US (United States) Code. Title 43. Chapter 12B: Colorado River Storage Project

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 12B - COLORADO RIVER STORAGE PROJECT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-MISC1-

Sec.

620. Upper Colorado River Basin; purpose of development of

water resources; initial units; construction of Wayne

N. Aspinall unit contingent upon certification;

participating projects; Rainbow Bridge National

Monument.

620a. Priority to planning reports of certain additional

participating projects; reports to States; San

Juan-Chama project; Juniper project.

620a-1. Construction of participating projects to be

concurrent with Central Arizona Project.

620a-2. Establishment of nonexcess irrigable acreage for

participating projects.

620b. Congressional intent; additional undesignated projects

not precluded; construction not authorized within

national park or monument.

620c. Laws governing; irrigation repayment contracts; time

for making contract; contracts for municipal water;

payment by Indian lands; restricted delivery of water

for excess commodity; apportionments of use.

620c-1. Laws governing priority of appropriation.

620d. Upper Colorado River Basin Fund.

(a) Authorization and availability.

(b) Crediting of appropriations.

(c) Crediting and availability of revenues.

(d) Payments of revenues in excess of operating

needs to Treasury.

(e) Apportionment of excess revenues among States.

(f) Determination of interest rate.

(g) Budget to be submitted to Congress.

620d-1. Reimbursement of Fund from Colorado River Development

Fund; operation of Hoover Dam.

620e. Cost allocations; Indian lands; report to Congress.

620f. Powerplant operations.

620g. Recreational and fish and wildlife facilities.

620h. Saving provisions.

620i. Expenditures; units excepted from soil survey and land

classification requirements.

620j. Court decree; effectivity and approval.

620k. Authorization of appropriations.

620l. Net power revenues.

620m. Compliance with law required in operation of

facilities; enforcement of provisions.

620n. Water quality study and reports.

620o. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 620c-1, 1551, 1552, 1592,

1595, 1597, 1600g of this title; title 16 section 460dd-3.

-End-

-CITE-

43 USC Sec. 620 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620. Upper Colorado River Basin; purpose of development of

water resources; initial units; construction of Wayne N. Aspinall

unit contingent upon certification; participating projects;

Rainbow Bridge National Monument

-STATUTE-

In order to initiate the comprehensive development of the water

resources of the Upper Colorado River Basin, for the purposes,

among others, of regulating the flow of the Colorado River, storing

water for beneficial consumptive use, making it possible for the

States of the Upper Basin to utilize, consistently with the

provisions of the Colorado River Compact, the apportionments made

to and among them in the Colorado River Compact and the Upper

Colorado River Basin Compact, respectively, providing for the

reclamation of arid and semiarid land, for the control of floods,

and for the generation of hydroelectric power, as an incident of

the foregoing purposes, the Secretary of the Interior is authorized

(1) to construct, operate, and maintain the following initial units

of the Colorado River storage project, consisting of dams,

reservoirs, powerplants, transmission facilities and appurtenant

works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir

only), and Glen Canyon: Provided, That the Wayne N. Aspinall Dam

shall be constructed to a height which will impound not less than

nine hundred and forty thousand acre-feet of water or will create a

reservoir of such greater capacity as can be obtained by a high

waterline located at seven thousand five hundred and twenty feet

above mean sea level, and that construction thereof shall not be

undertaken until the Secretary has, on the basis of further

engineering and economic investigations, reexamined the economic

justification of such unit and, accompanied by appropriate

documentation in the form of a supplemental report, has certified

to the Congress and to the President that, in his judgment, the

benefits of such unit will exceed its costs; and (2) to construct,

operate, and maintain the following additional reclamation projects

(including power-generating and transmission facilities related

thereto), hereinafter referred to as participating projects:

Central Utah (initial phase and the Uintah unit), San Juan-Chama

(initial stage), Emery County, Florida, Hammond, La Barge, Lyman,

Navajo Indian, Paonia (including the Minnesota unit, a dam and

reservoir on Muddy Creek just above its confluence with the North

Fork of the Gunnison River, and other necessary works), Animas-La

Plata, Dolores, Dallas Creek, West Divide, San Miguel, Seedskadee,

Savery-Pot Hook, Bostwick Park, Fruitland Mesa, Silt and Smith

Fork: Provided further, That as part of the Glen Canyon Unit the

Secretary of the Interior shall take adequate protective measures

to preclude impairment of the Rainbow Bridge National Monument.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 1, 70 Stat. 105; Pub. L. 87-483, Sec.

18, June 13, 1962, 76 Stat. 102; Pub. L. 88-568, Sec. 1, Sept. 2,

1964, 78 Stat. 852; Pub. L. 90-537, title V, Sec. 501(a), Sept. 30,

1968, 82 Stat. 896; Pub. L. 96-375, Sec. 7, Oct. 3, 1980, 94 Stat.

1507; Pub. L. 96-470, title I, Sec. 108(c), Oct. 19, 1980, 94 Stat.

2239.)

-COD-

CODIFICATION

The provisions of subsec. (a) of section 501 of Pub. L. 90-537

which amended this section are only a part of said subsec. (a). The

remainder of said subsec. (a) amended section 620a of this title

and enacted provisions set out as notes under this section and

section 620k of this title.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-470 struck out proviso that construction of

Uintah unit of Central Utah project not be undertaken by the

Secretary until he has completed a feasibility report on such unit

and submitted it to Congress, along with his certification that, in

his judgment, the benefits of such unit or segment will exceed the

cost and that such unit is physically and financially feasible, and

that the Congress has authorized appropriations for construction

thereof.

Pub. L. 96-375 substituted "Wayne N. Aspinall" for "Curecanti".

1968 - Pub. L. 90-537 added Uintah unit to initial phase in

Central Utah project, substituted "Animas-La Plata, Dolores, Dallas

Creek, West Divide, San Miguel" for "Pine River Extension", and

inserted proviso prohibiting construction of Uintah unit of Central

Utah project until a feasibility study is made, a determination is

made that its benefits will exceed its costs and an authorization

for appropriations is made by Congress.

