INTERIOR/WBR-40, Water Sales and Delivery Contracts

64 FR 29876 (June 3, 1999); Modification published 73 FR 20949 (April 17, 2008) and 86 FR 50156 (September 7, 2021)

===========================================================================================================

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Privacy Act of 1974, as Amended; Systems of Records

AGENCY:  Bureau of Reclamation, Interior.

ACTION:  Notice of minor changes to 14 systems of records.
------------------------------------------------------------------------------------------------------------------------------------------------------------

SUMMARY:  Pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a), notice is hereby given that the Department of the Interior proposes minor changes to 14 systems of records managed by the Bureau of Reclamation (Reclamation). These notices are published in their entirety below.

DATES:  These actions are effective June 3, 1999.

FOR FURTHER INFORMATION CONTACT:  For information regarding these systems of records contact Mr. Stan Seigal, Chief Realty Officer, Policy Office at (303) 445-2915. For general information regarding Reclamation's Privacy Act program, contact Mr. Casey Snyder at (303) 445-2048.

SUPPLEMENTARY INFORMATION:  Recent Privacy Act Compilations list the following systems of records with a prefix of “Reclamation” (e.g., Reclamation-13). When originally published in the Federal Register these systems of records were identified with an organization prefix of “LBR” (e.g., LBR-13). The content of the systems of records is the same; the prefixes on these systems were changed to reflect organizational changes.

The system of records notices being revised and the reason for revision are listed below:

This publication revises the system locations; a “purpose(s)” section has been added which was not included in the original notices; the routine uses, system manager's titles, and addresses have been updated. All other changes are editorial in nature.

“Irrigation Management Service, WBR-13,” previously published in the Federal Register on April 11, 1977 (42 FR 19098); “Land Exchange, WBR-14,” previously published in the Federal Register on April 11, 1977 (42 FR 19098); “Land Settlement Entries, WBR-15,” previously published in the Federal Register on April 11, 1977 (42 FR 19099); “Lands--Leases, Sales, Rentals, and Transfers, WBR-17;” previously published in the Federal Register on April 11, 1977 (42 FR 19099); “Mineral Location Entries, WBR-19;” previously published in the Federal Register on April 11, 1977 (42 FR 19100); “Oil and Gas Applications, WBR-22;” previously published in the Federal Register on April 11, 1977 (42 FR 19101); “Real Property and Right-of-Way Acquisitions, WBR-28;” previously published in the Federal Register on April 11, 1977 (42 FR 19103); “Right-of-Way Applications, WBR-29;” previously published in the Federal Register on April 11, 1977 (42 FR 19104); “Special Use Applications, Licenses, and Permits, WBR-32;” previously published in the Federal Register on April 11, 1977 (42 FR 19105); “Trespass Cases, WBR-37;” previously published in the Federal Register on April 11, 1977 (42 FR 19106); “Water Right Applications, WBR-38;” previously published in the Federal Register on April 11, 1977 (42 FR 19107); “Water Rights Acquisition, WBR-39;” previously published in the Federal Register on April 11, 1977 (42 FR 19107); “Water Sales and Delivery Contracts, WBR-40;” previously published in the Federal Register on April 11, 1977 (42 FR 19107); and “Permits, WBR-41;” previously published in the Federal Register on April 11, 1977 (42 FR 19108).

Murlin Coffey,
Manager, Property and Office Services.

INTERIOR/WBR-40

SYSTEM NAME:
Water Sales and Delivery Contracts.

SYSTEM LOCATION:
Commissioner’s Office, Reclamation Service Center, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower Colorado, Upper Colorado, and Great Plains. See appendix for addresses.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who purchase excess water, water from unassigned reservoir space for irrigation or domestic use.

CATEGORIES OF RECORDS IN THE SYSTEM:
Requests for water, contracts for individuals to receive water, and pertinent correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

• (1)  The Reclamation Act of June 17, 1902, (Ch. 1093, 32 Stat. 388), as amended, and acts supplementary thereto, particularly the Reclamation Project Act of August 4, 1939, (Ch. 418, 53 Stat. 1187); 
• (2)  Reclamation Extension Act of August 13, 1914; 
• (3)  The Omnibus Adjustment Act of May 25, 1926; 
• (4)  Section 2 of the Rivers and Harbors Act of August 26, 1937, (Ch. 832, 50 Stat. 844); 
• (5)  Reclamation Project Act of 1939; and 
• (6)  Flood Control Act of 1944, Section 8.

PURPOSE(S):
The primary uses of the records are:

• (a)  Administration and negotiation of water sales contracts with individual landowner; and 
• (b)  To sell water from Corps of Engineers dam and reservoir project.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
Disclosures outside the Department of the Interior may be made to: 

• (1)  State of California Water Resources Control Board for settlement of water rights; 
• (2)  Another Federal agency to enable that agency to respond to an inquiry by the individual to whom the record pertains; 
• (3)  The Department of Justice, or to a court, adjudicative, or other administrative body, or to a party in litigation before a court or adjudicative or administrative body, when: 
  • (a)  One of the following is a party to the proceeding or has an interest in the proceeding: 
    • (i)  The Department or any component of the Department; 
    • (ii)  Any Departmental employee acting in his or her official capacity; 
    • (iii)  Any Departmental employee acting in his or her individual capacity where the Department or the Department of Justice has agreed to represent the employee; or 
    • (iv)  The United States, when the Department determines that the Department is likely to be affected by the proceeding; and 
  • (b)  The Department deems the disclosure to be: 
    • (i)  Relevant and necessary to the proceedings; and 
    • (ii)  Compatible with the purpose for which we compiled the information; 
• (4)  The appropriate Federal, State, tribal, local, or foreign governmental agency that is responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, order, or license, when we become aware of an indication of a violation or potential violation of the statute, rule, regulation, order, or license; 
• (5)  A congressional office in response to an inquiry to that office by the individual to whom the records pertains; and
• (6)  To appropriate agencies, entities, and persons when: 
  • (a)  It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and 
  • (b)  Reclamation has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by Reclamation or another agency or entity) that rely upon the compromised information; and 
  • (c)  The disclosure is made to such agencies, entities and persons who are reasonably necessary to assist in connection with Reclamation’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
• (7) To another Federal agency or Federal entity, when DOI determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in:
  • (a) Responding to a suspected or confirmed breach; or
  • (b) Preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:
Complete file maintained in manual form in file folders.

RETRIEVABILITY:
By individual's name.

SAFEGUARDS:
In accordance with the requirements of 43 CFR 2.51 for manual records.

RETENTION AND DISPOSAL:
In accordance with approved retention and disposal schedules.

SYSTEM MANAGER(S) AND ADDRESS:
Realty Officers in the Commissioner’s Office, Reclamation Service Center, and Regional Offices: Pacific Northwest, Mid-Pacific, Lower Colorado, Upper Colorado, and Great Plains. See appendix for addresses.

NOTIFICATION PROCEDURE:
Written inquiries regarding the existence of record(s) should be sent to the System Manager at the appropriate address listed in the appendix. See 43 CFR 2.60.

RECORD ACCESS PROCEDURES:
Same as Notification above. See 43 CFR 2.63.

CONTESTING RECORD PROCEDURES:
Written petitions for amendment should be sent to the System Manager at the appropriate address listed in the appendix. See 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
Individual on whom record is maintained.