An Act to authorize the construction, operation, and maintenance of the closed basin division, San Luis Valley project, Colorado, and for other purposes
PL 92-514 (S.520), enacted 10/20/1972

964 
PUBLIC LAW 92-514-OCT. 20, 1972 
[86 STAT. 
October 20, 1972 
[S. 520] 
Public Law 92-514 
- - -'^ ...i'...^,. 
AN ACT 
To authorize the Secretary of the Interior to construct, operate, and maintain 
various Federal reclamation projects, and for other purposes. 
Reclamation 
Project Authori-
zation Act of 
1972. 
Be it enacted by the Senate and House of Representatives 
of the 
Cnited States of America in Congress assembled. That this Act shall 
be known as the Reclamation Project Authorization Act of 1972. 
TITLE I ' 
' ""'^ ' " ' 
''"^ 
''^' 
43 u s e 371 
note. 
33 u s e 1151 
note. 
eontrol system. 
CLOSED BASIN DIVISION, SAN LUIS VALLEY PROJECT, COLORADO 
SEC. 101. The Secretary of the Interior is authorized to construct, 
operate, and maintain the closed basin division, San Luis Valley 
project, Colorado, including channel rectification of the Rio Grande 
between the uppermost point of discharge into the river of waters 
salvaged by the project, and the Colorado-New Mexico State line, so as 
to provide for the carriage of water so salvaged without flooding of 
surrounding lands, to minimize losses of waters through evaporation, 
transpiration, and seepage, and to provide a conduit for the reception 
of waters salvaged by drainage projects undertaken in the San Luis 
Valley below Alamosa, Colorado, in accordance with the Federal recla-
mation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory 
thereof or supplementary thereto), and as otherwise provided in this 
Act, for the principal purposes of salvaging, regulating, and furnish-
ing water from the closed basin area of Colorado; transporting such 
Avater into the Rio Grande; making water available for fulfilling the 
United States obligation to the United States of Mexico in accordance 
with the treaty dated May 21,1906 (34 Stat. 2953) ; furnishing irriga-
tion water, industrial water, and municipal water supplies to water 
deficient areas of Colorado, New Mexico, and Texas through direct 
diversion and exchange of water; establishing the Mishak National 
Wildlife Refuge and furnishing a water supply for the operation of 
the Mishak National Wildlife Refuge and the Alamosa National Wild-
life Refuge and for conservation and development of other fish and 
wildlife resources; providing outdoor recreational opportunities; aug-
menting the flow of the Rio Grande; and other useful purposes, in sub-
stantial accordance with the engineering plans set out in the report of 
the Secretary of the Interior on this project: Provided^ That no wells 
of the project, other than observation wells, shall be permitted to pene-
trate the aquiclude, or first confining clay layer. 
(b) Construction of the project may be undertaken in such units or 
stages as in the determination of the Secretary wall best serve project 
requirements and meet water needs: Provided^ That construction of 
each of the successive units or stages after stage 1 of said project shall 
be undertaken only with the consent of the Colorado Water Conserva-
tion Board and the Rio Grande Water Conservation District of the 
State of Colorado. 
(c) The closed basin division, San Luis Valley project, Colorado, 
shall be operated in such manner that the delivery of water to the 
river and return flows of water will not cause the Rio Grande system 
to be in violation of water quality standards promulgated pursuant 
to the Water Quality Act of 1965 (79 Stat. 903). 
SEC 102. (a) Prior to commencement of construction of any part 
of the project, except channel rectification, there shall be incorporated 
into the project plans a control system of observation wells, which 
shall be designed to provide positive identification of any fluctuations 
86 
STAT.] 
PUBLIC LAW 92-514-OCT. 20, 1972 
965 
in the water table of the area surrounding the project attributable to 
operation of the project or any part thereof. Such control system, or 
so much thereof as is necessary to provide such positive identification 
Avith respect to any stage of the project, shall be installed concur-
rently with such stage of the project. 
(b) The Secretary shall operate project facilities in a manner that 
will not cause the water table available for any irrigation or domestic 
wells in existence prior to the construction of the project to drop more 
than two feet and in a manner that will not cause reduction of artesian 
flows in existence prior to the construction of the project. 