1964 - Pub. L. 88-568 included Savery-Pot Hook, Bostwick Park,

and Fruitland Mesa as participating projects.

1962 - Pub. L. 87-483 included San Juan-Chama (initial stage) and

Navajo Indian as participating projects in cl. (2).

SHORT TITLE

Act Apr. 11, 1956, which enacted this chapter, is popularly known

as the "Colorado River Storage Project Act".

PURPOSE OF 1968 AMENDMENT

Section 501(a) of Pub. L. 90-537 provided that the amendment of

this section and section 620a of this title by such section 501(a)

were made in order to provide for the construction, operation, and

maintenance of the Animas-La Plata Federal reclamation project,

Colorado-New Mexico; the Dolores, Dallas Creek, West Divide, and

San Miguel Federal reclamation projects, Colorado; and the Central

Utah project (Uintah Unit), Utah, as participating projects under

the Colorado River Storage Project Act, and to provide for the

completion of planning reports on other participating projects.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620b, 620c, 1595 of this

title.

-End-

-CITE-

43 USC Sec. 620a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620a. Priority to planning reports of certain additional

participating projects; reports to States; San Juan-Chama

project; Juniper project

-STATUTE-

In carrying out further investigations of projects under the

Federal reclamation laws in the Upper Colorado River Basin, the

Secretary shall give priority to completion of planning reports on

the Gooseberry, Eagle Divide, Bluestone, Battlement Mesa, Grand

Mesa, Yellow Jacket, Basalt, Middle Park (including the

Troublesome, Rabbit Ear, and Azure units), Upper Gunnison

(including the East River, Ohio Creek, and Tomichi Creek units),

Lower Yampa (including the Juniper and Great Northern units), Upper

Yampa (including the Hayden Mesa, Wessels, and Toponas units) and

Sublette (including a diversion of water from the Green River to

the North Platte River Basin Wyoming), Ute Indian unit of the

Central Utah Project, San Juan County (Utah), Price River, Grand

County (Utah), Gray Canyon, and Juniper (Utah) participating

projects: Provided, That the planning report for the Ute Indian

unit of the Central Utah participating project shall be completed

on or before December 31, 1974, to enable the United States of

America to meet the commitments heretofore made to the Ute Indian

Tribe of the Uintah and Ouray Indian Reservation under the

agreement dated September 20, 1965 (Contract Numbered 14-06-W-194).

Said reports shall be completed as expeditiously as funds are made

available therefor and shall be submitted promptly to the affected

States, which in the case of the San Juan-Chama project shall

include the State of Texas, and thereafter to the President and the

Congress: Provided, That with reference to the plans and

specifications for the San Juan-Chama project, the storage for

control and regulation of water imported from the San Juan River

shall (1) be limited to a single offstream dam and reservoir on a

tributary of the Chama River, (2) be used solely for control and

regulation and no power facilities shall be established, installed

or operated thereat, and (3) be operated at all times by the Bureau

of Reclamation of the Department of the Interior in strict

compliance with the Rio Grande Compact as administered by the Rio

Grande Compact Commission. The preparation of detailed designs and

specifications for the works proposed to be constructed in

connection with projects shall be carried as far forward as the

investigations thereof indicate is reasonable in the circumstances.

The Secretary, concurrently with the investigations directed by

the preceding paragraph, shall also give priority to completion of

a planning report on the Juniper project.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 2, 70 Stat. 106; Pub. L. 87-483, Sec.

18, June 13, 1962, 76 Stat. 102; Pub. L. 88-568, Sec. 1, Sept. 2,

1964, 78 Stat. 852; Pub. L. 90-537, title V, Sec. 501(a), Sept. 30,

1968, 82 Stat. 897.)

-REFTEXT-

REFERENCES IN TEXT

The Federal reclamation laws, referred to in text, include the

act of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as

the Reclamation Act, and Acts amendatory thereof and supplementary

thereto, classified generally to chapter 12 (Sec. 371 et seq.) of

this title. For complete classification of act June 17, 1902, to

the Code, see Short Title note set out under section 371 of this

title and Tables.

-COD-

CODIFICATION

The provisions of subsec. (a) of section 501 of Pub. L. 90-537

which amended this section are only a part of said subsec. (a). The

remainder of subsec. (a), amended section 620 of this title and

enacted provisions set out as notes under sections 620 and 620k of

this title.

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-537 substituted Basalt, Middle Park (including

Troublesome, Rabbit Ear, and Azure units), Upper Gunnison

(including the East River, Ohio Creek, and Tomichi Creek units),

Lower Yampa (including Juniper and Great Northern units), and Upper

Yampa (including Hayden Mesa, Wessels, and Toponas units) projects

for Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide,

Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit

Growers Extension, and Animas-La Plata projects, added Ute Indian

unit of the Central Utah Project, San Juan County (Utah), Price

River, Grand County (Utah), Gray Canyon, and Juniper (Utah)

projects, and that portion of the Sublette projects consisting of a

diversion of water from the Green River to the North Platte River

Basin in Wyoming to the list of participating projects, and

inserted proviso that planning report for Ute Indian unit of

Central Utah project be completed on or before December 31, 1974.

1964 - Pub. L. 88-568 struck out ", Fruitland Mesa, Bostwick

Park" and ", Savery-Pot Hook" after "Ohio Creek" and "Dallas

Creek", respectively.

1962 - Pub. L. 87-483 struck out "San Juan-Chama, Navajo" after

"Gooseberry," in first sentence.

STORAGE OF WATER AT ABIQUIU DAM IN NEW MEXICO

Pub. L. 100-522, Oct. 24, 1988, 102 Stat. 2604, provided that:

"SECTION 1. WATER STORAGE.

