A bill to amend the Colorado River Basin Salinity Control Act to authorize certain additional measures to assure accomplishment of the objectives of title II of such Act, and for other purposes.
PL 98-569 (H.R.2790), enacted 10/30/1984

PUBLIC LAW 98-569—OCT. 30, 1984 
98 STAT. 2933 
Public Law 98-569 
98th Congress 
An Act 
To amend the Colorado River Basin Salinity Control Act to authorize certain addi-
tional measures to assure accomplishment of the objectives of title II of such Act, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. Section 201(b) of the Colorado River Basin Salinity 
Control Act (43 U.S.C. 1591(b)), hereinafter referred to as the 'Act", 
is amended by adding at the end thereof the following new sentence: 
"In determining the relative priority of implementing additional 
units or new self-contained portions of units authorized by section 
202, the Secretary or the Secretary of Agriculture, as the case may 
be, shall give preference to those additional units or new self-
contained portions of units which reduce salinity of the Colorado 
River at the least cost per unit of salinity reduction.". 
SEC. 2. (a) Section 202 of the Act (43 U.S.C. 1592) is amended by 
inserting "(a)" after "SEC. 202.". 
(b) Section 202(a) of such Act, as amended by subsection (a), is 
amended— 
(1) in paragraph (1) by inserting before the period at the end 
thereof the following: ", and consisting of measures to replace 
incidental fish and wildlife values foregone"; 
(2) in the second sentence of paragraph (2) by inserting 
"replacing canals and laterals with pipe," after "canals and 
laterals," and by inserting "implementing other measures to 
reduce salt contributions from the Grand Valley to the Colorado 
River, and implementing measures to replace incidental fish 
and wildlife values foregone." after "efficient facilities"; 
(3) in the third sentence of paragraph (2) by inserting ", or 
portion thereof," after "Grand Valley unit", by striking out 
"agencies" and inserting in lieu thereof "non-Federal entities", 
by inserting ", or portions thereof," after "water distribution 
systems", and by striking out "all obligations" and inserting in 
lieu thereof "the obligations specified in subsection (b)(2)"; 
(4) in paragraph (2) by striking out the fourth, fifth, and sixth 
sentences; 
(5) by striking out paragraph (3) and by redesignating para-
graph (4) as paragraph (3); 
(6) in paragraph (3) (as redesignated) by deleting the period at 
the end thereof and inserting ", and consisting of measures to 
replace incidental fish and wildlife values foregone."; and 
(7) by adding at the end thereof the following new paragraphs: 
"(4) Stage I of the Lower Gunnison Basin unit, Colorado, 
consisting of measures and all necessary appurtenant and asso-
ciated works to reduce seepage from canals and laterals in the 
Uncompahgre Valley, and consisting of measures to replace 
incidental fish and wildlife values foregone, essentially as 
described in the feasibility report and final environmental state-
ment dated February 10, 1984. Prior to initiation of construction 
Oct. 30, 1984 
[H.R. 2790] 
Conservation. 
Water. 
Fish and fishing. 
Wildlife. 
Contracts with 
U.S. 
98 STAT. 2934 
PUBLIC LAW 98-569—OCT. 30, 1984 
43 u s e 1501 
note. 
43 u s e 620 note. 
43 u s e 371 note, 
eontracts with 
U.S. 
Ante, p. 2933. 
Reports. 
of stage I of the Lower Gunnison Basin unit, or of a portion of 
stage I, the Secretary shall enter into contracts through which 
the non-Federal entities owning, operating, and maintaining 
the water distribution systems, or portions thereof, in the 
Uncompahgre Valley, singly or in concert, will assume the 
obligations specified in subsection (b)(2) relating to the contin-
ued operation and maintenance of the unit's facilities. 
"(5) Portions of the McElmo Creek unit, Colorado, as compo-
nents of the Dolores participating project, Colorado River Stor-
age project, authorized by Public Law 90-537 and Public Law 
84-485, consisting of all measures and all necessary appurte-
nant and associated works to reduce seepage only from the 
Towaoc-Highline combined canal. Rocky Ford laterals, Lone 
Pine lateral, and Upper Hermana lateral, and consisting of 
measures to replace incidental fish and wildlife values foregone. 