SEC. 103. There is hereby established an operating committee con-
sisting of one member appointed by the Secretary, one member 
appointed by the Colorado Water Conservation Board, and one mem-
ber appointed by the Rio Grande Water Conservation District, which 
is authorized to determine from time to time whether the requirements 
of section 102 of this Act are being complied with. The committee shall 
inform the Secretary if the operation of the project fails to meet the 
requirements of section 102 or adversely affects the beneficial use of 
water in the Rio Grande Basin in Colorado as defined in article 1(c) 
of the Rio Grande compact (53 Stat. 785). Upon receipt of such 
information the Secretary shall modify, curtail, or suspend operation 
of the project to the extent necessary to comply with such requirements 
or eliminate such adverse effect. 
SEC. 104. (a) Except as hereinafter provided, project costs shall be 
nonreimbursable. 
(b) After the project or any phase thereof has been constructed and 
is operational, the Secretary shall make water available in the follow-
ing listed order of priority: 
(1) To assist in making the annual delivery of water at the gaging 
station on the Rio^ Grande near Lobatos, Colorado, as required by 
article I I I of the Rio Grande compact: Provided^ That the total 
amount of water delivered for this purpose shall not exceed an aggre-
gate of six hundred thousand acre-feet for any period of ten consecu-
tive years reckoned in continuing progressive series beginning with 
the first day of January next succeeding the year in which the Secre-
tary determined that the project authorized by this Act is operational. 
(2) To maintain the Alamosa National Wildlife Refuge and the 
Mishak National Wildlife Refuge: Provided^ That the amount of 
water delivered to the Alamosa National Wildlife Refuge shall not 
exceed five thousand three hundred acre-feet annually, and the water 
delivered to the Mishak National Wildlife Refuge shall not exceed 
twelve thousand five hundred acre-feet annually. 
(3) To apply to the reduction and elimination of any accumulated 
deficit in deliveries by Colorado as is determined to exist by the Rio 
Grande Compact Commission under article VI of the Rio Grande com-
pact at the end of the compact water years in which the Secretary first 
determines the project to be operational. 
(4) For irrigation or other beneficial uses in Colorado: Provided^ 
That no water shall be delivered until agreements between the LTnited 
States and water users in Colorado, or the Rio Grande Water Con-
servation District acting for them, have been executed providing for 
the repayment of such costs as in the opinion of the Secretar^'^ are 
appropriate and within the ability of the users to pay. 
SEC. 105. Construction of the j)roject shall not be started until the 
State of Colorado agrees that it will, as its participation in the project, 
convey to the United States easements and rights-of-way over lands 
owned by the State that are needed for wells, channels, laterals, and 
Water table. 
Committee, 
establishment. 
Water delivery. 
Gaging station, 
Labatos, Colo. 
Alamosa and 
Mishak National 
Wildlife Refuges. 
Easements, 
rights-of-way. 
966 
PUBLIC LAW 92-514-OCT. 20, 1972 
[86 STAT. 
Land acquisi-
tion. 
Fish and wild-
life resources. 
79 Stat. 213. 
16 use 460M2 
note. 
Transfer of 
functions. 
Limitation. 
Appropriation. 
wildlife refuge areas, as identified in the project plan. Acquisition of 
privately owned land shall, where possible and consistent with the 
development of the project, be restricted to easements and rights-of-
way in order to minimize the removal of land from local tax rolls. 
SEC. 106. Conservation and development of the fish and wildlife 
resources and the enhancement of recreation opportunities in connec-
tion with the closed basin division of the San Luis Valley project 
works authorized by this Act shall be accordance with the provisions 
of the Federal Water Project Recreation Act (70 Stat. 213). 
SEC. 107. The Secretary is authorized to transfer to the State of Colo-
rado or to any qualified agency or political subdivision of the State, 
or to a water users' organization, responsibility for the care, operation, 
a]id maintenance of the project works, or any part thereof. The agency 
or organization assuming such obligation shall obligate itself to oper-
ate the project works in accordance with regulations prescribed by 
the Secretary. 
SEC. 108. Nothing contained in this Act shall be construed to abro-
gate, amend, modify, or be in conflict with any provisions of the Rio 
Grande compact; or to shift any legal burden of delivery from the Rio 
Grande or the Conejos River to the closed basin. 