"Notwithstanding any other provision of law, the Secretary of the

Army, acting through the Chief of Engineers, is authorized to store

200,000 acre-feet of Rio Grande system water at Abiquiu Dam, New

Mexico, in lieu of the water storage authorized by section 5 of

Public Law 97-140 [set out below], to the extent that contracting

entities under section 5 of Public Law 97-140 no longer require

such storage. The Secretary is authorized further to acquire lands

adjacent to Abiquiu Dam on which the Secretary holds easements as

of the date of enactment of this Act [Oct. 24, 1988] if such

acquisition is necessary to assure proper recreational access at

Abiquiu Dam. The Secretary is further directed to report to

Congress as soon as possible with recommendations on additional

easements that may be required to assure implementation of this

Act.

"SEC. 2. LIMITATION.

"The authorization to store water and to acquire lands under

section 1 is subject to the provisions of the Rio Grande Compact

and the resolutions of the Rio Grande Compact Commission."

STORAGE OF SAN JUAN-CHAMA PROJECT WATER IN OTHER RESERVOIRS

Pub. L. 97-140, Sec. 5, Dec. 29, 1981, 95 Stat. 1717, provided

that:

"(a) The proviso of section 2 of Public Law 84-485 [this section]

shall not be construed to prohibit the storage of San Juan-Chama

project water acquired by contract with the Secretary of the

Interior pursuant to Public Law 87-483 [section 615ii et seq. of

this title] in any reservoir, including the storage of water for

recreation and other beneficial purposes by any party contracting

with the Secretary for project water.

"(b) The Secretary of the Army, acting through the Chief of

Engineers, is authorized to enter into agreements with entities

which have contracted with the Secretary of the Interior for water

from the San Juan-Chama project pursuant to Public Law 87-483 for

storage of a total of two hundred thousand acre-feet of such water

in Abiquiu Reservoir. The Secretary of the Interior is hereby

authorized to release San Juan-Chama project water to contracting

entities for such storage. The agreements to thus store San

Juan-Chama project water shall not interfere with the authorized

purposes of the Abiquiu Dam and Reservoir project and shall include

a requirement that each user of storage space shall pay any

increase in operation and maintenance costs attributable to the

storage of that user's water.

"(c) The Secretary of the Interior is authorized to enter into

agreements with entities which have contracted with the Secretary

of the Interior for water from the San Juan-Chama project pursuant

to Public Law 87-483 for storage of such water in Elephant Butte

Reservoir. The Secretary of the Interior is hereby authorized to

release San Juan-Chama project water to contracting entities for

such storage. Any increase in operation and maintenance costs

resulting from such storage not offset by increased power revenues

resulting from that storage shall be paid proportionately by the

entities for which the San Juan-Chama project water is stored.

"(d) The amount of evaporation loss and spill chargeable to San

Juan-Chama project water stored pursuant to subsections (b) and (c)

of this section shall be accounted as required by the Rio Grande

compact and the procedures established by the Rio Grande Compact

Commission."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 620b of this title.

-End-

-CITE-

43 USC Sec. 620a-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620a-1. Construction of participating projects to be

concurrent with Central Arizona Project

-STATUTE-

The Secretary is directed to proceed as nearly as practicable

with the construction of the Animas-La Plata, Dolores, Dallas

Creek, West Divide, and San Miguel participating Federal

reclamation projects concurrently with the construction of the

Central Arizona Project, to the end that such projects shall be

completed not later than the date of the first delivery of water

from said Central Arizona Project: Provided, That an appropriate

repayment contract for each of said participating projects shall

have been executed as provided in section 620c of this title before

construction shall start on that particular project.

-SOURCE-

(Pub. L. 90-537, title V, Sec. 501(b), Sept. 30, 1968, 82 Stat.

897.)

-COD-

CODIFICATION

Section consists of subsec. (b) of section 501 of Pub. L. 90-537.

Subsecs. (a), (d), and (e) of section 501 are classified to

sections 620, 620 note, 620a, 620a-2, 620c-1, and 620k note of this

title. Subsec. (c) and (f) of section 501 are not classified to the

Code.

Section was enacted as part of the Colorado River Basin Project

Act, and not as part of act Apr. 11, 1956, popularly known as the

Colorado River Storage Project Act, which comprises this chapter.

-End-

-CITE-

43 USC Sec. 620a-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620a-2. Establishment of nonexcess irrigable acreage for

participating projects

-STATUTE-

The Secretary shall, for the Animas-La Plata, Dolores, Dallas

Creek, San Miguel, West Divide, and Seedskadee participating

projects of the Colorado River storage project, establish the

nonexcess irrigable acreage for which any single ownership may

receive project water at one hundred and sixty acres of class 1

land or the equivalent thereof, as determined by the Secretary, in

other land classes.

-SOURCE-

(Pub. L. 90-537, title V, Sec. 501(d), Sept. 30, 1968, 82 Stat.

898.)

-COD-

CODIFICATION

Section consists of subsec. (d) of section 501 of Pub. L. 90-537.

Subsecs. (a), (b), and (e) of section 501 are classified to

sections 620, 620 note, 620a, 620a-1, 620c-1, and 620k note of this

title. Subsecs. (c) and (f) of section 501 are not classified to

the Code.

Section was enacted as part of the Colorado River Basin Project

Act, and not as part of act Apr. 11, 1956, popularly known as the

Colorado River Storage Project Act, which comprises this chapter.

-End-

-CITE-

43 USC Sec. 620b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620b. Congressional intent; additional undesignated projects

not precluded; construction not authorized within national park

or monument

-STATUTE-

It is not the intention of Congress, in authorizing only those

projects designated in section 620 of this title, and in

authorizing priority in planning only those additional projects

designated in section 620a of this title, to limit, restrict, or

otherwise interfere with such comprehensive development as will

provide for the consumptive use by States of the Upper Colorado

River Basin of waters, the use of which is apportioned to the Upper

Colorado River Basin by the Colorado River Compact and to each

State thereof by the Upper Colorado River Basin Compact, nor to

preclude consideration and authorization by the Congress of

additional projects under the allocations in the compacts as

additional needs are indicated. It is the intention of Congress

that no dam or reservoir constructed under the authorization of

this chapter shall be within any national park or monument.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 3, 70 Stat. 107.)