The Dolores participating project shall have salinity control as a 
project purpose insofar as these specific facilities are concerned: 
Provided, That the costs of construction and replacement of 
these specific facilities shall be allocated by the Secretary to 
salinity control and irrigation only after consultation with the 
State of Colorado, the Montezuma Valley Irrigation District, 
Colorado, and the Dolores Water Conservancy District, Colo-
rado: And provided further, That such allocation of costs to 
salinity control will include only the separable and specific costs 
of these specific facilities and will not include any joint costs of 
any other facilities of the Dolores participating project. Repay-
ment of costs allocated to salinity control shall be subject to this 
Act. Repayment of costs allocated to irrigation shall be subject 
to the Acts which authorized the Dolores participating project, 
the Reclamation Act of 1902, and Acts amendatory and supple-
mentary thereto. Prior to initiation of construction of these 
specific facilities, or a portion thereof, the Secretary shall enter 
into contracts through which the non-Federal entities owning, 
operating, and maintaining the water distribution systems, or 
portions thereof, in the Montezuma Valley, singly or in concert, 
will assume the obligations specified in subsection (b)(2) relating 
to the continued operation and maintenance of the unit's 
facilities.". 
(c) Section 202 of such Act is further amended by inserting at the 
end thereof the following new subsections: 
"(b) In implementing the units authorized to be constructed pursu-
ant to subsection (a), the Secretary shall carry out the following 
directions: 
"(1) As reports are completed describing final implementation 
plans for the unit, or any portion thereof, authorized by para-
graph (5) of subsection (a), and prior to expenditure of funds for 
related construction activities, the Secretary shall submit such 
reports to the appropriate committees of the Congress and to 
the governors of the Colorado River Basin States. 
"(2) Non-Federal entities shall be required by the Secretary to 
contract for the long-term operation and maintenance of canal 
and lateral systems constructed pursuant to activities provided 
for in subsection (a): Provided, That the Secretary shall reim-
burse such non-Federal entities for the costs of such operation 
and maintenance to the extent the costs exceed the expenses 
that would have been incurred by them in the thorough and 
timely operation and maintenance of their canal and lateral 
PUBLIC LAW 98-569—OCT. 30, 1984 
STAT. 2935 
systems absent the construction of a unit, said expenses to be 
determined by the Secretary after consultation with the 
involved non-Federal entities. The operation and maintenance 
for which non-Federal entities shall be responsible shall include 
such repairing and replacing of a unit's facilities as are asso-
ciated with normal annual maintenance activities in order to 
keep such facilities in a condition which will assure maximum 
reduction of salinity inflow to the Colorado River. These non-
Federal entities shall not be responsible, nor incur any costs, for 
the replacement of a unit's facilities, including measures to 
replace incidental fish and wildlife values foregone. The term 
replacement shall be defined for the purposes of this title as a 
major modification or reconstruction of a completed unit, or 
portion thereof, which is necessitated, through no fault of the 
non-Federal entity or entities operating and maintaining a unit, 
by design or construction inadequacies or by normal limits on 
the useful life of a facility. The Secretary is authorized to 
provide continuing technical assistance to non-Federal entities 
to assure the effective and efficient operation and maintenance 
of a unit's facilities. 
"(3) The Secretary may, under authority of this title, and 
limited to the purposes of this Act, fund through a grant or 
contract, for any fiscal year only to such extent or in such 
amounts as are provided in appropriation Acts, a non-Federal 
entity to organize private canal and lateral owners into formal 
organizations with which the Secretary may enter into a grant 
or contract to construct, operate, and maintain a unit's 
facilities. 
"(4) In implementing the units authorized to be constructed 
pursuant to paragraphs (1), (2), (3), (4), and (5) of subsection (a), 
the Secretary shall comply with procedural and substantive 
State water laws. 
"(5) The Secretary may, under authority of this title and 
limited to the purposes of this Act, fund through a grant or 
contract, for any fiscal year only to such extent or in such 
amounts as are provided in appropriation Acts, a non-Federal 
entity to operate and maintain measures to replace incidental 
fish and wildlife values foregone. 
"(6) In implementing the units authorized to be constructed 
pursuant to subsection (a), the Secretary shall implement meas-
ures to replace incidental fish and wildlife values foregone 
concurrently with the implementation of a unit's, or a portion 
of a unit's, related features. 
"(c)(1) The Secretary of Agriculture may establish a voluntary 
cooperative salinity control program with landowners to improve 
on-farm water management and reduce watershed erosion on non-
Federal lands and on lands under the control of the Department of 
Agriculture for the purpose of assisting in meeting the objectives of 
this title. 
"(2) In carrying out such program, the Secretary of Agriculture 
shall— 
"(A) identify salt-source areas and determine the salt load 
resulting from irrigation and watershed management practices; 
"(B) develop, in consultation with the public and affected 
governmental interests, plans for implementing measures that 
will reduce the salt load of the Colorado River by improving on-
farm irrigation water management including improvement of 
Grants. 
