US (United States) Code. Title 43. Chapter 32: Colorado River Basin Project

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

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-CITE-

43 USC CHAPTER 32 - COLORADO RIVER BASIN PROJECT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

-HEAD-

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

-MISC1-

SUBCHAPTER I - OBJECTIVES

Sec.

1501. Congressional declaration of purpose and policy.

SUBCHAPTER II - INVESTIGATIONS AND PLANNING

1511. Reconnaissance investigations by Secretary of the

Interior; reports; 10-year moratorium on water

importation studies.

1511a. Cooperation and participation by Secretary of the Army

with Federal, State, and local agencies.

1512. Mexican Water Treaty.

1513. Importation of water; protection of exporting areas.

1514. Authorization of appropriations.

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

1521. Central Arizona Project.

(a) Construction and operation; Hayden-Rhodes

Aqueduct and pumping plants; Orme Dam and

Reservoir; Buttes Dam and Reservoir; Hooker

Dam and Reservoir; Charleston Dam and

Reservoir; Tucson aqueducts and pumping

plants; Fannin-McFarland Aqueduct; related and

appurtenant works.

(b) Limitation on water diversions in years of

insufficient main stream Colorado River water.

(c) Augmentation of water supply of Colorado River

system.

1522. Orme Dam and Reservoir.

(a) Acquisition of lands of Salt River

Pima-Maricopa Indian Community and Fort

McDowell-Apache Indian Community; relocation;

eminent domain.

(b) Rights of former owners to use or lease land.

(c) Addition of land to Fort McDowell Indian

Reservation.

(d) Recreational facilities developed and operated

by Indian communities along Orme Reservoir

shoreline.

(e) Exemption of funds from State and Federal

income taxes.

1523. Power requirements of Central Arizona Project and

augmentation of Lower Colorado River Basin

Development Fund.

(a) Engineering and economic studies.

(b) Construction of thermal generating powerplants;

agreements for acquisition by United States of

portions of plant capacity.

(c) Recommended plan; submission to Congress.

(d) Apportionment of water for Arizona plants

diverted above Lee Ferry.

1524. Water furnished from Central Arizona Project.

(a) Restriction on use of water for irrigation.

(b) Contracts with municipal and industrial users.

(c) Water conservation.

(d) Water exchanges.

(e) Water shortage priorities.

(f) New Mexico users; water exchange contracts.

1525. Cost of main stream water of Colorado River.

1526. Water salvage programs.

1527. Fish and wildlife conservation and development.

1528. Authorization of appropriations.

SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

1541. Allocation of costs; repayment.

1542. Repayment capability of Indian lands.

1543. Lower Colorado River Basin Development Fund.

(a) Establishment.

(b) Appropriations.

(c) Revenues credited to fund.

(d) Use of revenue funds.

(e) Appropriation by Congress required for

construction of works.

(f) Return of costs and interest.

(g) Repayment of costs.

(h) Interest rate.

(i) Annual budgets; submission to Congress.

1544. Annual report to Congress.

SUBCHAPTER V - GENERAL PROVISIONS

1551. Construction of Colorado River Basin Act.

(a) Effect on other laws.

(b) Reports to Congress.

(c) Compliance of Federal officers and agencies.

1552. Criteria for long-range operation of reservoirs.

(a) Promulgation by Secretary; order of priorities.

(b) Submittal of criteria for review and comment;

publication; report to Congress.

(c) Powerplant operations.

1553. Upper Colorado River Basin; rights to consumptive uses

not to be reduced or prejudiced; duties and powers of

Commission not impaired.

1554. Federal reclamation laws.

1555. Federal Power Act inapplicable to Colorado River

between Hoover Dam and Glen Canyon Dam.

1556. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 620c-1, 1511a, 1592,

1597, 1600g of this title.

-End-

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43 USC SUBCHAPTER I - OBJECTIVES 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER I - OBJECTIVES

-HEAD-

SUBCHAPTER I - OBJECTIVES

-End-

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43 USC Sec. 1501 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER I - OBJECTIVES

-HEAD-

Sec. 1501. Congressional declaration of purpose and policy

-STATUTE-

(a) It is the object of this chapter to provide a program for the

further comprehensive development of the water resources of the

Colorado River Basin and for the provision of additional and

adequate water supplies for use in the upper as well as in the

lower Colorado River Basin. This program is declared to be for the

purposes, among others, of regulating the flow of the Colorado

River; controlling floods; improving navigation; providing for the

storage and delivery of the waters of the Colorado River for

reclamation of lands, including supplemental water supplies, and

for municipal, industrial, and other beneficial purposes; improving

water quality; providing for basic public outdoor recreation

facilities; improving conditions for fish and wildlife, and the

generation and sale of electrical power as an incident of the

foregoing purposes.

(b) It is the policy of the Congress that the Secretary of the

Interior (hereinafter referred to the "Secretary") shall continue

to develop, after consultation with affected States and appropriate

Federal agencies, a regional water plan, consistent with the

provisions of this chapter and with future authorizations, to serve

as the framework under which projects in the Colorado River Basin

may be coordinated and constructed with proper timing to the end

that an adequate supply of water may be made available for such

projects, whether heretofore, herein, or hereafter authorized.

-SOURCE-

(Pub. L. 90-537, title I, Sec. 102, Sept. 30, 1968, 82 Stat. 886.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as

amended, known as the Colorado River Basin Project Act, which

enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,

and 620d-1 of this title, amended sections 616hh, 620, and 620a of

this title, and enacted provisions set out as notes under sections

620, 620k, and 1501 of this title. For complete classification of

this Act to the Code, see Short Title note set out below and

Tables.

-MISC1-

SHORT TITLE

Section 101 of Pub. L. 90-537 provided: "That this Act [enacting

this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1, and

620d-1 of this title, amending sections 616hh, 620, and 620a of

this title, and enacting provisions set out as notes under sections

620, 620k, and 1501 of this title] may be cited as the 'Colorado

River Basin Project Act'."

-End-

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43 USC SUBCHAPTER II - INVESTIGATIONS AND PLANNING 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-

SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1541 of this title.

-End-

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43 USC Sec. 1511 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-

Sec. 1511. Reconnaissance investigations by Secretary of the

Interior; reports; 10-year moratorium on water importation

studies

-STATUTE-

Pursuant to the authority set out in the Reclamation Act of June

17, 1902, 32 Stat. 388, and Acts amendatory thereof or

supplementary thereto, and the provisions of the Water Resources

Planning Act of July 22, 1965, 79 Stat. 244, as amended [42 U.S.C.

1962 et seq.], with respect to the coordination of studies,

investigations and assessments, the Secretary of the Interior shall

conduct full and complete reconnaissance investigations for the

purpose of developing a general plan to meet the future water needs

of the Western United States. Such investigations shall include the

long-range water supply available and the long-range water

requirements in each water resource region of the Western United

States. Progress reports in connection with these investigations

shall be submitted to the President, the National Water Commission

(while it is in existence), the Water Resources Council, and to the

Congress every two years. The first of such reports shall be

submitted on or before June 30, 1971, and a final reconnaissance

report shall be submitted not later than June 30, 1977: Provided,

That for a period of ten years from November 2, 1978, any Federal

official shall not undertake reconnaissance studies of any plan for

the importation of water into the Colorado River Basin from any

other natural river drainage basin lying outside the States of

Arizona, California, Colorado, New Mexico, and those portions of

Nevada, Utah, and Wyoming which are in the natural drainage basin

of the Colorado River.

-SOURCE-

(Pub. L. 90-537, title II, Sec. 201, Sept. 30, 1968, 82 Stat. 886;

Pub. L. 95-578, Sec. 10, Nov. 2, 1978, 92 Stat. 2472; Pub. L.

96-375, Sec. 10, Oct. 3, 1980, 94 Stat. 1507.)

-REFTEXT-

REFERENCES IN TEXT

The Reclamation Act of June 17, 1902, 32 Stat. 388, referred to

in text, 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 Water Resources Planning Act, as amended, referred to in

text, is Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended,

which is classified generally to chapter 19B (Sec. 1962 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 1962 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-375 substituted "any Federal official" for "the

Secretary" in proviso.

