43 C.F.R. § 404.44

What criteria will Reclamation apply to determine whether it is appropriate to recommend that a feasibility study be conducted?

Last amended: 2016Year: 2026Length: 288 wordsSubsections: 3Official source

Cite as 43 C.F.R. § 404.44 (2026)

In reviewing an appraisal investigation, Reclamation will apply the following criteria to determine whether at least one of the alternatives identified is appropriate for further analysis through a feasibility study, or whether the investigation should be terminated without conducting a feasibility study, including: (a) Whether a reasonable range of alternatives (structural or non-structural) have been formulated and evaluated; (b) Whether the recommendation for further study of one or more alternatives is clearly supported by the analysis in the appraisal investigation; and (c) For each alternative considered in the investigation, whether the alternative: (1) Identifies viable water supplies and water rights sufficient to supply the proposed service area, including all practicable water sources such as lower quality waters, non-potable waters, and water-reuse-based water supplies; (2) Has a positive effect on public and health and safety; (3) Will meet water demand, including projected future needs; (4) Provides environmental benefits, including source water protection; (5) Applies a regional or watershed perspective and promotes benefits in the region in which the project is carried out; (6) Implements an integrated water resources management approach; (7) Enhances water management flexibility, including providing for local control of water supplies and, where applicable, encouraging participation in water banking and markets; (8) Promotes long-term protection of water supplies; (9) Includes preliminary cost estimates that are reasonable and supported; (10) Is cost-effective and generates national net economic benefits as required under the Principles and Guidelines (incorporated by reference at § 404.4); (11) For each alternative proposed for further evaluation in a feasibility study, whether the project sponsor has the capability to pay 100 percent of the costs associated with the operation, maintenance, and replacement of the facilities constructed or developed; and (12) Other factors that Reclamation deems appropriate.
Cross-references to the CFR
404.4
43 C.F.R. § 404.44: What criteria will Reclamation apply to determine whether it is appropriate to recommend that a feasibility study be conducted? | Justis AI