Contracts with 
U.S. 
Ante, p. 2933. 
Grants. 
Contracts with 
U.S. 
98 STAT. 2936 
PUBLIC LAW 98-569—OCT. 30, 1984 
Contracts with 
U.S. 
Contracts with 
U.S. 
Reports. 
43 u s e 1594. 
Prohibition. 
Appropriation 
authorization. 
related laterals and by improving watershed erosion manage-
ment practices, such measures to include voluntary replace-
ment of incidental fish and wildlife values foregone; 
"(C) provide technical and cost-sharing assistance for the 
voluntary implementation of plans through contracts and 
agreements with individuals or groups of owners and operators 
of farms, ranches, and other lands as well as with local govern-
mental and nongovernmental entities such as irrigation dis-
tricts and canal companies, except that a portion of the costs of 
implementing such plans shall be shared by the participants on 
the basis of benefits received and other appropriate factors, as 
determined by the Secretary of Agriculture, and except that 
such contracts and agreements shall provide for continuing 
operation and maintenance of measures installed under this 
subsection, including measures to replace incidental fish and 
wildlife values foregone, without additional cost-sharing assist-
ance; 
"(D) provide continuing technical assistance for irrigation 
water management as well as monitoring and evaluation of 
changes in salt contributions to the Colorado River to determine 
program effectiveness; 
"(E) carry out related research, demonstration, and education 
activities; and 
"(F) in entering into contracts or agreements pursuant to 
section 202(c)(2KC), require a minimum of 30 per centum cost-
sharing contribution from individuals or groups of owners and 
operators of farms, ranches, and other lands as well as from 
local governmental and nongovernmental entities such as irri-
gation districts and canal companies, unless the Secretary finds 
in his discretion that such cost-sharing requirement would 
result in a failure to proceed with needed on-farm measures. 
"(3) The measures to be implemented in any particular salt source 
area shall be described in reports issued by the Secretary of Agricul-
ture. Copies of the reports are to be submitted to— 
"(A) the committees on Agriculture and Appropriations of the 
House of Representatives and the committees on Agriculture, 
Nutrition and Forestry and Appropriations of the Senate; 
"(B) members of the advisory council established by section 
204(a) of this title; and 
"(C) the Governor of any State where measures are to be 
implemented. 
No funds for implementation of proposed measures undertaken 
pursuant to this subsection may be expended until the expiration of 
sixty days after submission of the report of the Secretary of 
Agriculture. 
"(4) The Secretary of Agriculture may use existing agencies as 
well as the services and facilities of the (Commodity Credit Corpora-
tion to carry out the provisions of this subsection. The Secretary of 
Agriculture, in addition, may authorize participating agencies to 
utilize grants or cooperative agreements with conservation districts, 
local governmental agencies, colleges and universities, or others as 
appropriate to carry out the activities identified in this subsection. 
There is hereby authorized to be appropriated annually, to be 
available until expended, such funds as may be necessary to carry 
out the provisions of this subsection: Provided, That no disburse-
ment shall be made by the Commodity Credit Corporation unless it 
PUBLIC LAW 98-569—OCT. 30, 1984 
98 STAT. 2937 
has received funds to cover the amount thereof from appropriations 
available for the purpose of carrying out this Act. 
"(5) The Secretary of Agriculture shall submit a report to Con- 
Report, 
gress by January 1, 1988, and at each five-year interval thereafter, 
concerning the operation of the program authorized by this subsec-
tion. Such report shall contain an evaluation of the operation of 
such program and may include recommendations for such addi-
tional legislation as may be necessary to solve identified salinity 
problems in areas designated by the Secretary of Agriculture and 
may include recommendations to utilize new technology and re-
search related to such problems.". 
SEC. 3. Section 203(b) of the Act (43 U.S.C. 1593(b)) is amended 
b y -
(1) striking out the period at the end of paragraph (2) and 
inserting in lieu thereof a semicolon; and 
(2) inserting at the end thereof the following new paragraphs: 
"(3) to develop a comprehensive program for minimizing salt 
contributions to the Colorado River from lands administered by 
the Bureau of Land Management and submit a report which 
describes the program and recommended implementation ac-
tions to the Congress and to the members of the advisory 
council established by section 204(a) of this title by July 1, 1987; 
43 USC 1594. 
"(4) to undertake feasibility investigations of saline water use 
and disposal opportunities, including measures and all neces-
sary appurtenant and associated works, to demonstrate saline 
water use technology and to beneficially use and dispose of 
saline and brackish waters of the Colorado River Basin in joint 
ventures with current and future industrial water users, using, 
but not limited to, the concepts generally described in the 
Bureau of Reclamation Special Report of September 1981, enti-
tled "Saline water use and disposal opportunities"; and 
"(5) to undertake advance planning activities on the Sinbad 
Valley Unit, Colorado, as described in the Bureau of Land 
Management Salinity Status Report, covering the period 1978-
1979 and dated February 1980.". 