SEC. 109. There is hereby authorized to be appropriated for con-
struction of the closed basin division of the San Luis Valley project the 
sum of $18,246,000 (April 1972 prices), plus or minus such amounts, 
if any, as may be justified by reason of ordinary fluctuation in con-
struction costs as indicated by engineering cost indexes applicable to 
the types of construction involved herein, and such additional sums as 
may be required for operation and maintenance of the project. 
TITLE I I 
43 use 371 
note. 
BRANTLEY PROJECT, PECOS RIVER BASIN, NEW MEXICO 
SEC. 201. The Secretary of the Interior is authorized to construct, 
operate, and maintain the Brantley project, Pecos River Basin, New 
Mexico, in accordance with the Federal reclamation laws (Act of 
June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supple-
mentary thereto) and the provisions of this Act and the plan set out in 
the report of the Secretary on this project, with such modification of, 
omissions from, or additions to the works, as the Secretary may find 
proper and necessary for the purposes of irrigation, flood control, fish 
and wildlife and recreation, and for the elimination of the hazards of 
failure of McMilland and Avalon Dams: Provided^ That the Secretary 
of the Interior shall operate the existing Alamogordo Dam and Reser-
voir unit: And provided further^ That the Secretary of the Interior 
shall familiarize himself with the water rights of appropriators of 
water from the Pecos River and shall promulgate criteria for the 
operation of the Brantley project and other irrigation storage projects 
on the Pecos River in the State of New Mexico that will preclude any 
detrimental effect on water rights in the Pecos River so that appro-
priators of water will not be adversely and unreasonably affected by 
such operations. 
SEC. 202. The conservation and development of the fish and wildlife 
resources and the enhancement of recreation opportunities in connec-
tion with the Brantley project shall be in accordance with the pro-
visions of the Federal Water Project Recreation Act (79 Stat. 213). 
86 STAT.] 
PUBLIC LAW 92-51 4 - O C T . 20, 1972 
967 
SEC. 203. Nothing in this Act shall be construed to alter, amend, 
repeal, modify, or be in conflict with the provisions of the Pecos River 
Compact, 1948, consented to by the Congress in the Act of June 9, 
1949 (63 Stat. 159). 
SEC. 204. The costs allocated to flood control and the safety of dams 
purposes of the project shall be nonreimbursable and nonreturnable. 
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). 
le use 460/-12 
SEC. 205. The interest rate used for computing interest during con- ""'j^j^^^gt ^^^^ 
struction and interest on the unpaid balance of the reimbursable costs 
of the Brantley project shall be determined by the Secretary of the 
Treasury, as of the beginning of the fiscal year in which construction 
on the project is commenced, 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 date of issue. 
SEC. 206*! There is hereby authorized to be appropriated for con- Appropriation, 
struction of the Brantley project the sum of $45,605,000 (based on 
July 1971 prices), plus or minus such amounts, if any, as may be justi-
fied by reason of changes in construction costs as indicated by engi-
neering cost indexes applicable to the types of construction involved 
and, in addition thereto, sums as may be required for operation and 
maintenance of the project. 
TITLE I I I 
SALMON FALLS DIVISION, UPPER SNAKE RIVER PROJECT, IDAHO 
SEC. 301. For the primary purposes of providing irrigation water 
supplies and the enhancement of fish and wildlife resources, and other 
purposes, the Secretary of the Interior, acting pursuant to the Federal 
reclamation laws (Act of June 17,1902, 32 Stat. 388, and Acts amenda-
tory thereof or supplementary thereto), is authorized to construct, 
'•^ use 371 
operate, and maintain the Salmon Falls division. Upper Snake River 
project, Idaho. The principal works of the divisions shall consist of the 
Milner pumping plant, the Milner-Salmon Falls Canal, relift pump-
ing stations, water distribution facilities, wells to provide supple-
mental water, drainage facilities, and related works. The wells to pro-
vide supplemental water, authorized by this Act, shall be so located 
that the irrigation water produced therefrom can be delivered to the 
lands of the Salmon Falls division without the requirement for water 
rights exchange agreements between the Salmon River Canal Com-
pany and the North Side Canal Company of Jerome, Idaho. 
SEC. 302. Any exchanges of water which may be required in con- water exchanges, 
nection with the operation of the division authorized by this title 
sliall be made in conformity with applicable State law and shall in 
no way jeopardize, diminish, or otherwise alter contractual rights 
and obligations now in existence or water rights acquired under State 
law, and shall be without prejudice to, but in enjoyment of, the rights 
of the appropriator participating in the exchange as a use under his 
original appropriation. Existing water users shall bear no additional 
costs as a consequence of any exchange in their service area. 
