{"data":{"id":"us/43-cfr-404.44","jurisdiction":"us","citation":"43 CFR 404.44","heading":"What criteria will Reclamation apply to determine whether it is appropriate to recommend that a feasibility study be conducted?","body":"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:\n(a) Whether a reasonable range of alternatives (structural or non-structural) have been formulated and evaluated;\n(b) Whether the recommendation for further study of one or more alternatives is clearly supported by the analysis in the appraisal investigation; and\n(c) For each alternative considered in the investigation, whether the alternative:\n(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;\n(2) Has a positive effect on public and health and safety;\n(3) Will meet water demand, including projected future needs;\n(4) Provides environmental benefits, including source water protection;\n(5) Applies a regional or watershed perspective and promotes benefits in the region in which the project is carried out;\n(6) Implements an integrated water resources management approach;\n(7) Enhances water management flexibility, including providing for local control of water supplies and, where applicable, encouraging participation in water banking and markets;\n(8) Promotes long-term protection of water supplies;\n(9) Includes preliminary cost estimates that are reasonable and supported;\n(10) Is cost-effective and generates national net economic benefits as required under the Principles and Guidelines (incorporated by reference at § 404.4);\n(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\n(12) Other factors that Reclamation deems appropriate.","path":["Title 43—Public Lands: Interior","Subtitle B—Regulations Relating to Public Lands","CHAPTER I—BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR","PART 404—RECLAMATION RURAL WATER SUPPLY PROGRAM","Subpart C—Appraisal Investigations"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"1299b2fa1d5ccf7fd6ac929f833920abc2efbbae77d39d2898860f7820734080","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-404.43","next":"us/43-cfr-404.45"},"notice":"GroundRules: Original legal text. Not legal advice."}