SEC. 4. (a) Section 205(a) of the Act (43 U.S.C. 1595(a)) is amended 
by inserting "(a)" after "section 202" and by inserting after "total 
costs" the following: "(excluding costs borne by non-Federal partici-
pants pursuant to section 202(c)(2)(C)) of the on-farm measures 
authorized by section 202(c), of all measures to replace incidental 
fish and wildlife values foregone, and". 
(b) Section 205(a)(1) of such Act is amended by inserting before 
"shall be nonreimbursable." the words "authorized by section 202(a) 
(1), (2), and (3), including 75 per centum of the total costs of con-
struction, operation, and maintenance of the associated measures 
to replace incidental fish and wildlife values foregone, 70 per 
centum of the total costs of construction, operation, maintenance, 
and replacement of each unit, or separable feature thereof author-
ized by section 202(a) (4) and (5), including 70 per centum of the total 
Ante, p. 2933. 
costs of construction, operation, and maintenance of the associated 
measures to replace incidental fish and wildlife values foregone, and 
70 per centum of the total costs of implementation of the on-farm 
measures authorized by section 202(c), including 70 per centum of 
Ante, p. 2934. 
the total costs of the associated measures to replace incidental fish 
and wildlife values foregone,". Section 205(a)(1) of such Act is fur-
ther amended by adding at the end thereof "The total costs remain-
98 STAT. 2938 
PUBLIC LAW 98-569—OCT. 30, 1984 
ing after these allocations shall be reimbursable as provided for in 
paragraphs (2), (3), (4), and (5), of section 205(a)". 
43 use 1595. 
(c) Section 205(a)(2) of such Act is amended by striking "Twenty-
five per centum" and inserting in lieu thereof "The reimbursable 
portion". 
(d) Section 205(a)(3) of such Act is amended to read as follows: 
"(3) Costs of construction and replacement of each unit or separa-
ble feature thereof authorized by sections 202(a) (1), (2), and (3) and 
costs of construction of measures to replace incidental fish and 
wildlife values foregone, when such measures are a part of the units 
Ante, p. 2933. 
authorized by sections 202(a) (1), (2), and (3), allocated to the upper 
basin and to the lower basin under section 205(a)(2) of this title shall 
be repaid within a fifty-year period or within a period equal to the 
estimated life of the unit, separable feature thereof, or replacement, 
whichever is less, without interest from the date such unit, separa-
ble feature, or replacement is determined by the Secretary to be in 
operation.". 
(e) Section 205(a) of such Act is amended by inserting at the end 
thereof the following new paragraphs: 
"(4)(i) Costs of construction and replacement of each unit or 
separable feature thereof authorized by sections 202(a) (4) and (5), 
costs of construction of measures to replace incidental fish and 
wildlife values foregone, when such measures are a part of the on-
farm measures authorized by section 202(c) or of the units author-
ized by sections 202(a) (4) and (5), and costs of implementation of the 
on-farm measures authorized by section 202(c) allocated to the upper 
basin and to the lower basin under section 205(aX2) of this title shall 
be repaid as provided in subparagraphs (ii) and (iii), respectively, of 
this paragraph. 
"(ii) Costs allocated to the upper basin shall be repaid with 
interest within a fifty-year period, or within a period equal to the 
estimated life of the unit, separable feature thereof, replacement, or 
on-farm measure, whichever is less, from the date such unit, separa-
ble feature thereof, replacement, or on-farm measure is determined 
by the Secretary or the Secretary of Agriculture to be in operation. 
"(iii) Costs allocated to the lower basin shall be repaid without 
interest as such costs are incurred to the extent that money is 
available from the Lower Colorado River Basin development fund to 
repay costs allocated to the lower basin. If in any fiscal year the 
money available from the Lower Colorado River Basin development 
fund for such repayment is insufficient to repay the costs allocated 
to the lower basin, as provided in the preceding sentence, the 
deficiency shall be repaid with interest as soon as money becomes 
available in the fund for repayment of those costs. 
