dreamproit/uscode huggingface dataset:
43 U.S.C. § 1511 (PUBLIC LANDS)
§ 1511. Reconnaissance investigations by Secretary of the Interior; reports; 10-year moratorium on water importation studies
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.
(Pub. L. 90–537, title II, § 201, Sept. 30, 1968, 82 Stat. 886; Pub. L. 95–578, § 10, Nov. 2, 1978, 92 Stat. 2472; Pub. L. 96–375, § 10, Oct. 3, 1980, 94 Stat. 1507.)
heading: References in Text
text: The Reclamation Act of June 17, 1902, 32 Stat. 388, referred to in text, is classified generally to chapter 12 (§ 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 (§ 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.
heading: Amendments
text: 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”.
heading: Termination of National Water Commission
text: National Water Commission, established by Pub. L. 90–515, Sept. 26, 1968, 82 Stat. 868, terminated Sept. 26, 1973.
43 U.S.C. § 1511a (PUBLIC LANDS)
§ 1511a. Cooperation and participation by Secretary of the Army with Federal, State, and local agencies
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.].
(Pub. L. 91–611, title II, § 203, Dec. 31, 1970, 84 Stat. 1828.)
heading: References in Text
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.
heading: Codification
text: Section was not enacted as part of the Colorado River Basin Project Act which comprises this chapter.
43 U.S.C. § 1512 (PUBLIC LANDS)
§ 1512. Mexican Water Treaty
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.
(Pub. L. 90–537, title II, § 202, Sept. 30, 1968, 82 Stat. 887.)
heading: References in Text
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.
43 U.S.C. § 1513 (PUBLIC LANDS)
§ 1513. Importation of water; protection of exporting areas
(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.
(Pub. L. 90–537, title II, § 203, Sept. 30, 1968, 82 Stat. 887.)
heading: References in Text
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.
43 U.S.C. § 1525 (PUBLIC LANDS)
§ 1525. Cost of main stream water of Colorado River
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.
(Pub. L. 90–537, title III, § 305, Sept. 30, 1968, 82 Stat. 893.)
43 U.S.C. § 1526 (PUBLIC LANDS)
§ 1526. Water salvage programs
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.
(Pub. L. 90–537, title III, § 306, Sept. 30, 1968, 82 Stat. 893.)
43 U.S.C. § 1527 (PUBLIC LANDS)
§ 1527. Fish and wildlife conservation and development
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.
(Pub. L. 90–537, title III, § 308, Sept. 30, 1968, 82 Stat. 893.)
heading: References in Text
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 (§ 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.
43 U.S.C. § 1528 (PUBLIC LANDS)
§ 1528. Authorization of appropriations
(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.
(Pub. L. 90–537, title III, § 309, Sept. 30, 1968, 82 Stat. 893; Pub. L. 97–373, Dec. 20, 1982, 96 Stat. 1817.)
heading: Amendments
text: 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”.
43 U.S.C. § 1542 (PUBLIC LANDS)
§ 1542. Repayment capability of Indian lands
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.
(Pub. L. 90–537, title IV, § 402, Sept. 30, 1968, 82 Stat. 894.)
43 U.S.C. § 1544 (PUBLIC LANDS)
§ 1544. Annual report to Congress
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.
(Pub. L. 90–537, title IV, § 404, Sept. 30, 1968, 82 Stat. 896.)
43 U.S.C. § 1553 (PUBLIC LANDS)
§ 1553. Upper Colorado River Basin; rights to consumptive uses not to be reduced or prejudiced; duties and powers of Commission not impaired
(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.
(Pub. L. 90–537, title VI, § 603, Sept. 30, 1968, 82 Stat. 901.)
43 U.S.C. § 1554 (PUBLIC LANDS)
§ 1554. Federal reclamation laws
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.
(Pub. L. 90–537, title VI, § 604, Sept. 30, 1968, 82 Stat. 901.)
heading: References in Text
text: Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 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.
43 U.S.C. § 1555 (PUBLIC LANDS)
§ 1555. Federal Power Act inapplicable to Colorado River between Hoover Dam and Glen Canyon Dam
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.
(Pub. L. 90–537, title VI, § 605, Sept. 30, 1968, 82 Stat. 901.)
heading: References in Text
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 (§ 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.
43 U.S.C. § 1556 (PUBLIC LANDS)
§ 1556. Definitions
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.
(Pub. L. 90–537, title VI, § 606, Sept. 30, 1968, 82 Stat. 901.)