-End-

-CITE-

43 USC Sec. 620c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620c. Laws governing; irrigation repayment contracts; time for

making contract; contracts for municipal water; payment by Indian

lands; restricted delivery of water for excess commodity;

apportionments of use

-STATUTE-

Except as otherwise provided in this chapter, in constructing,

operating, and maintaining the units of the Colorado River storage

project and the participating projects listed in section 620 of

this title, the Secretary shall be governed by the Federal

reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts

amendatory thereof or supplementary thereto): Provided, That (a)

irrigation repayment contracts shall be entered into which, except

as otherwise provided for the Paonia and Eden projects, provide for

repayment of the obligation assumed thereunder with respect to any

project contract unit over a period of not more than fifty years

exclusive of any development period authorized by law; (b) prior to

construction of irrigation distribution facilities, repayment

contracts shall be made with an "organization" as defined in

section 485a(g) of this title which has the capacity to levy

assessments upon all taxable real property located within its

boundaries to assist in making repayments, except where a

substantial proportion of the lands to be served are owned by the

United States; (c) contracts relating to municipal water supply may

be made without regard to the limitations of the last sentence of

section 485h(c) of this title; and (d), as to Indian lands within,

under or served by any participating project, payment of

construction costs within the capability of the land to repay shall

be subject to section 386a of title 25: Provided further, That for

a period of ten years from April 11, 1956, no water from any

participating project authorized by this chapter shall be delivered

to any water user for the production on newly irrigated lands of

any basic agricultural commodity, as defined in the Agricultural

Act of 1949 [7 U.S.C. 1421 et seq.], or any amendment thereof, if

the total supply of such commodity for the marketing year in which

the bulk of the crop would normally be marketed is in excess of the

normal supply as defined in section 1301(b)(10) of title 7 unless

the Secretary of Agriculture calls for an increase in production of

such commodity in the interest of national security. All units and

participating projects shall be subject to the apportionments of

the use of water between the Upper and Lower Basins of the Colorado

River and among the States of the Upper Basin fixed in the Colorado

River Compact and the Upper Colorado River Basin Compact,

respectively, and to the terms of the treaty with the United

Mexican States (Treaty Series 994).

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 4, 70 Stat. 107.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is popularly known as

the Reclamation Act, which is classified generally to chapter 12

(Sec. 371 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

371 of this title and Tables.

The Agricultural Act of 1949, referred to in text, is act Oct.

31, 1949, ch. 792, 63 Stat. 1051, as amended, which is classified

principally to chapter 35A (Sec. 1421 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 1421 of Title 7 and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620a-1, 620d of this

title.

-End-

-CITE-

43 USC Sec. 620c-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620c-1. Laws governing priority of appropriation

-STATUTE-

In the diversion and storage of water for any project or any

parts thereof constructed under the authority of the Colorado River

Basin Project Act [43 U.S.C. 1501 et seq.] or the Colorado River

Storage Project Act [43 U.S.C. 620 et seq.] within and for the

benefit of the State of Colorado only, the Secretary is directed to

comply with the constitution and statutes of the State of Colorado

relating to priority of appropriation; with State and Federal court

decrees entered pursuant thereto; and with operating principles, if

any, adopted by the Secretary and approved by the State of

Colorado.

-SOURCE-

(Pub. L. 90-537, title V, Sec. 501(e), Sept. 30, 1968, 82 Stat.

898.)

-REFTEXT-

REFERENCES IN TEXT

The Colorado River Basin Project Act, referred to in text, is

Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which is

classified principally to chapter 32 (Sec. 1501 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1501 of this title and

Tables.

The Colorado River Storage Project Act, referred to in text, is

act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which is

classified generally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

620 of this title and Tables.

-COD-

CODIFICATION

Section consists of subsec. (e) of section 501 of Pub. L. 90-537.

Subsecs. (a), (b), and (d) of section 501 are classified to

sections 620, 620 note, 620a, 620a-1, 620a-2, and 620k note of this

title. Subsecs. (c) and (f) of section 501 are not classified to

the Code.

Section was enacted as part of the Colorado River Basin Project

Act, and not as part of act Apr. 11, 1956, popularly known as the

Colorado River Storage Project Act, which comprises this chapter.

-End-

-CITE-

43 USC Sec. 620d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620d. Upper Colorado River Basin Fund

-STATUTE-

(a) Authorization and availability

There is authorized a separate fund in the Treasury of the United

States to be known as the Upper Colorado River Basin Fund

(hereinafter referred to as the Basin Fund), which shall remain

available until expended, as hereafter provided, for carrying out

provisions of this chapter other than section 620g of this title.

(b) Crediting of appropriations

All appropriations made for the purpose of carrying out the

provisions of this chapter, other than section 620g of this title

shall be credited to the Basin Fund as advances from the general

fund of the Treasury.

(c) Crediting and availability of revenues

All revenues collected in connection with the operation of the

Colorado River storage project and participating projects shall be

credited to the Basin Fund, and shall be available, without further

appropriation, for (1) defraying the costs of operation,

maintenance, and replacements of, and emergency expenditures for,

all facilities of the Colorado River storage project and

participating projects, within such separate limitations as may be

included in annual appropriation acts: Provided, That with respect

to each participating project, such costs shall be paid from

revenues received from each such project; (2) payment as required

by subsection (d) of this section; and (3) payment as required by

subsection (e) of this section. Revenues credited to the Basin Fund

shall not be available for appropriation for construction of the

units and participating projects authorized by or pursuant to this

chapter.

(d) Payments of revenues in excess of operating needs to Treasury

Revenues in the Basin Fund in excess of operating needs shall be

paid annually to the general fund of the Treasury to return -

(1) the costs of each unit, participating project, or any

separable feature thereof which are allocated to power pursuant

to section 620e of this title, within a period not exceeding

fifty years from the date of completion of such unit,

participating project, or separable feature thereof;

(2) the costs of each unit, participating project, or any

separable feature thereof which are allocated to municipal water

supply pursuant to section 620e of this title, within a period

not exceeding fifty years from the date of completion of such

unit, participating project, or separable feature thereof;

(3) interest on the unamortized balance of the investment

(including interest during construction) in the power and

municipal water supply features of each unit, participating

project, or any separable feature thereof, at a rate determined

by the Secretary of the Treasury as provided in subsection (f) of

this section, and interest due shall be a first charge;

(4) the costs of each storage unit which are allocated to

irrigation pursuant to section 620e of this title within a period

not exceeding fifty years; and

(5) the costs of each salinity control unit or separable

feature thereof, the costs of measures to replace incidental fish

and wildlife values foregone, and the costs of the on-farm

measures payable from the Upper Colorado River Basin Fund in

accordance with sections 1595(a)(2), 1595(a)(3), and 1595(c) of

this title.