1978 - Pub. L. 95-578 substituted "November 2, 1978" for

"September 30, 1968".

TERMINATION OF NATIONAL WATER COMMISSION

National Water Commission, established by Pub. L. 90-515, Sept.

26, 1968, 82 Stat. 868, terminated Sept. 26, 1973.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1512, 1513, 1543 of this

title.

-End-

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43 USC Sec. 1511a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-

Sec. 1511a. Cooperation and participation by Secretary of the Army

with Federal, State, and local agencies

-STATUTE-

The Secretary of the Army, acting through the Chief of Engineers,

is authorized to cooperate and participate with concerned Federal,

State, and local agencies in preparing the general plan for the

development of the water resources of the western United States

authorized by the Colorado River Basin Project Act [43 U.S.C. 1501

et seq.].

-SOURCE-

(Pub. L. 91-611, title II, Sec. 203, Dec. 31, 1970, 84 Stat. 1828.)

-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 this chapter. For complete classification

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

1501 of this title and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Colorado River Basin

Project Act which comprises this chapter.

-End-

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43 USC Sec. 1512 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-

Sec. 1512. Mexican Water Treaty

-STATUTE-

The Congress declares that the satisfaction of the requirements

of the Mexican Water Treaty from the Colorado River constitutes a

national obligation which shall be the first obligation of any

water augmentation project planned pursuant to section 1511 of this

title and authorized by the Congress. Accordingly, the States of

the Upper Division (Colorado, New Mexico, Utah, and Wyoming) and

the States of the Lower Division (Arizona, California, and Nevada)

shall be relieved from all obligations which may have been imposed

upon them by article III(c) of the Colorado River Compact so long

as the Secretary shall determine and proclaim that means are

available and in operation which augment the water supply of the

Colorado River system in such quantity as to satisfy the

requirements of the Mexican Water Treaty together with any losses

of water associated with the performance of that treaty: Provided,

That the satisfaction of the requirements of the Mexican Water

Treaty (Treaty Series 994, 59 Stat. 1219), shall be from the waters

of the Colorado River pursuant to the treaties, laws, and compacts

presently relating thereto, until such time as a feasibility plan

showing the most economical means of augmenting the water supply

available in the Colorado River below Lee Ferry by two and one-half

million acre-feet shall be authorized by the Congress and is in

operation as provided in this chapter.

-SOURCE-

(Pub. L. 90-537, title II, Sec. 202, Sept. 30, 1968, 82 Stat. 887.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as

amended, known as the Colorado River Basin Project Act, which

enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,

and 620d-1 of this title, amended sections 616hh, 620, and 620a of

this title, and enacted provisions set out as notes under sections

620, 620k, and 1501 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1552, 1571 of this title.

-End-

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43 USC Sec. 1513 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-

Sec. 1513. Importation of water; protection of exporting areas

-STATUTE-

(a) In the event that the Secretary shall, pursuant to section

1511 of this title, plan works to import water into the Colorado

River system from sources outside the natural drainage areas of the

system, he shall make provision for adequate and equitable

protection of the interests of the States and areas of origin,

including assistance from funds specified in this chapter, to the

end that water supplies may be available for use in such States and

areas of origin adequate to satisfy their ultimate requirements at

prices to users not adversely affected by the exportation of water

to the Colorado River system.

(b) All requirements, present or future, for water within any

State lying wholly or in part within the drainage area of any river

basin from which water is exported by works planned pursuant to

this chapter shall have a priority of right in perpetuity to the

use of the waters of that river basin, for all purposes, as against

the uses of the water delivered by means of such exportation works,

unless otherwise provided by interstate agreement.

-SOURCE-

(Pub. L. 90-537, title II, Sec. 203, Sept. 30, 1968, 82 Stat. 887.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

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43 USC Sec. 1514 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER II - INVESTIGATIONS AND PLANNING

-HEAD-

Sec. 1514. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as are required

to carry out the purposes of this subchapter.

-SOURCE-

(Pub. L. 90-537, title II, Sec. 204, Sept. 30, 1968, 82 Stat. 887.)

-End-

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43 USC SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF

EXISTING USES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 390rr, 1543 of this

title.

-End-

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43 USC Sec. 1521 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

Sec. 1521. Central Arizona Project

-STATUTE-

(a) Construction and operation; Hayden-Rhodes Aqueduct and pumping

plants; Orme Dam and Reservoir; Buttes Dam and Reservoir; Hooker

Dam and Reservoir; Charleston Dam and Reservoir; Tucson aqueducts

and pumping plants; Fannin-McFarland Aqueduct; related and

appurtenant works

For the purposes of furnishing irrigation water and municipal

water supplies to the water-deficient areas of Arizona and western

New Mexico through direct diversion or exchange of water, control

of floods, conservation and development of fish and wildlife

resources, enhancement of recreation opportunities, and for other

purposes, the Secretary shall construct, operate, and maintain the

Central Arizona Project, consisting of the following principal

works: (1) a system of main conduits and canals, including a main

canal and pumping plants (Hayden-Rhodes Aqueduct and pumping

plants), for diverting and carrying water from Lake Havasu to Orme

Dam or suitable alternative, which system may have a capacity of

3,000 cubic feet per second or whatever lesser capacity is found to

be feasible: Provided, That any capacity in the Hayden-Rhodes

Aqueduct in excess of 2,500 cubic feet per second shall be utilized

for the conveyance of Colorado River water only when Lake Powell is

full or releases of water are made from Lake Powell to prevent the

reservoir from exceeding elevation 3,700 feet above mean sea level

or when releases are made pursuant to the proviso in section

1552(a)(3) of this title: Provided further, That the costs of

providing any capacity in excess of 2,500 cubic feet per second

shall be repaid by those funds available to Arizona pursuant to the

provision of section 1543(f) of this title, or by funds from

sources other than the development fund; (2) Orme Dam and Reservoir

and power pumping plant or suitable alternative; (3) Buttes Dam and

Reservoir, which shall be so operated as not to prejudice the

rights of any user in and to the waters of the Gila River as those

rights are set forth in the decree entered by the United States

District Court for the District of Arizona on June 29, 1935, in

United States against Gila Valley Irrigation District and others

(Globe Equity Numbered 59); (4) Hooker Dam and Reservoir or

suitable alternative, which shall be constructed in such a manner

as to give effect to the provisions of subsection (f) of section

1524 of this title; (5) Charleston Dam and Reservoir; (6) Tucson

aqueducts and pumping plants; (7) Fannin-McFarland Aqueduct; (8)

related canals, regulating facilities, hydroelectric powerplants,

and electric transmission facilities required for the operation of

said principal works; (9) related water distribution and drainage

works; and (10) appurtenant works.

(b) Limitation on water diversions in years of insufficient main

stream Colorado River water

Article II(B)(3) of the decree of the Supreme Court of the United

States in Arizona against California (376 U.S. 340) shall be so

administered that in any year in which, as determined by the

Secretary, there is insufficient main stream Colorado River water

available for release to satisfy annual consumptive use of seven

million five hundred thousand acre-feet in Arizona, California, and

Nevada, diversions from the main stream for the Central Arizona

Project shall be so limited as to assure the availability of water

in quantities sufficient to provide for the aggregate annual

consumptive use by holders of present perfected rights, by other

users in the State of California served under existing contracts

with the United States by diversion works heretofore constructed,

and by other existing Federal reservations in that State, of four

million four hundred thousand acre-feet of mainstream water, and by

users of the same character in Arizona and Nevada. Water users in

the State of Nevada shall not be required to bear shortages in any

proportion greater than would have been imposed in the absence of

this subsection. This subsection shall not affect the relative

priorities, among themselves, of water users in Arizona, Nevada,

and California which are senior to diversions for the Central

Arizona Project, or amend any provisions of said decree.

