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B-199162 1 (1981-02-18)

handle is hein.gao/gaobabjdh0001 and id is 1 raw text is: : , COMPTROLLER GENERAL- OF THE UNITEO STATES WASHINOTON D.C. 20543 In Reply Refer To: B-199162 February 18, 1981 The Eonorable George Miller House of Representatives Dear Mr. Miller: in,your recent letter addressed to the Director of our Community and Economic Development Division your{asked several questions regarding thedelivery of water by44 -e e-ad to the Westlands Water Dis- trict, California1'(Westlands). As agreed, this will respond to your last question which raises legal issues independent from your other questions. In your letter you stated your understanding that water deliveries are prohibited to lands on which construction has occurred and for which a valid repayment contract has not been entered into. As indicated in our Director's response, /while there have been negotiations for a revised repayment contract between Westlands and the Service, a revised con- tract has not-been approved, and is therefore not yet in effects Your question is as follows: (4) Is it your view that, absent a valid repayment contract, and reauthorization of the enlarged .service area by the Congress, sufficient authority exists under current law for the Secretary to make water de- liveries to lands on which there is no valid repayment contract? Is it your view that the Department of the Interior at present is complying with the provisions of law concerning the condition- ing of water deliveries on the existence of a valid repayment contract? For the reasons stated below, it is our opinion that in the described circurstancesthe Secretary of the Interior does not presently have the authority to provide a firm supply of water to Westlandis notwithstanding the provisions in the cur- rent temporary water service contract with the district.' c3's < 5t

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