(e) Apportionment of excess revenues among States

Revenues in the Basin Fund in excess of the amounts needed to

meet the requirements of clause (1) of subsection (c) of this

section, and to return to the general fund of the Treasury the

costs set out in subsection (d) of this section, shall be

apportioned among the States of the Upper Division in the following

percentages: Colorado, 46 per centum; Utah, 21.5 per centum;

Wyoming, 15.5 per centum; and New Mexico, 17 per centum: Provided,

That prior to the application of such percentages, all revenues

remaining in the Basin Fund from each participating project (or

part thereof), herein or hereafter authorized, after payments,

where applicable, with respect to such projects, to the general

fund of the Treasury under subparagraphs (1), (2), and (3) of

subsection (d) of this section shall be apportioned to the State in

which such participating project, or part thereof, is located.

Revenues so apportioned to each State shall be used only for the

repayment of construction costs of participating projects or parts

of such projects in the State to which such revenues are

apportioned and shall not be used for such purpose in any other

State without the consent, as expressed through its legally

constituted authority, of the State to which such revenues are

apportioned. Subject to such requirement, there shall be paid

annually into the general fund of the Treasury from the revenues

apportioned to each State (1) the costs of each participating

project herein authorized (except Paonia) or any separable feature

thereof, which are allocated to irrigation pursuant to section 620e

of this title, within a period not exceeding fifty years, in

addition to any development period authorized by law, from the date

of completion of such participating project or separable feature

thereof, or, in the case of Indian lands, payment in accordance

with section 620c of this title; (2) costs of the Paonia project,

which are beyond the ability of the water users to repay, within a

period prescribed in the Act of June 25, 1947 (61 Stat. 181); and

(3) costs in connection with the irrigation features of the Eden

project as specified in the Act of June 28, 1949 (63 Stat. 277).

(f) Determination of interest rate

The interest rate applicable to each unit of the storage project

and each participating project for purposes of computing interest

during construction and interest on the unpaid balance shall be

determined by the Secretary of the Treasury, as of the beginning of

the fiscal year in which construction is initiated, on the basis of

the computed average interest rate payable by the Treasury upon its

outstanding marketable public obligations, which are neither due

nor callable for redemption for fifteen years from the date of

issue.

(g) Budget to be submitted to Congress

Business-type budgets shall be submitted to the Congress annually

for all operations financed by the Basin Fund.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 5, 70 Stat. 107; Pub. L. 86-529, Sec.

9 (part), June 27, 1960, 74 Stat. 227; Pub. L. 87-483, Sec. 18,

June 13, 1962, 76 Stat. 102; Pub. L. 93-320, title II, Sec. 205(d),

June 24, 1974, 88 Stat. 273; Pub. L. 98-569, Sec. 4(h), Oct. 30,

1984, 98 Stat. 2939.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 25, 1947, referred to in subsec. (e), is act June 25,

1947, ch. 148, 61 Stat. 181, which authorized the construction,

operation, and maintenance of the Paonia Federal reclamation

project, Colorado, and which is not classified to the Code.

Act of June 28, 1949, referred to in subsec. (e), is act June 28,

1949, ch. 255, 63 Stat. 277, which authorized the completion of

construction and development of the Eden project, Wyoming, and

which is not classified to the Code.

-MISC1-

AMENDMENTS

1984 - Subsec. (d)(5). Pub. L. 98-569 inserted ", the costs of

measures to replace incidental fish and wildlife values foregone,

and the costs of the on-farm measures" before "payable".

1974 - Subsec. (d)(5). Pub. L. 93-320 added par. (5).

1962 - Subsec. (e). Pub. L. 87-483 substituted "hereafter" for

"hereinafter" in proviso in first par.

1960 - Subsec. (f). Pub. L. 86-529 required Secretary, for

purposes of computing interest during construction and interest on

unpaid balance, to determine interest rate as of beginning of

fiscal year in which construction is initiated, on basis of

computed average interest rate payable by the Treasury upon its

outstanding marketable public obligations, which are neither due

nor callable for redemption for fifteen years from date of issue.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section

6 of Pub. L. 98-569, set out as a note under section 1591 of this

title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 9 of Pub. L. 86-529 provided that the amendment made by

that section is effective June 1, 1960.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under subsec. (g) of this section is listed

as the 8th item on page 114), see section 3003 of Pub. L. 104-66,

as amended, and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L.

106-554, set out as notes under section 1113 of Title 31, Money and

Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d-1, 1595, 1597 of

this title.

-End-

-CITE-

43 USC Sec. 620d-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620d-1. Reimbursement of Fund from Colorado River Development

Fund; operation of Hoover Dam

-STATUTE-

The Upper Colorado River Basin Fund established under section

620d of this title shall be reimbursed from the Colorado River

Development Fund established by section 618a of this title for the

money expended heretofore or hereafter from the Upper Colorado

River Basin Fund to meet deficiencies in generation at Hoover Dam

during the filling period of storage units of the Colorado River

storage project pursuant to the criteria for the filling of Glen

Canyon Reservoir (27 Fed. Reg. 6851, July 19, 1962). For this

purpose, $500,000 for each year of operation of Hoover Dam and

powerplant, commencing with fiscal year 1970, shall be transferred

from the Colorado River Development Fund to the Upper Colorado

River Basin Fund, in lieu of application of said amounts to the

purposes stated in section 618a(d) of this title, until such

reimbursement is accomplished. To the extent that any deficiency in

such reimbursement remains as of June 1, 1987, the amount of the

remaining deficiency shall then be transferred to the Upper

Colorado River Basin Fund from the Lower Colorado River Basin

Development Fund, as provided in section 1543(g) of this title.