(c) Augmentation of water supply of Colorado River system

The limitation stated in subsection (b) of this section shall not

apply so long as the Secretary shall determine and proclaim that

means are available and in operation which augment the water supply

of the Colorado River system in such quantity as to make sufficient

mainstream water available for release to satisfy annual

consumptive use of seven million five hundred thousand acre-feet in

Arizona, California, and Nevada.

-SOURCE-

(Pub. L. 90-537, title III, Sec. 301, Sept. 30, 1968, 82 Stat. 887;

Pub. L. 100-345, Sec. 2(b), June 24, 1988, 102 Stat. 643; Pub. L.

102-575, title XIII, Sec. 1302, Oct. 30, 1992, 106 Stat. 4662.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(7). Pub. L. 102-575 substituted

"Fannin-McFarland Aqueduct" for "Salt-Gila aqueducts".

1988 - Subsec. (a)(1). Pub. L. 100-345 substituted "Hayden-Rhodes

Aqueduct" for "Granite Reef aqueduct" in two places.

DESIGNATION OF SALT-GILA AQUEDUCT AS FANNIN-MCFARLAND AQUEDUCT

Sections 1301 and 1302 of Pub. L. 102-575 provided that:

"SEC. 1301. DESIGNATION.

"The Salt-Gila Aqueduct of the Central Arizona Project,

constructed, operated, and maintained under section 301(a)(7) of

the Colorado River Basin Project Act (43 U.S.C. 1521(a)(7)),

hereafter shall be known and designated as the 'Fannin-McFarland

Aqueduct'.

"SEC. 1302. REFERENCES.

"Any reference in any law, regulation, document, record, map, or

other paper of the United States to the aqueduct referred to in

section 1301 hereby is deemed to be a reference to the

'Fannin-McFarland Aqueduct'."

DESIGNATION OF GRANITE REEF AQUEDUCT AS HAYDEN-RHODES AQUEDUCT

Section 2 of Pub. L. 100-345 provided that:

"(a) The Granite Reef Aqueduct of the Central Arizona project,

constructed, operated, and maintained under section 301(a)(1) of

the Colorado River Basin [Project] Act (43 U.S.C. 1521(a)(1)),

hereafter shall be known and designated as the 'Hayden-Rhodes

Aqueduct'.

"(b) Any reference in any law, regulation, document, record, map,

or other paper of the United States to the aqueduct referred to in

subsection (a) hereby is deemed to be a reference to the

'Hayden-Rhodes Aqueduct'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

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43 USC Sec. 1522 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

Sec. 1522. Orme Dam and Reservoir

-STATUTE-

(a) Acquisition of lands of Salt River Pima-Maricopa Indian

Community and Fort McDowell-Apache Indian Community; relocation;

eminent domain

The Secretary shall designate the lands of the Salt River

Pima-Maricopa Indian Community, Arizona, and the Fort

McDowell-Apache Indian Community, Arizona, or interests therein,

and any allotted lands or interests therein within said communities

which he determines are necessary for use and occupancy by the

United States for the construction, operation, and maintenance of

Orme Dam and Reservoir, or alternative. The Secretary shall offer

to pay the fair market value of the lands and interests designated,

inclusive of improvements. In addition, the Secretary shall offer

to pay toward the cost of relocating or replacing such improvements

not to exceed $500,000 in the aggregate, and the amount offered for

the actual relocation or replacement of a residence shall not

exceed the difference between the fair market value of the

residence and $8,000. Each community and each affected allottee

shall have six months in which to accept or reject the Secretary's

offer. If the Secretary's offer is rejected, the United States may

proceed to acquire the property interests involved through eminent

domain proceedings in the United States District Court for the

District of Arizona under sections 3113 and 3114(a) to (d) of title

40. Upon acceptance in writing of the Secretary's offer, or upon

the filing of a declaration of taking in eminent domain

proceedings, title to the lands or interests involved, and the

right to possession thereof, shall vest in the United States. Upon

a determination by the Secretary that all or any part of such lands

or interests are no longer necessary for the purpose for which

acquired, title to such lands or interests shall be restored to the

appropriate community upon repayment to the Federal Government of

the amounts paid by it for such lands.

(b) Rights of former owners to use or lease land

Title to any land or easement acquired pursuant to this section

shall be subject to the right of the former owner to use or lease

the land for purposes not inconsistent with the construction,

operation, and maintenance of the project, as determined by, and

under terms and conditions prescribed by, the Secretary. Such right

shall include the right to extract and dispose of minerals. The

determination of fair market value under subsection (a) of this

section shall reflect the right to extract and dispose of minerals

and all other uses permitted by this section.

(c) Addition of land to Fort McDowell Indian Reservation

In view of the fact that a substantial portion of the lands of

the Fort McDowell Mohave-Apache Indian Community will be required

for Orme Dam and Reservoir, or alternative, the Secretary shall, in

addition to the compensation provided for in subsection (a) of this

section, designate and add to the Fort McDowell Indian Reservation

twenty-five hundred acres of suitable lands in the vicinity of the

reservation that are under the jurisdiction of the Department of

the Interior in township 4 north, range 7 east; township 5 north,

range 7 east; and township 3 north, range 7 east, Gila and Salt

River base meridian, Arizona. Title to lands so added to the

reservation shall be held by the United States in trust for the

Fort McDowell Mohave-Apache Indian Community.

(d) Recreational facilities developed and operated by Indian

communities along Orme Reservoir shoreline

Each community shall have a right, in accordance with plans

approved by the Secretary, to develop and operate recreational

facilities along the part of the shoreline of the Orme Reservoir

located on or adjacent to its reservation, including land added to

the Fort McDowell Reservation as provided in subsection (b) of this

section, subject to rules and regulations prescribed by the

Secretary governing the recreation development of the reservoir.

Recreation development of the entire reservoir and federally owned

lands under the jurisdiction of the Secretary adjacent thereto

shall be in accordance with a master recreation plan approved by

the Secretary. The members of each community shall have

nonexclusive personal rights to hunt and fish on or in the

reservoir without charge to the same extent they are now authorized

to hunt and fish, but no community shall have the right to exclude

others from the reservoir except by control of access through its

reservation or any right to require payment by members of the

public except for the use of community lands or facilities.

(e) Exemption of funds from State and Federal income taxes

All funds paid pursuant to this section, and any per capita

distribution thereof, shall be exempt from all forms of State and

Federal income taxes.

-SOURCE-

(Pub. L. 90-537, title III, Sec. 302, Sept. 30, 1968, 82 Stat.

888.)

-COD-

CODIFICATION

In subsec. (a), "sections 3113 and 3114(a) to (d) of title 40"

substituted for "40 U.S.C., sections 257 and 258a" on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-MISC1-

INAPPLICABILITY OF SUBSECTION (A) TO FORT MCDOWELL INDIAN COMMUNITY

Pub. L. 101-628, title IV, Sec. 411(e), Nov. 28, 1990, 104 Stat.

4491, provided that: "As of the date the authorizations contained

in section 409(b) of this Act become effective [see section 412 of

Pub. L. 101-628, 104 Stat. 4491], section 302(a) of the Colorado

River Basin Project Act (43 U.S.C. 1522(a)) shall no longer apply

to the Community [Fort McDowell Indian Community]."

INAPPLICABILITY TO SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY

Pub. L. 100-512, Sec. 11(c), Oct. 20, 1988, 102 Stat. 2558,

provided that: "Upon the effective date of this Act as set forth in

section 12 [102 Stat. 2559], section 302 of the Colorado River

Basin Project Act (43 U.S.C. 1522) shall no longer apply to the

Community [Salt River Pima-Maricopa Indian Community]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1527 of this title.

-End-

-CITE-

43 USC Sec. 1523 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

Sec. 1523. Power requirements of Central Arizona Project and

augmentation of Lower Colorado River Basin Development Fund

-STATUTE-

(a) Engineering and economic studies

The Secretary is authorized and directed to continue to a

conclusion appropriate engineering and economic studies and to

recommend the most feasible plan for the construction and operation

of hydroelectric generating and transmission facilities, the

purchase of electrical energy, the purchase of entitlement to

electrical plant capacity, or any combination thereof, including

participation, operation, or construction by non-Federal entities,

for the purpose of supplying the power requirements of the Central

Arizona Project and augmenting the Lower Colorado River Basin

Development Fund: Provided, That nothing in this section or in this

chapter contained shall be construed to authorize the study or

construction of any dams on the main stream of the Colorado River

between Hoover Dam and Glen Canyon Dam.