43 U.S.C. § 1574 (PUBLIC LANDS)
§ 1574. Modification of projects
The Secretary is authorized to provide for modifications of the projects authorized by this subchapter to the extent he determines appropriate for purposes of meeting the international settlement objective of this subchapter at the lowest overall cost to the United States. No funds for any such modification shall be expended until the expiration of sixty days after the proposed modification has been submitted to the appropriate committees of the Congress, unless the Congress approves an earlier date by concurrent resolution. The Secretary shall notify the Governors of the Colorado River Basin States of such modifications.
(Pub. L. 93–320, title I, § 104, June 24, 1974, 88 Stat. 270.)
43 U.S.C. § 1575a (PUBLIC LANDS)
§ 1575a. Administration and disposition of lands and constructed facilities; revenues credited to general fund of Treasury
The Secretary is hereby authorized to administer and dispose of lands and interests in lands acquired, and facilities constructed under this subchapter, and revenues received in connection with this authority shall be credited to the general fund of the Treasury.
(Pub. L. 93–320, title I, § 106, as added Pub. L. 96–336, § 4, Sept. 4, 1980, 94 Stat. 1064.)
heading: Prior Provisions
text: A prior section 106 of Pub. L. 93–320 was renumbered section 107 and is classified to section 1576 of this title.
43 U.S.C. § 1576 (PUBLIC LANDS)
§ 1576. Interagency cooperation
In carrying out the provisions of this subchapter, the Secretary shall consult and cooperate with the Secretary of State, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and other affected Federal, State, and local agencies.
(Pub. L. 93–320, title I, § 107, formerly § 106, June 24, 1974, 88 Stat. 270; renumbered § 107, Pub. L. 96–336, § 4, Sept. 4, 1980, 94 Stat. 1064.)
heading: Prior Provisions
text: A prior section 107 of Pub. L. 93–320 was renumbered section 108 and is classified to section 1577 of this title.
43 U.S.C. § 1577 (PUBLIC LANDS)
§ 1577. Existing Federal laws not modified
Nothing in this chapter shall be deemed to modify the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], or, except as expressly stated herein, the provisions of any other Federal law.
(Pub. L. 93–320, title I, § 108, formerly § 107, June 24, 1974, 88 Stat. 270; renumbered § 108, Pub. L. 96–336, § 4, Sept. 4, 1980, 94 Stat. 1064.)
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 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 4321 of Title 42 and Tables.
The Federal Water Pollution Control Act, as amended, referred to in text, probably means act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
heading: Prior Provisions
text: A prior section 108 of Pub. L. 93–320 was renumbered section 109 and is classified to section 1578 of this title.
43 U.S.C. § 1578 (PUBLIC LANDS)
§ 1578. Authorization of appropriations
There is hereby authorized to be appropriated the sum of $356,400,000 for the construction of the works and accomplishment of the purposes authorized in sections 1571, 1572, 1573, and 1579 of this title, of which $3,579,000 is authorized for mitigation of fish and wildlife losses associated with replacement of the Coachella Canal in California, and $6,960,000 is authorized for mitigation of fish and wildlife losses associated with the Desalting Complex Unit and the Protective and Regulatory Pumping Unit in Arizona, based on January 1979, prices plus or minus such amounts as may be justified by reason of ordinary fluctuation in construction costs involved therein, and such sums as may be required to operate and maintain such works and to provide for such modifications as may be made pursuant to section 1574 of this title. In order to provide for the utilization of significant improvements in desal­inization technologies which may have been developed since the Bureau’s evaluation, the Secretary is directed to evaluate such cost effective improvements and implement such improved designs into the plant operations when the evaluation indicates that cost savings will result: Provided, however, That no more than five percent of the amount authorized to be appropriated is used for these purposes. There is further authorized to be appropriated such sums as may be necessary to pay condemnation awards in excess of appraised values and to cover costs required in connection with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].
(Pub. L. 93–320, title I, § 109, formerly § 108, June 24, 1974, 88 Stat. 270; renumbered § 109 and amended Pub. L. 96–336, §§ 4, 5, Sept. 4, 1980, 94 Stat. 1064.)
heading: References in Text
text: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in text, is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 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 4601 of Title 42 and Tables.
heading: Amendments
text: 1980—Pub. L. 96–336, § 5, substituted appropriations authorization of $356,400,000 to carry out sections 1571, 1572, 1573, and 1579 of this title for prior authorizations of $121,500,000 and $34,000,000 for purposes of sections 1571 and 1572, and 1573 of this title, and use of January 1979 for April 1973 price basis, authorized sums of $3,579,000 and $6,960,000 for mitigation of fish and wildlife losses in California and Arizona, and provided for cost savings desalinization plant operations limited to five percent of appropriations authorization.
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–336, § 5, Sept. 4, 1980, 94 Stat. 1064, provided that the amendment made by section 5 is effective Oct. 1, 1979.