SEC. 303. Irrigation repayment contracts shall provide, with respect mi"/cont'rac^i'^^' 
to any contract unit, for repayment of the irrigation construction costs 
assigned to the irrigators for repayment over a period of not more 
than fifty years, exclusive of any development period authorized by 
82-081 O - 73 - 64 
16 u s e 460/-12 
note. 
968 
PUBLIC LAW 92-514-OCT. 20, 1972 
[86 STAT. 
law. Construction costs allocated to irrigation beyond the ability of 
irrigators to repay shall be charged to and returned to the reclamation 
fund in accordance with the provisions of section 2 of the Act of 
June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of 
September 7, 1966 (80 Stat. 707). 
SEC. 304. The provision of lands, facilities, and project modifications 
which furnish fish and wildlife benefits in connection with the Sal-
mon Falls division shall be in accordance with the Federal Water 
Project Recreation Act (79 Stat. 213). 
SEC. 305. Power and energy required for irrigation water pumping 
for the Salmon Falls division shall be made available by the Secretary 
from the Federal Columbia River power system at charges determined 
by him. 
Interest rate. 
gj,^ ^QQ -pj^g lutercst rate used for computing interest during con-
struction and interest on the unpaid balance of the reimbursable costs 
of the Salmon Falls division shall be determined by the Secretary of 
the Treasury, as of the beginning of the fiscal year in which construc-
tion on the division is commenced, 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 
fifteen years from date of issue. 
SEC. 307. For a period of ten years from the date of enactment of 
this Act, no water from the project authorized by this Act shall be de-
livered to any water user for the production on newly irrigated lands 
of any basic agricultural commodity, as defined in the Agricultural 
Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421), or any amendment thereof, 
if the total supply of such commodity for the marketing year in which 
the bulk of the crop would normally be marketed is in excess of the 
normal supply as defined in section 301(b) (10) of the Agricultural 
68 Stat. 902. 
Adjustmcut Act of 1938 (62 Stat. 1251; 7 U.S.C. 1301), as amended, 
unless the Secretary of Agriculture calls for an increase in production 
of such commodity in the interest of national security. 
Appropriation. 
g^Q, 308. There is hereby authorized to be appropriated for con-
struction of the works herein authorized and for the acquisition of the 
necessary land and rights the sum of $62,258,000 (January 1972 
prices), plus or minus such amounts, if any, as may be required by 
reason of changes in the cost of construction work of the types involved 
therein as shown by engineering cost indexes. There are also authorized 
to be appropriated such sums as may be required for the operation and 
maintenance of said division. 
TITLE IV 
O'NEELL U N I T , P I C K - S L O A N MISSOURI BASIN PROGRAM, NEBRASKA 
SEC. 401. The O'Neill unit, heretofore authorized as an intregal part 
of the Pick-Sloan Missouri Basin program by the Act of August 21, 
1954 (68 Stat. 757), is hereby reauthorized as a unit of that project 
for the purposes of providing irrigation water for seventy-seven 
thousand acres of land, flood control, fish and wildlife conservation and 
development, public outdoor recreation, and for other purposes. The 
construction, operation, and maintenance of the O'Neill unit shall 
be subject to the Federal reclamation laws (Act of June 17, 1902, 32 
43 use 371 
Stat. 388, and Acts amendatory thereof or supplementary thereto). 
The principal features of the unit shall include Norden Dam and 
Reservoir, related canals, a pumping plant, distribution systems, and 
other necessary works needed to effect the aforesaid purposes. 
note 
86 STAT. ] 
PUBLIC LAW 92-514-OCT. 20, 1972 
969 
SEC. 402. The conservation and development of the fish and wildlife 
resources and the enhancement of recreation opportunities in connec-
tion with the O'Neill unit shall be in accordance with provisions of 
the Federal Water Project Recreation Act (79 Stat. 213). 
SEC. 403. The O'Neill unit shall be integrated physically and 
financially with the other Federal works constructed under the compre-
hensive plan approved by section 9 of the Flood Control Act of Decem-
ber 22,1944, as amended and supplemented. 