(b) Construction of thermal generating powerplants; agreements for

acquisition by United States of portions of plant capacity

If included as a part of the recommended plan, the Secretary may

enter into agreements with non-Federal interests proposing to

construct thermal generating powerplants whereby the United States

shall acquire the right to such portions of their capacity,

including delivery of power and energy over appurtenant

transmission facilities to mutually agreed upon delivery points, as

he determines is required in connection with the operation of the

Central Arizona Project. When not required for the Central Arizona

Project, the power and energy acquired by such agreements may be

disposed of intermittently by the Secretary for other purposes at

such prices as he may determine, including its marketing in

conjunction with the sale of power and energy from Federal

powerplants in the Colorado River system so as to produce the

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

firm power and energy rates. The agreements shall provide among

other things, that -

(1) the United States shall pay not more than that portion of

the total construction cost, exclusive of interest during

construction, of the powerplants, and of any switchyards and

transmission facilities serving the United States, as is

represented by the ratios of the respective capacities to be

provided for the United States therein to the total capacities of

such facilities. The Secretary shall make the Federal portion of

such costs available to the non-Federal interests during the

construction period, including the period of preparation of

designs and specifications, in such installments as will

facilitate a timely construction schedule, but no funds other

than for preconstruction activities shall be made available by

the Secretary until he determines that adequate contractual

arrangements have been entered into between all the affected

parties covering land, water, fuel supplies, power (its

availability and use), rights-of-way, transmission facilities and

all other necessary matters for the thermal generating

powerplants;

(2) annual operation and maintenance costs shall be apportioned

between the United States and the non-Federal interests on an

equitable basis taking into account the ratios determined in

accordance with the foregoing clause (1): Provided, however, That

the United States shall share on the foregoing basis in the

depreciation component of such costs only to the extent of

provision for depreciation on replacements financed by the

non-Federal interests;

(3) the United States shall be given appropriate credit for any

interests in Federal lands administered by the Department of the

Interior that are made available for the power plants and

appurtenances;

(4) costs to be borne by the United States under clauses (1)

and (2) shall not include (a) interest and interest during

construction, (b) financing charges, (c) franchise fees, and (d)

such other costs as shall be specified in the agreement.

(c) Recommended plan; submission to Congress

No later than one year from September 30, 1968, the Secretary

shall submit his recommended plan to the Congress. Except as

authorized by subsection (b) of this section, such plan shall not

become effective until approved by the Congress.

(d) Apportionment of water for Arizona plants diverted above Lee

Ferry

If any thermal generating plant referred to in subsection (b) of

this section is located in Arizona, and if it is served by water

diverted from the drainage area of the Colorado River system above

Lee Ferry, other provisions of existing law to the contrary

notwithstanding, such consumptive use of water shall be a part of

the fifty thousand acre-feet per annum apportioned to the State of

Arizona by article III(a) of the Upper Colorado River Basin Compact

(63 Stat. 31).

-SOURCE-

(Pub. L. 90-537, title III, Sec. 303, Sept. 30, 1968, 82 Stat.

889.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885,

as amended, known as the Colorado River Basin Project Act, which

enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,

and 620d-1 of this title, amended sections 616hh, 620, and 620a of

this title, and enacted provisions set out as notes under sections

620, 620k, and 1501 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.

-End-

-CITE-

43 USC Sec. 1524 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

Sec. 1524. Water furnished from Central Arizona Project

-STATUTE-

(a) Restriction on use of water for irrigation

Unless and until otherwise provided by Congress, water from the

Central Arizona Project shall not be made available directly or

indirectly for the irrigation of lands not having a recent

irrigation history as determined by the Secretary, except in the

case of Indian lands, national wildlife refuges, and, with the

approval of the Secretary, State-administered wildlife management

areas.

(b) Contracts with municipal and industrial users

(1) Irrigation and municipal and industrial water supply under

the Central Arizona Project within the State of Arizona may, in the

event the Secretary determines that it is necessary to effect

repayment, be pursuant to master contracts with organizations which

have power to levy assessments against all taxable real property

within their boundaries. The terms and conditions of contracts or

other arrangements whereby each such organization makes water from

the Central Arizona Project available to users within its

boundaries shall be subject to the Secretary's approval, and the

United States shall, if the Secretary determines such action is

desirable to facilitate carrying out the provisions of this

chapter, have the right to require that it be a party to such

contracts or that contracts subsidiary to the master contracts be

entered into between the United States and any user. The provisions

of this clause (1) shall not apply to the supplying of water to an

Indian tribe for use within the boundaries of an Indian

reservation.

(2) Any obligation assumed pursuant to section 485h(d) of this

title with respect to any project contract unit or irrigation block

shall be repaid over a basic period of not more than fifty years;

any water service provided pursuant to section 485h(e) of this

title may be on the basis of delivery of water for a period of

fifty years and for the delivery of such water at an identical

price per acre-foot for water of the same class at the several

points of delivery from the main canals and conduits and from such

other points of delivery as the Secretary may designate; and

long-term contracts relating to irrigation water supply shall

provide that water made available thereunder may be made available

by the Secretary for municipal or industrial purposes if and to the

extent that such water is not required by the contractor for

irrigation purposes.

(3) Contracts relating to municipal and industrial water supply

under the Central Arizona Project may be made without regard to the

limitations of the last sentence of section 485h(c) of this title;

may provide for the delivery of such water at an identical price

per acre-foot for water of the same class at the several points of

delivery from the main canals and conduits; and may provide for

repayment over a period of fifty years if made pursuant to clause

(1) of said section and for the delivery of water over a period of

fifty years if made pursuant to clause (2) thereof.

(c) Water conservation

Each contract under which water is provided under the Central

Arizona Project shall require that (1) there be in effect measures,

adequate in the judgment of the Secretary, to control expansion of

irrigation from aquifers affected by the irrigation in the contract

service area; (2) the canals and distribution systems through which

water is conveyed after its delivery by the United States to the

contractors shall be provided and maintained with linings adequate

in his judgment to prevent excessive conveyance losses; and (3)

[Repealed. Pub. L. 102-575, title XXXVII, Sec. 3710(k), Oct. 30,

1992, 106 Stat. 4751]. Such contracts shall be subordinate at all

times to the satisfaction of all existing contracts between the

Secretary and users in Arizona heretofore made pursuant to the

Boulder Canyon Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.].

(d) Water exchanges

The Secretary may require in any contract under which water is

provided from the Central Arizona Project that the contractor agree

to accept main stream water in exchange for or in replacement of

existing supplies from sources other than the main stream. The

Secretary shall so require in the case of users in Arizona who also

use water from the Gila River system to the extent necessary to

make available to users of water from the Gila River system in New

Mexico additional quantities of water as provided in and under the

conditions specified in subsection (f) of this section: Provided,

That such exchanges and replacements shall be accomplished without

economic injury or cost to such Arizona contractors.

(e) Water shortage priorities

In times of shortage or reduction of main stream Colorado River

water for the Central Arizona Project, as determined by the

Secretary, users which have yielded water from other sources in

exchange for main stream water supplied by that project shall have

a first priority to receive main stream water, as against other

users supplied by that project which have not so yielded water from

other sources, but only in quantities adequate to replace the water

so yielded.

