All lands found by the classification made under the supervision of the Board of Survey and Adjustments (House Document 201, 69th Congress, 1st Session, checked and modified as outlined in General Recommendations numbered 2 and 4, Page 60 of said document), to be permanently unproductive shall be excluded from the project and no water shall be delivered to them after the date of such exclusion unless and until they are restored to the project. Except as herein otherwise provided, the water right formerly appurtenant to such permanently unproductive lands shall be disposed of by the United States under the reclamation law: Provided, That the water users on the projects shall have a preference right to the use of the water: And provided further, That any surplus water temporarily available may be furnished upon a rental basis for use on lands excluded from the project under this section, on terms and conditions to be approved by the Secretary of the Interior.
Notes of Decisions
Klamath Irrigation Dist. v. United States, 75 Fed. Cl. 677 (Fed. Cl. 2007).
“The original terms of the Reclamation Act permitted the United States to enter into irrigation contracts with individual homesteaders, but, as a result of several amendments, current law provides that the United States may only enter into new water distribution contracts with…”
Wiltz v. Barnhart, 484 F. Supp. 2d 524 (W.D. La. 2006).
“Adult Disability Beneñts A person applying for disability and/or SSI benefits bears the burden of proving that he is disabled within the meaning of the Social Security Act, 43 U.”
Musgrove v. Schweiker, 552 F. Supp. 104 (E.D. Pa. 1982).
“” 43 U.S.C. § 423 (d)(5) (1976). 4 .The initial burden of proof is on the claimant to show that she is unable to return to her customary occupation.”
Helvey v. Sax, 237 P.2d 269 (Cal. 1951).
“Even if it is assumed that this statute applies to a California water district on the ground that California ratified the Colorado River Compact, plaintiff made no attempt to plead or prove that the Board of Survey and Adjustments had made such a finding with respect to the…”
Yellen v. Hickel, 335 F. Supp. 200 (S.D. Cal. 1971).
“649 , 43 U.S.C.A. § 423 (e), provides: “No water shall be delivered upon the comjdetion of any new project or new division of a project initiated after May 25, 1926, until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an…”
Maricopa-Stanfield Irrigation & Drainage Dist. v. United States, 158 F.3d 428 (9th Cir. 1998).
“See 43 U.S.C. §§ 423 (e), 1524(c) (1998). These purposes are furthered by the Secretary’s trickle-down construction of the CAP, which aims to maximize CAP use (and incidentally, to minimize waste) by prioritizing the contract rights of allottees.”
Denais v. Sec'y of Health & Human Servs., 820 F. Supp. 278 (W.D. La. 1993).
“However, as previously stated, the ALJ in this case chose not to reopen Denais’ previous applications, and she is not eligible for benefits prior to November 28, 1988.”
Estes v. Comm'r of Soc. Sec. (W.D. Ky. 2020).
“43 U.S.C. § 423 (d)(2)(C). If the ALJ erroneously fails to identify an impairment as severe, the error is harmless if the ALJ fully considers the impairment when determining the claimant’s residual functional capacity.”
Wilson v. Comm'r of Soc. Sec. (W.D. Ky. 2022).
“10 Next, Plaintiff posits that if the ALJ had found Plaintiff has the RFC to perform sedentary work, at step five the applicable GRID Rule would have directed a finding of disabled since her 7 Additionally, the undersigned notes that in support of her claim Plaintiff provides…”
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