library; 12.3 123 the channelization of the provo river through building of dikes for the creation of the provo river project has resulted in the loss of fish and wildlife habitat with an accompanying loss of fisherman access as well as other effects in fact a major reason that mitigation credit is available for the measures proposed in the PRRP is because of the environmental effects of the provo river project thus the decision to rectify the environmental effects of the provo river pro project j ect act is fully within the authority of the federal government this federal authority to redress provo river pro project j ect act impacts is only enhanced by the fact that the united states owns property interests associated with the provo river pro project j ect act which can be used to adjust provo river pro project j ect act operations to correct environmental problems and effects further the right of the united states to use federally owned property interests associated with the provo river project to address and mitigate effects of provo river project operations as proposed in the PRRP without compensation to the nonfederal non federal provo river water users association which contracts for water deliveries is quite clear additionally the authority to redress the environmental effects of the provo river pro project j ect act in such a way as to also generate a mitigation credit for the central utah project is provided in CUPCA consequently the benefit to the provo river water users association of having the environmental effects of the federal project from which the provo river water users association obtains water remedied with very little of the expense being paid by the provo river water users association should be obvious subsection J of the fact finders act 43 stat 703 43 USC 526 which was incompletely referenced in your comment applies to the distribution or allocation of any profits derived from certain actions involving reclamation projects all monies or profits as determined by the secretary heretofore or hereafter derived from the sale or rental of surplus water under the warren act of february 21 1911 thirty sixth statutes page 925 or from the connection of a new project with an existing project shall be credited to the project or division of the project to which the construction cost has been charged emphasis added the PRRP is a mitigation project will not generate profits and in fact is a mitigation project for the impacts of the provo river pro project j ect act further subsection J specifically authorizes credit of the profits to the project the provo river pro project j ect act is a creation of the federal government the provo river water users association is an organization existing under state law consequently if there were any money or profits resulting from the connection 7 of the PRRP with the provo river project such monies would be credited to the account of the federal project within the federal treasury and not provided to the nonfederal non federal provo river water users association moreover the provo river water users association was required by statute to repay allocated provo river project construction costs as the price for water delivery from the federal project the provo river water users association acquired no ownership interest in the project features by repaying the allocated cost of project construction as the price of water such that the use of those federally owned features by the federal government for the purpose of addressing the environmental impact of the provo river project operations would require compensation to the contracting parties 12.4 124 124 please see comment responses 12.1 121 122 and 12.3 123 123 483 4 83 |
| Identifier | http://cdm15999.contentdm.oclc.org/cdm/ref/collection/WesternWatersProject/id/7708 |