(f) New Mexico users; water exchange contracts

(1) In the operation of the Central Arizona Project, the

Secretary shall offer to contract with water users in New Mexico

for water from the Gila River, its tributaries and underground

water sources in amounts that will permit consumptive use of water

in New Mexico of not to exceed an annual average in any period of

ten consecutive years of eighteen thousand acre-feet, including

reservoir evaporation, over and above the consumptive uses provided

for by article IV of the decree of the Supreme Court of the United

States in Arizona against California (376 U.S. 340). Such increased

consumptive uses shall not begin until, and shall continue only so

long as, delivery of Colorado River water to downstream Gila River

users in Arizona is being accomplished in accordance with this

chapter, in quantities sufficient to replace any diminution of

their supply resulting from such diversion from the Gila River, its

tributaries and underground water sources. In determining the

amount required for this purpose full consideration shall be given

to any differences in the quality of the waters involved.

(2) The Secretary shall further offer to contract with water

users in New Mexico for water from the Gila River, its tributaries,

and underground water sources in amounts that will permit

consumptive uses of water in New Mexico of not to exceed an annual

average in any period of ten consecutive years of an additional

thirty thousand acre-feet, including reservoir evaporation. Such

further increases in consumptive use shall not begin until, and

shall continue only so long as, works capable of augmenting the

water supply of the Colorado River system have been completed and

water sufficiently in excess of two million eight hundred thousand

acre-feet per annum is available from the main stream of the

Colorado River for consumptive use in Arizona to provide water for

the exchanges herein authorized and provided. In determining the

amount required for this purpose full consideration shall be given

to any differences in the quality of the waters involved.

(3) All additional consumptive uses provided for in clauses (1)

and (2) of this subsection shall be subject to all rights in New

Mexico and Arizona as established by the decree entered by the

United States District Court for the District of Arizona on June

29, 1935, in United States against Gila Valley Irrigation District

and others (Globe Equity Numbered 59) and to all other rights

existing on September 30, 1968, in New Mexico and Arizona to water

from the Gila River, its tributaries, and underground water

sources, and shall be junior thereto and shall be made only to the

extent possible without economic injury or cost to the holders of

such rights.

-SOURCE-

(Pub. L. 90-537, title III, Sec. 304, Sept. 30, 1968, 82 Stat. 891;

Pub. L. 102-575, title XXXVII, Sec. 3710(k), Oct. 30, 1992, 106

Stat. 4751.)

-REFTEXT-

REFERENCES IN TEXT

The Boulder Canyon Project Act, referred to in subsec. (c), 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.

-COD-

CODIFICATION

Subsec. (g) of this section, which restricted the use of water

from the projects authorized by this chapter for the production of

basic agricultural commodities on newly irrigated lands for a

period of ten years from Sept. 30, 1968, was omitted.

-MISC1-

AMENDMENTS

1992 - Subsec. (c)(3). Pub. L. 102-575 repealed cl. (3) which

read as follows: "neither the contractor nor the Secretary shall

pump or permit others to pump ground water from within the exterior

boundaries of the service area of a contractor receiving water from

the Central Arizona Project for any use outside said contractor's

service area unless the Secretary and such contractor shall agree,

or shall have previously agreed, that a surplus of ground water

exists and that drainage is or was required."

TRANSPORTATION OF WATER PUMPED WITHIN BOUNDARY

Section 3710(k) of Pub. L. 102-575 provided in part that: "This

subsection [amending this section] does not authorize

transportation of water pumped within the exterior boundary of a

Federal reclamation project established prior to September 30,

1968, pursuant to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C.

391) [see Short Title note set out under section 371 of this

title], as amended and supplemented, across project boundaries."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1521, 1543 of this title;

title 16 section 460ddd.

-End-

-CITE-

43 USC Sec. 1525 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

Sec. 1525. Cost of main stream water of Colorado River

-STATUTE-

To the extent that the flow of the main stream of the Colorado

River is augmented in order to make sufficient water available for

release, as determined by the Secretary pursuant to article

II(b)(1) of the decree of the Supreme Court of the United States in

Arizona against California (376 U.S. 340), to satisfy annual

consumptive use of two million eight hundred thousand acre-feet in

Arizona, four million four hundred thousand acre-feet in

California, and three hundred thousand acre-feet in Nevada,

respectively, the Secretary shall make such water available to

users of main stream water in those States at the same costs (to

the extent that such costs can be made comparable through the

nonreimbursable allocation to the replenishment of the deficiencies

occasioned by satisfaction of the Mexican Treaty burden as herein

provided and financial assistance from the development fund

established by section 1543 of this title) and on the same terms as

would be applicable if main stream water were available for release

in the quantities required to supply such consumptive use.

-SOURCE-

(Pub. L. 90-537, title III, Sec. 305, Sept. 30, 1968, 82 Stat.

893.)

-End-

-CITE-

43 USC Sec. 1526 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

Sec. 1526. Water salvage programs

-STATUTE-

The Secretary shall undertake programs for water salvage and

ground water recovery along and adjacent to the main stream of the

Colorado River. Such programs shall be consistent with maintenance

of a reasonable degree of undistributed habitat for fish and

wildlife in the area, as determined by the Secretary.

-SOURCE-

(Pub. L. 90-537, title III, Sec. 306, Sept. 30, 1968, 82 Stat.

893.)

-End-

-CITE-

43 USC Sec. 1527 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

Sec. 1527. Fish and wildlife conservation and development

-STATUTE-

The conservation and development of the fish and wildlife

resources and the enhancement of recreation opportunities in

connection with the project works authorized pursuant to this

subchapter shall be in accordance with the provisions of the

Federal Water Project Recreation Act (79 Stat. 213) [16 U.S.C.

460l-12 et seq.], except as provided in section 1522 of this title.

-SOURCE-

(Pub. L. 90-537, title III, Sec. 308, Sept. 30, 1968, 82 Stat.

893.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Project Recreation Act, referred to in text, is

Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as amended, which is

classified principally to part C (Sec. 460l-12 et seq.) of

subchapter LXIX of chapter 1 of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 460l-12 of Title 16 and Tables.

-End-

-CITE-

43 USC Sec. 1528 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER III - AUTHORIZED UNITS; PROTECTION OF EXISTING USES

-HEAD-

Sec. 1528. Authorization of appropriations

-STATUTE-

(a) There is hereby authorized to be appropriated for

construction of the Central Arizona Project, including prepayment

for power generation and transmission facilities but exclusive of

distribution and drainage facilities for non-Indian lands,

$832,180,000 plus or minus such amounts, if any, as may be

justified by reason of ordinary fluctuations in construction costs

as indicated by engineering cost indices applicable to the types of

construction involved therein and, in addition thereto, such sums

as may be required for operation and maintenance of the project.

(b) There is also authorized to be appropriated $100,000,000 for

construction of distribution and drainage facilities for non-Indian

lands plus or minus such amounts, if any, as may be justified by

reason of ordinary fluctuations in construction costs as indicated

by engineering and cost indices applicable to the types of

construction involved therein from September 30, 1968: Provided,

That the Secretary shall enter into agreements with non-Federal

interests to provide not less than 20 per centum of the total cost

of such facilities during the construction of such facilities.

Notwithstanding the provisions of section 1543 of this title,

neither appropriations made pursuant to the authorization contained

in this subsection nor revenues collected in connection with the

operation of such facilities shall be credited to the Lower

Colorado River Basin Development Fund and payments shall not be

made from that fund to the general fund of the Treasury to return

any part of the costs of construction, operation, and maintenance

of such facilities.

-SOURCE-

(Pub. L. 90-537, title III, Sec. 309, Sept. 30, 1968, 82 Stat. 893;

Pub. L. 97-373, Dec. 20, 1982, 96 Stat. 1817.)

-MISC1-

AMENDMENTS

1983 - Subsec. (b). Pub. L. 97-373 substituted "There is also

authorized to be appropriated $100,000,000 for construction of

distribution and drainage facilities for non-Indian lands plus or

minus such amounts, if any, as may be justified by reason of

ordinary fluctuations in construction costs as indicated by

engineering and cost indices applicable to the types of

construction involved therein from September 30, 1968: Provided,

That the Secretary shall enter into agreements with non-Federal

interests to provide not less than 20 per centum of the total cost

of such facilities during the construction of such facilities" for

"There is also authorized to be appropriated $100,000,000 for

construction of distribution and drainage facilities for non-Indian

lands".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

43 USC SUBCHAPTER IV - LOWER COLORADO RIVER BASIN

DEVELOPMENT FUND 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-

SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 618a of this title.

