Legislación
US (United States) Code. Title 43. Chapter 32: Colorado River Basin Project
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43 USC CHAPTER 32 - COLORADO RIVER BASIN PROJECT 01/06/03
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TITLE 43 - PUBLIC LANDS
CHAPTER 32 - COLORADO RIVER BASIN PROJECT
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CHAPTER 32 - COLORADO RIVER BASIN PROJECT
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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.
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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
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SUBCHAPTER I - OBJECTIVES
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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
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Sec. 1501. Congressional declaration of purpose and policy
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(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.
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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'."
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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
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SUBCHAPTER II - INVESTIGATIONS AND PLANNING
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SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 1541 of this title.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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-
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