-SOURCE-

(Pub. L. 90-537, title V, Sec. 502, Sept. 30, 1968, 82 Stat. 898.)

-COD-

CODIFICATION

Section was enacted as part of the Colorado River Basin Project

Act, and not as part of act Apr. 11, 1956, popularly known as the

Colorado River Storage Project Act, which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1543 of this title.

-End-

-CITE-

43 USC Sec. 620e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620e. Cost allocations; Indian lands; report to Congress

-STATUTE-

Upon completion of each unit, participating project or separable

feature thereof, the Secretary shall allocate the total costs

(excluding any expenditures authorized by section 620g of this

title) of constructing said unit, project or feature to power,

irrigation, municipal water supply, flood control, navigation, or

any other purposes authorized under reclamation law. Allocations of

construction, operation and maintenance costs to authorized

nonreimbursable purposes shall be nonreturnable under the

provisions of this chapter. In the event that the Navajo

participating project is authorized, the costs allocated to

irrigation of Indian-owned tribal or restricted lands within,

under, or served by such project, and beyond the capability of such

lands to repay, shall be determined, and, in recognition of the

fact that assistance to the Navajo Indians is the responsibility of

the entire nation, such costs shall be nonreimbursable. On January

1 of each year the Secretary shall report to the Congress for the

previous fiscal year, beginning with the fiscal year 1957, upon the

status of the revenues from, and the cost of, constructing,

operating, and maintaining the Colorado River storage project and

the participating projects. The Secretary's report shall be

prepared to reflect accurately the Federal investment allocated at

that time to power, to irrigation, and to other purposes, the

progress of return and repayment thereon, and the estimated rate of

progress, year by year, in accomplishing full repayment.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 6, 70 Stat. 109.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, probably means act June

17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as

the Reclamation Act, which is classified generally to chapter 12

(Sec. 371 et seq.) of this title. For complete classification of

act June 17, 1902, to the Code, see Short Title note set out under

section 371 of this title and Tables.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under this section is listed as the 11th

item on page 114), see section 3003 of Pub. L. 104-66, as amended,

and section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set

out as notes under section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 620d of this title.

-End-

-CITE-

43 USC Sec. 620f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620f. Powerplant operations

-STATUTE-

The hydroelectric powerplants and transmission lines authorized

by this chapter to be constructed, operated, and maintained by the

Secretary shall be operated in conjunction with other Federal

powerplants, present and potential, so as to produce the greatest

practicable amount of power and energy that can be sold at firm

power and energy rates, but in the exercise of the authority hereby

granted he shall not affect or interfere with the operation of the

provisions of the Colorado River Compact, the Upper Colorado River

Basin Compact, the Boulder Canyon Project Act [43 U.S.C. 617 et

seq.], the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 et

seq.], and any contract lawfully entered into under said Compacts

and Acts. Subject to the provisions of the Colorado River Compact,

neither the impounding nor the use of water for the generation of

power and energy at the plants of the Colorado River storage

project shall preclude or impair the appropriation of water for

domestic or agricultural purposes pursuant to applicable State law.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 7, 70 Stat. 109; Pub. L. 87-483, Sec.

18, June 13, 1962, 76 Stat. 102.)

-REFTEXT-

REFERENCES IN TEXT

The Boulder Canyon Project Act, referred to in text, is act Dec.

21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified

generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this

title. For complete classification of this Act to the Code, see

section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in text,

is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is

classified generally to subchapter II (Sec. 618 et seq.) of chapter

12A of this title. For complete classification of this Act to the

Code, see section 618o of this title and Tables.

-MISC1-

AMENDMENTS

1962 - Pub. L. 87-483 substituted "into" for "unto".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1552 of this title.

-End-

-CITE-

43 USC Sec. 620g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620g. Recreational and fish and wildlife facilities

-STATUTE-

In connection with the development of the Colorado River storage

project and of the participating projects, the Secretary is

authorized and directed to investigate, plan, construct, operate,

and maintain (1) public recreational facilities on lands withdrawn

or acquired for the development of said project or of said

participating projects, to conserve the scenery, the natural,

historic, and archeologic objects, and the wildlife on said lands,

and to provide for public use and enjoyment of the same and of the

water areas created by these projects by such means as are

consistent with the primary purposes of said projects; and (2)

facilities to mitigate losses of, and improve conditions for, the

propagation of fish and wildlife. The Secretary is authorized to

acquire lands necessary for the construction, operation, and

maintenance of the facilities herein provided, and to dispose of

them to Federal, State, and local governmental agencies by lease,

transfer, exchange, or conveyance upon such terms and conditions as

will best promote their development and operation in the public

interest. All costs incurred pursuant to this section shall be

nonreimbursable and nonreturnable.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 8, 70 Stat. 110; Pub. L. 94-579,

title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 struck out provisions authorizing

withdrawal of public lands from entry or other disposition under

the public land laws.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that the amendment made

by that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 620e of this title.

-End-

-CITE-

43 USC Sec. 620h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620h. Saving provisions

-STATUTE-

Nothing contained in this chapter shall be construed to alter,

amend, repeal, construe, interpret, modify, or be in conflict with

the provisions of the Boulder Canyon Project Act (45 Stat. 1057)

[43 U.S.C. 617 et seq.], the Boulder Canyon Project Adjustment Act

(54 Stat. 774) [43 U.S.C. 618 et seq.], the Colorado River Compact,

the Upper Colorado River Basin Compact, the Rio Grande Compact of

1938, or the treaty with the United Mexican States (Treaty Series

994).

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 9, 70 Stat. 110.)

-REFTEXT-

REFERENCES IN TEXT

The Boulder Canyon Project Act, referred to in text, is act Dec.

21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified

generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this

title. For complete classification of this Act to the Code, see

section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in text,

is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is

classified generally to subchapter II (Sec. 618 et seq.) of chapter

12A of this title. For complete classification of this Act to the

Code, see section 618o of this title and Tables.