-End-

-CITE-

43 USC Sec. 1541 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-

Sec. 1541. Allocation of costs; repayment

-STATUTE-

Upon completion of each lower basin unit of the project herein or

hereafter authorized, or separate feature thereof, the Secretary

shall allocate the total costs of constructing said unit or

features to (1) commercial power, (2) irrigation, (3) municipal and

industrial water supply, (4) flood control, (5) navigation, (6)

water quality control, (7) recreation, (8) fish and wildlife, (9)

the replenishment of the depletion of Colorado River flows

available for use in the United States occasioned by performance of

the Water Treaty of 1944 with the United Mexican States (Treaty

Series 994; 59 Stat. 1219), and (10) any other purposes authorized

under the Federal reclamation laws. Costs of construction,

operation, and maintenance allocated to the replenishment of the

depletion of Colorado River flows available for use in the United

States occasioned by compliance with the Mexican Water Treaty

(including losses in transit, evaporation from regulatory

reservoirs, and regulatory losses at the Mexican boundary, incurred

in the transportation, storage, and delivery of water in discharge

of the obligations of that treaty) shall be nonreimbursable:

Provided, That the nonreimbursable allocation shall be made on a

pro rata basis to be determined by the ratio between the amount of

water required to comply with the Mexican Water Treaty and the

total amount of water by which the Colorado River is augmented

pursuant to the investigations authorized subchapter II of this

chapter and any future Congressional authorization. The repayment

of costs allocated to recreation and fish and wildlife enhancement

shall be in accordance with the provisions of the Federal Water

Project Recreation Act (79 Stat. 213) [16 U.S.C. 460l-12 et seq.]:

Provided, That all of the separable and joint costs allocated to

recreation and fish and wildlife enhancement as a part of the Dixie

project, Utah, shall be nonreimbursable. Costs allocated to

nonreimbursable purposes shall be nonreturnable under the

provisions of this chapter.

-SOURCE-

(Pub. L. 90-537, title IV, Sec. 401, Sept. 30, 1968, 82 Stat. 894.)

-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.

The Federal Water Project Recreation Act, referred to in text, is

Pub. L. 89-72, July 9, 1965, 79 Stat. 213, as amended, which is

classified principally to part C (Sec. 460l-12 et seq.) of

subchapter LXIX of chapter 1 of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 460l-12 of Title 16 and Tables.

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as

amended, known as the Colorado River Basin Project Act, which

enacted this chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1,

and 620d-1 of this title, amended sections 616hh, 620, and 620a of

this title, and enacted provisions set out as notes under sections

620, 620k, and 1501 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.

-End-

-CITE-

43 USC Sec. 1542 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-

Sec. 1542. Repayment capability of Indian lands

-STATUTE-

The Secretary shall determine the repayment capability of Indian

lands within, under, or served by any unit of the project.

Construction costs allocated to irrigation of Indian lands

(including provision of water for incidental domestic and stock

water uses) and within the repayment capability of such lands shall

be subject to section 386a of title 25, and such costs that are

beyond repayment capability of such lands shall be nonreimbursable.

-SOURCE-

(Pub. L. 90-537, title IV, Sec. 402, Sept. 30, 1968, 82 Stat. 894.)

-End-

-CITE-

43 USC Sec. 1543 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-

Sec. 1543. Lower Colorado River Basin Development Fund

-STATUTE-

(a) Establishment

There is hereby established a separate fund in the Treasury of

the United States to be known as the Lower Colorado River Basin

Development Fund (hereafter called the "development fund"), which

shall remain available until expended as hereafter provided.

(b) Appropriations

(1) All appropriations made for the purpose of carrying out the

provisions of subchapter III of this chapter shall be credited to

the development fund as advances from the general fund of the

Treasury, and shall be available for such purpose.

(2) Except as provided in section 1528(b) of this title, sums

advanced by non-Federal entities for the purpose of carrying out

the provisions of subchapter III of this chapter shall be credited

to the development fund and shall be available without further

appropriation for such purpose.

(c) Revenues credited to fund

There shall also be credited to the development fund -

(1) all revenues collected in connection with the operation of

facilities authorized in subchapter III of this chapter in

furtherance of the purposes of this chapter (except entrance,

admission, and other recreation fees or charges and proceeds

received from recreation concessionaires), until completion of

repayment requirements of the Central Arizona project;

(2) any Federal revenues from the Boulder Canyon and

Parker-Davis projects which, after completion of repayment

requirements of the said Boulder Canyon and Parker-Davis

projects, are surplus, as determined by the Secretary, to the

operation, maintenance, and replacement requirements of those

projects: Provided, however, That for the Boulder Canyon project

commencing June 1, 1987, and for the Parker-Davis project

commencing June 1, 2005, and until the end of the repayment

period for the Central Arizona project described in section

1521(a) of this title, the Secretary of Energy shall provide for

surplus revenues by including the equivalent of 4 1/2 mills per

kilowatthour in the rates charged to purchasers in Arizona for

application to the purposes specified in subsection (f) of this

section and by including the equivalent 2 1/2 mills per

kilowatthour in the rates charged to purchasers in California and

Nevada for application to the purposes of subsection (g) of this

section as amended and supplemented: Provided further, That after

the repayment period for said Central Arizona project, the

equivalent of 2 1/2 mills per kilowatthour shall be included by

the Secretary of Energy in the rates charged to purchasers in

Arizona, California, and Nevada to provide revenues for

application to the purposes of said subsection (g) of this

section: Provided, however, That the Secretary is authorized and

directed to continue the in-lieu-of-tax payments to the States of

Arizona and Nevada provided for in section 618a(c) of this title

so long as revenues accrue from the operation of the Boulder

Canyon project; and

(3) any Federal revenues from that portion of the Pacific

Northwest-Pacific Southwest intertie located in the States of

Nevada and Arizona which, after completion of repayment

requirements of the said part of the Pacific Northwest-Pacific

Southwest intertie located in the States of Nevada and Arizona,

are surplus, as determined by the Secretary, to the operation,

maintenance, and replacement requirements of said portion of the

Pacific Northwest-Pacific Southwest intertie and related

facilities.

(d) Use of revenue funds

All moneys collected and credited to the development fund

pursuant to subsection (b) and clauses (1) and (3) of subsection

(c) of this section and the portion of revenues derived from the

sale of power and energy for use in Arizona pursuant to clause (2)

of subsection (c) of this section 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 projects, within such separate limitations as may be

included in annual appropriation Acts; and

(2) payments to reimburse water users in the State of Arizona

for losses sustained as a result of diminution of the production

of hydroelectric power at Coolidge Dam, Arizona, resulting from

exchanges of water between users in the States of Arizona and New

Mexico as set forth in section 1524(f) of this title.

(e) Appropriation by Congress required for construction of works

Revenues credited to the development fund shall not be available

for construction of the works comprised within any unit of the

project herein or hereafter authorized except upon appropriation by

the Congress.

(f) Return of costs and interest

Moneys credited to the development fund pursuant to subsection

(b) and clauses (1) and (3) of subsection (c) of this section and

the portion of revenues derived from the sale of power and energy

for use in Arizona pursuant to clause (2) of subsection (c) of this

section in excess of the amount necessary to meet the requirements

of clauses (1) and (2) of subsection (d) of this section shall be

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

(1) the costs of each unit of the projects or separable feature

thereof authorized pursuant to subchapter III of this chapter

which are allocated to irrigation, commercial power, or municipal

and industrial water supply, pursuant to this chapter within a

period not exceeding fifty years from the date of completion of

each such unit or separable feature, exclusive of any development

period authorized by law: Provided, That return of the cost, if

any, required by section 616aa-1 of this title shall not be made

until after the payout period of the Central Arizona Project as

authorized herein; and

(2) interest (including interest during construction) on the

unamortized balance of the investment in the commercial power and

municipal and industrial water supply features of the project at

a rate determined by the Secretary of the Treasury in accordance

with the provisions of subsection (h) of this section, and

interest due shall be a first charge.