"(iv) The interest rates used pursuant to this Act shall be deter-
mined by the Secretary of the Treasury, taking into consideration 
average market yields on outstanding marketable obligations of the 
United States with remaining periods to maturity comparable to the 
reimbursement period during the month preceding the date of 
enactment of the Act entitled "An Act to amend the Colorado River 
Basin Salinity Control Act to authorize certain additional measures 
to assure accomplishment of the objectives of title II of such Act, and 
for other purposes" for costs outstanding at that date, or, in the case 
of costs incurred subsequent to enactment of such Act, during the 
month preceding the fiscal year in which the costs are incurred. 
"(5) Costs of operation and maintenance of each unit or separable 
feature thereof authorized by section 202(a) and of measures to 
PUBLIC LAW 98-569—OCT. 30, 1984 
STAT. 2939 
replace incidental fish and wildlife values foregone allocated to the 
upper basin and to the lower basin under section 205(a)(2) of this 
title shall be repaid without interest in the fiscal year next succeed-
ing the fiscal year in which such costs are incurred. In the event 
that revenues are not available to repay the portion of operation 
and maintenance costs allocated to the Upper Colorado River Basin 
fund and to the Lower Colorado River Basin development fund in 
the year next succeeding the fiscal year in which such costs are 
incurred, the deficiency shall be repayed with interest calculated in 
the same manner as provided in section 205(a)(4)(iv). Any reimburse-
ment due non-Federal entities pursuant to section 202(b)(2) shall be 
repaid without interest in the fiscal year next succeeding the fiscal 
year in which such operation and maintenance costs are incurred.". 
(f)(1) Section 205(b)(1) of such Act is amended by inserting "author-
ized by section 202(a), costs of construction, operation, and mainte-
nance of measures to replace incidental fish and wildlife values 
foregone, and costs of implementation of the on-farm measures 
authorized by section 202(c)," before "allocated for repayment". 
(2) Section 403(g)(2) of the Lower Colorado River Basin Project Act 
(43 U.S.C. 1543(g)) is amended by inserting "the costs of measures to 
replace incidental fish and wildlife values foregone, and the costs of 
on-farm measures" before "payable from". 
(g) Section 205(c) of the Act is amended by inserting "authorized 
by section 202(a), costs of construction, operation, and maintenance 
of measures to replace incidental fish and wildlife values foregone, 
and costs of implementation of the on-farm measures authorized by 
section 202(c)" before "allocated for". 
(h) Section 5(d)(5) of the Colorado River Storage Project Act (43 
U.S.C. 620d(d)(5)) is amended by inserting ", the costs of meeisures to 
replace incidental fish and wildlife values foregone, and the costs of 
the on-farm measures" before "payable". 
(i) Section 205(e) of the Act is amended by— 
(1) striking out "of construction, operation, maintenance, and 
replacement of units"; 
(2) inserting "to the Upper Colorado River Basin Fund" after 
"allocated"" 
(3) inserting ", section 205(a)(4) and section 205(a)(5)" after 
"section 205(a)(3)"; and 
(4) inserting ", for the construction, operation, and mainte-
nance of measures to replace incidental fish and wildlife values 
foregone, and for the implementation of on-farm measures" 
after "salinity control units". 
SEC. 5. (a) Section 208(a) of the Act (43 U.S.C. 1598) is amended by 
striking out "and not then if disapproved by said committees,". 
(b)(1) The second sentence of section 208(b) of the Act is amended 
by inserting "(a) or (b)" after "section 202". 
(2) Section 208(b) of the Act is amended by inserting after the 
second sentence thereof the following new sentence: "The funds 
authorized to be appropriated by this section may be used for 
construction of any or all of the works or portions thereof and for 
other purposes authorized in subsection (a), including measures as 
provided for in subsection (b) of section 202 of this title.". 
SEC. 6. The amendments made by this Act shall take effect upon 
enactment of this Act. 
Ante, p. 2934. 
43 use 1595. 
Effective date. 
43 use 1591 
note. 
98 STAT. 2940 
PUBLIC LAW 98-569—OCT. 30, 1984 
SEC. 7. For purposes of complying with section 401 of the Congres-
2 use 651. 
sional Budget Act of 1974, the authorization provided under this Act 
is subject to the availability of appropriations. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—H.R. 2790: 
HOUSE REPORT No. 98-1018 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Oct. 2, considered and passed House. 
Oct. 5, considered and passed Senate, amended. 
Oct. 9, House concurred in Senate amendments.