-End-

-CITE-

43 USC Sec. 620i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620i. Expenditures; units excepted from soil survey and land

classification requirements

-STATUTE-

Expenditures for the Flaming Gorge, Glen Canyon, Wayne N.

Aspinall, and Navajo initial units of the Colorado River storage

project may be made without regard to the soil survey and land

classification requirements of section 390a (!1) of this title.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 10, 70 Stat. 110; Pub. L. 96-375,

Sec. 7, Oct. 3, 1980, 94 Stat. 1507.)

-REFTEXT-

REFERENCES IN TEXT

Section 390a of this title, referred to in text, was in the

original a reference to the Interior Department Appropriation Act,

1954. The soil survey and land classification requirements of that

Act (act July 31, 1953, ch. 298, 67 Stat. 261, 266) were classified

to section 390a of this title, prior to repeal by Pub. L. 105-362,

title IX, Sec. 901(e)(2), Nov. 10, 1998, 112 Stat. 3289.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-375 substituted "Wayne N. Aspinall" for

"Curecanti".

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 620j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620j. Court decree; effectivity and approval

-STATUTE-

The Final Judgment, Final Decree and stipulations incorporated

therein in the consolidated cases of United States of America v.

Northern Colorado Water Conservancy District, et al., Civil Nos.

2782, 5016 and 5017, in the United States District Court for the

District of Colorado, are approved, shall become effective

immediately, and the proper agencies of the United States shall act

in accordance therewith.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 11, 70 Stat. 110.)

-End-

-CITE-

43 USC Sec. 620k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620k. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated, out of any moneys in the

Treasury not otherwise appropriated, such sums as may be required

to carry out the purposes of this chapter, but not to exceed

$760,000,000.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 12, 70 Stat. 110.)

-CHANGE-

CHANGE OF NAME

Pub. L. 96-375, Sec. 7, Oct. 3, 1980, 94 Stat. 1507, provided

that: "The Curecanti Storage Unit of the Colorado River Storage

Project constructed under the authority of the Act of April 11,

1956 (70 Stat. 106) [this chapter] is hereby designated and

hereafter shall be known as the Wayne N. Aspinall Storage Unit of

the Colorado River Storage Project. Any law, regulation, record,

map, or other document of the United States referring to the

Curecanti Storage Unit shall be held to refer to the Wayne N.

Aspinall Storage Unit."

-MISC1-

TERMINATION OF AUTHORIZATION OF APPROPRIATIONS

Pub. L. 102-575, title II, Sec. 201(c), Oct. 30, 1992, 106 Stat.

4607, provided that: "Notwithstanding any provision of the Act of

April 11, 1956 (70 Stat. 110; 43 U.S.C. 620k) [this chapter], the

Act of September 2, 1964 (78 Stat. 852) [Pub. L. 88-568, see Tables

for classification], the Act of September 30, 1968 (82 Stat. 885)

[see Short Title note set out under section 1501 of this title],

the Act of August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note), and

the Act of October 31, 1988 (102 Stat. 2826) [enacting section 79-1

of Title 16, Conservation, and provisions set out as notes under

this section and section 461 of Title 16] to the contrary, the

authorization of appropriations for construction of any Colorado

River Storage Project participating project located in the State of

Utah shall terminate five years after the date of enactment of this

Act [Oct. 30, 1992] unless: (1) the Secretary [of the Interior]

executes a cost-sharing agreement with the District [Central Utah

Water Conservancy District] for construction of such project, and

(2) the Secretary has requested, or the Congress has appropriated,

construction funds for such project."

AUTHORIZATION OF ADDITIONAL AMOUNTS FOR COLORADO RIVER STORAGE

PROJECT

Pub. L. 102-575, title II, Sec. 201(a)(1), Oct. 30, 1992, 106

Stat. 4606, provided that: "In order to provide for the completion

of the Central Utah Project and other features described in this

Act [see Short Title of 1992 Amendment note set out under section

371 of this title], the amount which section 12 of the Act of April

11, 1956 (70 Stat. 110; 43 U.S.C. 620k), authorizes to be

appropriated, which was increased by the Act of August 10, 1972 (86

Stat. 525; 43 U.S.C. 620k note) and the Act of October 31, 1988

(102 Stat. 2826) [43 U.S.C. 620k note], is hereby further increased

by $924,206,000 (January 1991) plus or minus such amounts, if any,

as may be required by reason of changes in construction costs as

indicated by engineering cost indexes applicable to the type of

construction involved: Provided, however, That of the amounts

authorized to be appropriated by this section, the Secretary [of

the Interior] is not authorized to obligate or expend amounts in

excess of $214,352,000 for the features identified in the Report of

the Senate Committee on Energy and Natural Resources accompanying

the bill H.R. 429 [S. Rept. No. 102-267, One Hundred Second

Congress]. This additional sum shall be available solely for

design, engineering, and construction of the facilities identified

in title II of this Act [106 Stat. 4605] and for the planning and

implementation of the fish and wildlife and recreation mitigation

and conservation projects and studies authorized in titles III and

IV of this Act [106 Stat. 4625, 4648], and for the Ute Indian

Settlement authorized in title V of this Act [106 Stat. 4650]."

Pub. L. 100-563, Sec. 1, Oct. 31, 1988, 102 Stat. 2826, provided

that: "In order to provide for the continued construction of the

Colorado River Storage Project, and for the continued construction

of the municipal and industrial water features of the Bonneville

Unit of the Central Utah Project, the amount which section 12 of

the Act of April 11, 1956 (70 Stat. 110; 43 U.S.C. 620k),

authorizes to be appropriated, which was increased by the Act of

August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note), is hereby

further increased by $45,456,000 plus or minus such amounts, if

any, as may be required by reason of changes in construction costs

as indicated by engineering cost indexes applicable to the type of

construction involved. This additional sum shall be available

solely for continuing construction of the previously authorized

units and projects named in such Act of August 10, 1972."