(g) Repayment of costs

All revenues credited to the development fund in accordance with

clause (c)(2) of this section (excluding only those revenues

derived from the sale of power and energy for use in Arizona during

the payout period of the Central Arizona Project as authorized

herein) and such other revenues as remain in the development fund

after making the payments required by subsections (d) and (f) of

this section shall be available (1) to make payments, if any, as

required by sections 616aa-1 and 620d-1 of this title, (2) for

repayment to the general fund of the Treasury the costs of each

salinity control unit or separable feature thereof (!1) the costs

of measures to replace incidental fish and wildlife values

foregone, and the costs of on-farm measures payable from the Lower

Colorado River Basin Development Fund in accordance with sections

1595(a)(2), 1595(a)(3), and 1595(b) of this title and (3) upon

appropriation by the Congress, to assist in the repayment of

reimbursable costs incurred in connection with units hereafter

constructed to provide for the augmentation of the water supplies

of the Colorado River for use below Lee Ferry as may be authorized

as a result of the investigations and recommendations made pursuant

to sections 1511 and 1513(a) of this title.

(h) Interest rate

The interest rate applicable to those portions of the

reimbursable costs of each unit of the project which are properly

allocated to commercial power development and municipal and

industrial water supply shall be determined by the Secretary of the

Treasury, as of the beginning of the fiscal year in which the first

advance is made for initiating construction of such unit, 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.

(i) Annual budgets; submission to Congress

Business-type budgets shall be submitted to the Congress annually

for all operations financed by the development fund.

-SOURCE-

(Pub. L. 90-537, title IV, Sec. 403, Sept. 30, 1968, 82 Stat. 894;

Pub. L. 93-320, title II, Sec. 205(b)(2), June 24, 1974, 88 Stat.

273; Pub. L. 98-381, title I, Sec. 102, Aug. 17, 1984, 98 Stat.

1333; Pub. L. 98-569, Sec. 4(f)(2), Oct. 30, 1984, 98 Stat. 2939.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-381, Sec. 102(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (c)(1). Pub. L. 98-381, Sec. 102(b), substituted ", until

completion of repayment requirements of the Central Arizona

project." for "including revenues which, after completion of payout

of the Central Arizona Project as required herein are surplus, as

determined by the Secretary, to the operation, maintenance, and

replacement requirements of said project;".

Subsec. (c)(2). Pub. L. 98-381, Sec. 102(c), inserted two

provisos, the first relating to the inclusion of the equivalent of

4 1/2 mills per kilowatthour in the rates charged to purchasers in

Arizona for application to the purposes specified in subsection (f)

of this section and to the inclusion of the equivalent 2 1/2 mills

per kilowatthour in the rates charged to purchasers in California

and Nevada for application to the purposes of subsection (g) of

this section as amended and supplemented, and the second providing

that, after the repayment period for said Central Arizona project,

the equivalent of 2 1/2 mills per kilowatthour shall be included

by the Secretary of Energy in the rates charged to purchasers in

Arizona, California, and Nevada to provide revenues for application

to the purposes of said subsection (g) of this section.

Subsec. (g). Pub. L. 98-569 inserted "the costs of measures to

replace incidental fish and wildlife values foregone, and the costs

of on-farm measures" before "payable from".

1974 - Subsec. (g). Pub. L. 93-320 added cl. (2). Existing cl.

(2), authorizing the use of revenues to assist in the repayment of

reimbursable costs incurred in connection with units constructed

after Sept. 30, 1968, to provide for the augmentation of water

supplies of the Colorado River for use below Lee Ferry,

redesignated (3).

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.

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. (i) of this section is listed

as the 7th 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.

PAYMENT FROM DEVELOPMENT FUND TO GENERAL FUND OF TREASURY

Pub. L. 107-66, title II, Sec. 204, Nov. 12, 2001, 115 Stat. 500,

provided that:

"(a) In general. - Notwithstanding section 403(f) of the Colorado

River Basin Project Act (43 U.S.C. 1543(f)), no amount from the

Lower Colorado River Basin Development Fund shall be paid to the

general fund of the Treasury until each provision of the

Stipulation Regarding a Stay and for Ultimate Judgment Upon the

Satisfaction of Conditions, filed in United States district court

on May 3, 2000, in Central Arizona Water Conservation District v.

United States (No. CIV 95-625-TUC-WDB (EHC), No. CIV

95-1720-OHX-EHC (Consolidated Action)) is met.

"(b) Payment to general fund. - If any of the provisions of the

stipulation referred to in subsection (a) are not met by the date

that is 3 years after the date of enactment of this Act [Nov. 12,

2001], payments to the general fund of the Treasury shall resume in

accordance with section 403(f) of the Colorado River Basin Project

Act (43 U.S.C. 1543(f)).

"(c) Authorization. - Amounts in the Lower Colorado River Basin

Development Fund that but for this section would be returned to the

general fund of the Treasury shall not be expended until further

Act of Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 618, 620d-1, 1521, 1525,

1528, 1595, 1597 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

43 USC Sec. 1544 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER IV - LOWER COLORADO RIVER BASIN DEVELOPMENT FUND

-HEAD-

Sec. 1544. Annual report to Congress

-STATUTE-

On January 1 of each year the Secretary shall report to the

Congress, beginning with the fiscal year ending June 30, 1969, upon

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

operating, and maintaining each lower basin unit of the project for

the preceding fiscal year. The report of the Secretary 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-

(Pub. L. 90-537, title IV, Sec. 404, Sept. 30, 1968, 82 Stat. 896.)

-End-

-CITE-

43 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER V - GENERAL PROVISIONS

-End-

-CITE-

43 USC Sec. 1551 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1551. Construction of Colorado River Basin Act

-STATUTE-

(a) Effect on other laws

Nothing in this chapter shall be construed to alter, amend,

repeal, modify, or be in conflict with the provisions of the

Colorado River Compact (45 Stat. 1057), the Upper Colorado River

Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the

United Mexican States (Treaty Series 994; 59 Stat. 1219), the

decree entered by the Supreme Court of the United States in Arizona

against California and others (376 U.S. 340), or, except as

otherwise provided herein, 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.], or the

Colorado River Storage Project Act (70 Stat. 105) [43 U.S.C. 620 et

seq.].

(b) Reports to Congress

The Secretary is directed to -

(1) make reports as to the annual consumptive uses and losses

of water from the Colorado River system after each successive

five-year period, beginning with the five-year period starting on

October 1, 1970. Such reports shall include a detailed breakdown

of the beneficial consumptive use of water on a State-by-State

basis. Specific figures on quantities consumptively used from the

major tributary streams flowing into the Colorado River shall

also be included on a State-by-State basis. Such reports shall be

prepared in consultation with the States of the lower basin

individually and with the Upper Colorado River Commission, and

shall be transmitted to the President, the Congress, and to the

Governors of each State signatory to the Colorado River Compact;

and

(2) condition all contracts for the delivery of water

originating in the drainage basin of the Colorado River system

upon the availability of water under the Colorado River Compact.

(c) Compliance of Federal officers and agencies

All Federal officers and agencies are directed to comply with the

applicable provisions of this chapter, and of the laws, treaty,

compacts, and decree referred to in subsection (a) of this section,

in the storage and release of water from all reservoirs and in the

operation and maintenance of all facilities in the Colorado River

system under the jurisdiction and supervision of the Secretary, and

in the operation and maintenance of all works which may be

authorized hereafter for the augmentation of the water supply of

the Colorado River system. In the event of failure of any such

officer or agency to so comply, any affected State may maintain an

action to enforce the provisions of this section in the Supreme

Court of the United States and consent is given to the joinder of

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

or otherwise.

-SOURCE-

(Pub. L. 90-537, title VI, Sec. 601, Sept. 30, 1968, 82 Stat. 899.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (c), was in the

original "this Act", meaning Pub. L. 90-537, Sept. 30, 1968, 82

Stat. 885, as amended, known as the Colorado River Basin Project

Act, which enacted this chapter and sections 616aa-1, 620a-1,

620a-2, 620c-1, and 620d-1 of this title, amended sections 616hh,

620, and 620a of this title, and enacted provisions set out as

notes under sections 620, 620k, and 1501 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 Boulder Canyon Project Act, referred to in subsec. (a), 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 subsec.

(a), 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.

The Colorado River Storage Project Act, referred to in subsec.

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

is classified generally to chapter 12B (Sec. 620 et seq.) of this

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

Short Title note set out under section 620 of this title and

Tables.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b)(1) of this section relating to the requirement that the

Secretary transmit a report to Congress every five years, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the 9th item on

page 114 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 228h.

-End-

-CITE-

43 USC Sec. 1552 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1552. Criteria for long-range operation of reservoirs

-STATUTE-

(a) Promulgation by Secretary; order of priorities

In order to comply with and carry out the provisions of the

Colorado River Compact, the Upper Colorado River Basin Compact, and

the Mexican Water Treaty, the Secretary shall propose criteria for

the coordinated long-range operation of the reservoirs constructed

and operated under the authority of the Colorado River Storage

Project Act [43 U.S.C. 620 et seq.], the Boulder Canyon Project Act

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

Act [43 U.S.C. 618 et seq.]. To effect in part the purposes

expressed in this paragraph, the criteria shall make provision for

the storage of water in storage units of the Colorado River storage

project and releases of water form Lake Powell in the following

listed order of priority:

(1) releases to supply one-half the deficiency described in

article III(c) of the Colorado River Compact, if any such

deficiency exists and is chargeable to the States of the Upper

Division, but in any event such releases, if any, shall not be

required in any year that the Secretary makes the determination

and issues the proclamation specified in section 1512 of this

title;

(2) releases to comply with article III(d) of the Colorado

River Compact, less such quantities of water delivered into the

Colorado River below Lee Ferry to the credit of the States of the

Upper Division from other sources; and

(3) storage of water not required for the releases specified in

clauses (1) and (2) of this subsection to the extent that the

Secretary, after consultation with the Upper Colorado River

Commission and representatives of the three Lower Division States

and taking into consideration all relevant factors (including,

but not limited to, historic stream-flows, the most critical

period of record, and probabilities of water supply), shall find

this to be reasonably necessary to assure deliveries under

clauses (1) and (2) without impairment of annual consumptive uses

in the upper basin pursuant to the Colorado River Compact:

Provided, That water not so required to be stored shall be

released from Lake Powell: (i) to the extent it can be reasonably

applied in the States of the Lower Division to the uses specified

in article III(e) of the Colorado River Compact, but no such

releases shall be made when the active storage in Lake Powell is

less than the active storage in Lake Mead, (ii) to maintain, as

nearly as practicable, active storage in Lake Mead equal to the

active storage in Lake Powell, and (iii) to avoid anticipated

spills from Lake Powell.

(b) Submittal of criteria for review and comment; publication;

report to Congress

Not later than January 1, 1970, the criteria proposed in

accordance with the foregoing subsection (a) of this section shall

be submitted to the Governors of the seven Colorado River Basin

States and to such other parties and agencies as the Secretary may

deem appropriate for their review and comment. After receipt of

comments on the proposed criteria, but not later than July 1, 1970,

the Secretary shall adopt appropriate criteria in accordance with

this section and publish the same in the Federal Register.

Beginning January 1, 1972, and yearly thereafter, the Secretary

shall transmit to the Congress and to the Governors of the Colorado

River Basin States a report describing the actual operation under

the adopted criteria for the preceding compact water year and the

projected operation for the current year. As a result of actual

operating experience or unforeseen circumstances, the Secretary may

thereafter modify the criteria to better achieve the purposes

specified in subsection (a) of this section, but only after

correspondence with the Governors of the seven Colorado River Basin

States and appropriate consultation with such State representatives

as each Governor may designate.

(c) Powerplant operations

Section 7 of the Colorado River Storage Project Act [43 U.S.C.

620f] shall be administered in accordance with the foregoing

criteria.

-SOURCE-

(Pub. L. 90-537, title VI, Sec. 602, Sept. 30, 1968, 82 Stat. 900.)

-REFTEXT-

REFERENCES IN TEXT

The Colorado River Storage Project Act, referred to in subsec.

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

is classified generally to chapter 12B (Sec. 620 et seq.) of this

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

Short Title note set out under section 620 of this title and

Tables.

The Boulder Canyon Project Act, referred to in subsec. (a), 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 subsec.

(a), 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-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to the requirement that the Secretary

transmit an annual report to Congress, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and the 3rd item on page 113 of House

Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1521, 1527 of this title;

title 16 section 228h.

-End-

-CITE-

43 USC Sec. 1553 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1553. Upper Colorado River Basin; rights to consumptive uses

not to be reduced or prejudiced; duties and powers of Commission

not impaired

-STATUTE-

(a) Rights of the upper basin to the consumptive use of water

available to that basin from the Colorado River system under the

Colorado River Compact shall not be reduced or prejudiced by any

use of such water in the lower basin.

(b) Nothing in this chapter shall be construed so as to impair,

conflict with, or otherwise change the duties and powers of the

Upper Colorado River Commission.

-SOURCE-

(Pub. L. 90-537, title VI, Sec. 603, Sept. 30, 1968, 82 Stat. 901.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 228h.

-End-

-CITE-

43 USC Sec. 1554 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1554. Federal reclamation laws

-STATUTE-

Except as otherwise provided in this chapter, in constructing,

operating, and maintaining the units of the projects herein and

hereafter authorized, 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) to which laws

this chapter shall be deemed a supplement.

-SOURCE-

(Pub. L. 90-537, title VI, Sec. 604, Sept. 30, 1968, 82 Stat. 901.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 228h.

-End-

-CITE-

43 USC Sec. 1555 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1555. Federal Power Act inapplicable to Colorado River between

Hoover Dam and Glen Canyon Dam

-STATUTE-

Part I of the Federal Power Act [16 U.S.C. 791a et seq.] shall

not be applicable to the reaches of the main stream of the Colorado

River between Hoover Dam and Glen Canyon Dam until and unless

otherwise provided by Congress.

-SOURCE-

(Pub. L. 90-537, title VI, Sec. 605, Sept. 30, 1968, 82 Stat. 901.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, is act June 10, 1920,

ch. 285, 41 Stat. 1063, as amended. Part I of the Federal Power Act

is classified generally to subchapter I (Sec. 791a et seq.) of

chapter 12 of Title 16, Conservation. For complete classification

of this Act to the Code, see section 791a of Title 16 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 228h.

-End-

-CITE-

43 USC Sec. 1556 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32 - COLORADO RIVER BASIN PROJECT

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 1556. Definitions

-STATUTE-

As used in this chapter, (a) all terms which are defined in the

Colorado River Compact shall have the meanings therein defined;

(b) "Main stream" means the main stream of the Colorado River

downstream from Lee Ferry within the United States, including the

reservoirs thereon;

(c) "User" or "water user" in relation to main stream water in

the lower basin means the United States or any person or legal

entity entitled under the decree of the Supreme Court of the United

States in Arizona against California, and others (376 U.S. 340), to

use main stream water when available thereunder;

(d) "Active storage" means that amount of water in reservoir

storage, exclusive of bank storage, which can be released through

the existing reservoir outlet works;

(e) "Colorado River Basin States" means the States of Arizona,

California, Colorado, Nevada, New Mexico, Utah, and Wyoming;

(f) "Western United States" means those States lying wholly or in

part west of the Continental Divide; and

(g) "Augment" or "augmentation", when used herein with reference

to water, means to increase the supply of the Colorado River or its

tributaries by the introduction of water into the Colorado River

system, which is in addition to the natural supply of the system.

-SOURCE-

(Pub. L. 90-537, title VI, Sec. 606, Sept. 30, 1968, 82 Stat. 901.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 228h.

-End-