ADDITIONAL APPROPRIATIONS AUTHORIZED FOR CERTAIN PROJECTS IN THE

UPPER COLORADO RIVER BASIN

Pub. L. 92-370, Aug. 10, 1972, 86 Stat. 525, provided: "That in

order to provide for completion of construction of the Curecanti,

Flaming Gorge, Glen Canyon, and Navajo units, and transmission

division of the Colorado River storage project, and for completion

of construction of the following participating projects: Central

Utah (initial phase - Bonneville, Jensen, Upalco, and Vernal

units), Emery County, Florida, Hammond, LaBarge, Lyman, Paonia,

Seedskadee, Silt, and Smith Fork; the amount which section 12 of

the Act of April 11, 1956 (79 Stat. 105) [this section] authorizes

to be appropriated is hereby further increased by the sum of

$610,000,000, plus or minus such amounts, if any, as may be

required, by reason of changes in construction costs as indicated

by engineering cost indexes applicable to the type of construction

involved. This additional sum shall be available solely for

continuing construction of the previously authorized units and

projects named herein."

ADDITIONAL APPROPRIATIONS AUTHORIZED FOR CONSTRUCTION OF ANIMAS-LA

PLATA, DOLORES, DALLAS CREEK, WEST DIVIDE, AND SAN MIGUEL PROJECTS

Pub. L. 90-537, title V, Sec. 501(a), Sept. 30, 1968, 82 Stat.

897, provided in part that: "The amount which section 12 of said

Act [this section] authorizes to be appropriated is hereby further

increased by the sum of $392,000,000 plus or minus such amounts, if

any, as may be required, by reason of changes in construction costs

as indicated by engineering cost indices applicable to the type of

construction involved. This additional sum shall be available

solely for the construction of the Animas-La Plata, Dolores, Dallas

Creek, West Divide, and San Miguel projects herein authorized."

-End-

-CITE-

43 USC Sec. 620l 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620l. Net power revenues

-STATUTE-

In planning the use of, and in using credits from, net power

revenues available for the purpose of assisting in the pay-out of

costs of participating projects herein and hereafter authorized in

the States of Colorado, New Mexico, Utah, and Wyoming, the

Secretary shall have regard for the achievement within each of said

States of the fullest practicable use of the waters of the Upper

Colorado River system, consistent with the apportionment thereof

among such States.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 13, 70 Stat. 110.)

-End-

-CITE-

43 USC Sec. 620m 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620m. Compliance with law required in operation of facilities;

enforcement of provisions

-STATUTE-

In the operation and maintenance of all facilities, authorized by

Federal law and under the jurisdiction and supervision of the

Secretary of the Interior, in the basin of the Colorado River, the

Secretary of the Interior is directed to comply with the applicable

provisions of the Colorado River Compact, the Upper Colorado River

Basin Compact, the Boulder Canyon Project Act [43 U.S.C. 617 et

seq.], the Boulder Canyon Project Adjustment Act [43 U.S.C. 618 et

seq.], and the Treaty with the United Mexican States, in the

storage and release of water from reservoirs in the Colorado River

Basin. In the event of the failure of the Secretary of the Interior

to so comply, any State of the Colorado River Basin may maintain an

action in the Supreme Court of the United States to enforce the

provisions of this section, and consent is given to the joinder of

the United States as a party in such suit or suites, as a defendant

or otherwise.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 14, 70 Stat. 110.)

-REFTEXT-

REFERENCES IN TEXT

The Boulder Canyon Project Act, referred to in text, is act Dec.

21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified

generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this

title. For complete classification of this Act to the Code, see

section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in text,

is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is

classified generally to subchapter II (Sec. 618 et seq.) of chapter

12A of this title. For complete classification of this Act to the

Code, see section 618o of this title and Tables.

-End-

-CITE-

43 USC Sec. 620n 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620n. Water quality study and reports

-STATUTE-

The Secretary of the Interior is directed to continue studies and

to make a report to the Congress and to the States of the Colorado

River Basin on the quality of water of the Colorado River.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 15, 70 Stat. 111.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1596, 1597 of this title.

-End-

-CITE-

43 USC Sec. 620o 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12B - COLORADO RIVER STORAGE PROJECT

-HEAD-

Sec. 620o. Definitions

-STATUTE-

As used in this chapter -

The terms "Colorado River Basin", "Colorado River Compact",

"Colorado River System", "Lee Ferry", "States of the Upper

Division", "Upper Basin", and "domestic use" shall have the meaning

ascribed to them in article II of the Upper Colorado River Basin

Compact;

The term "States of the Upper Colorado River Basin" shall mean

the States of Arizona, Colorado, New Mexico, Utah, and Wyoming;

The term "Upper Colorado River Basin" shall have the same meaning

as the term "Upper Basin";

The term "Upper Colorado River Basin Compact" shall mean that

certain compact executed on October 11, 1948 by commissioners

representing the States of Arizona, Colorado, New Mexico, Utah, and

Wyoming, and consented to by the Congress of the United States of

America by Act of April 6, 1949 (63 Stat. 31);

The term "Rio Grande Compact" shall mean that certain compact

executed on March 18, 1938, by commissioners representing the

States of Colorado, New Mexico, and Texas and consented to by the

Congress of the United States of America by Act of May 31, 1939 (53

Stat. 785);

The term "Treaty with the United Mexican States" shall mean that

certain treaty between the United States of America and the United

Mexican States, signed at Washington, District of Columbia,

February 3, 1944, relating to the utilization of the waters of the

Colorado River and other rivers, as amended and supplemented by the

protocol dated November 14, 1944, and the understandings recited in

the Senate resolution of April 18, 1945, advising and consenting to

ratification thereof.

-SOURCE-

(Apr. 11, 1956, ch. 203, Sec. 16, 70 Stat. 111.)

-REFTEXT-

REFERENCES IN TEXT

Act of April 6, 1949, referred to in text, is act Apr. 6, 1949,

ch. 48, 63 Stat. 31, which is not classified to the Code.

Act of May 31, 1939, referred to in text, is act May 31, 1939,

ch. 155, 53 Stat. 785, which is not classified to the Code.

-End-