SEC. 404. The interest rate used for purposes of computing interest 
during construction and interest on the unpaid balance of the capital 
costs allocated to interest-bearing features of the project shall be 
determined by the Secretary of the Treasury, as of the beginning of 
the fiscal year in which construction is initiated, on the basis of the 
computed average interest rate payable to the Treasurj^ upon its out-
standing marketable public obligations, which are neither due nor 
callable for redemption for fifteen years from date of issue. 
SEC. 405. For a period of ten years from the date of enactment of 
this Act, no water from the project authorized by this Act shall be 
delivered to any water user for the production on newly irrigated 
lands of anv basic agricultural commodity, as defined in the Agricul-
tural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421 note), or any amend-
ment thereof, if the total supply of such commodity for the marketing 
year in which the bulk of the crop would normally be marketed is in 
excess of the normal supply as defined in section 301(b) (10) of the 
Agricultural Adjustment Act of 1938 (62 Stat. 1251; 7 U.S.C. 1301), 
as amended, unless the Seci'etary of Agriculture calls for an increase 
in production of such commodity in the interest of national security. 
SEC. 406. There is hereby authorized to be appropriated for construc-
tion of the O'Neill unit as authorized in this Act the sum of 
$113,300,000 (based upon January 1972 prices), plus or minus such 
amounts, if any, as may be justified by reason of ordinary fluctuations 
in construction involved herein. There are also authorized to be appro-
priated such additional sums as may be required for operation and 
maintenance of the unit. 
TITLE V 
Fish and wild-
life resources. 
16 use 460Z-12 
note. 
58 Stat. 891; 
84 Stat. 75. 
Interest rate. 
Water use, 
restriction. 
68 Stat. 902. 
Appropriation. 
NORTH LOUP DIVISION, PICK-SLOAN MISSOURI BASIN PROGRAM, NEBRASKA 
SEC. 501. The North Loup division heretofore authorized as an 
integral part of the Missouri River Basin project by section 9 of the 
Flood Control Act of December 22, 1944, as amended and supple-
mented, is hereby reauthorized as a unit of that project for the 
purposes of providing irrigation water for fifty-three thousand acres 
of land, enhancement of outdoor recreation opportunities, conserva-
tion and development of fish and wildlife resources, and for other 
purposes. The principal features of the North Loup division shall 
include Calamus and Davis Creek Dams and Reservoirs, Kent diver-
sion works; irrigation canals; pumping facilities; associated irriga-
tion distribution and drainage works; facilities for public outdoor 
recreation and fish and wildlife developments; and other necessary 
works and facilities to effect its purposes. 
SEC. 502. The interest rate used for purposes of computing interest 
during construction and interest on the unpaid balance of the capital 
costs allocated to interest-bearing features of the project shall be 
determined by the Secretary of the Treasury, as of the beginning of 
the fiscal year in which construction is initiated, on the basis of the 
computed average interest rate payable by the Treasury upon its 
Reauthorization.. 
Interest rate. 
970 
PUBLIC LAW 92-515-OCT. 21, 1972 
[86 STAT. 
Fish and wild-
life resources. 
16 u s e 460Z-12 
note. 
84 Stat. 75. 
Water use, re-
striction. 
68 Stat. 902. 
Appropriation. 
outstanding marketable public obligations, which are neither due nor 
callable for redemption for fifteen years from date of issue. 
SEC. 503. The conservation and development of the fish and wildlife 
resources and the enhancement of recreation opportunities in connec-
tion with the North Loup division shall be in accordance with provi-
sions of the Federal Water Project Recreation Act (79 Stat. 213). 
SEC. 504. The North Loup division shall be integrated, physically 
and financially, with the other Federal works in the Missouri Basin 
constructed or authorized to be constructed under the comprehensive 
plans approved by section 9 of the Act of December 22,1944 (58 Stat. 
891), as amended and supplemented. 
SEC. 505. The North Loup division shall be so constructed and 
operated that no water shall be diverted from either the Calamus or 
the North Loup Rivers for any use by the division during the months 
of July and August each year; and no water shall be diverted from 
said rivers during the month of September each year whenever during 
said month there is sufficient water available in the division storage 
reservoirs to deliver the design capacity of the canals receiving water 
from said reservoirs. 
SEC. 506. For a period of ten years from the date of enactment of 
this Act, no water from the project authorized by this Act shall be 
delivered to any water user for the production on newly irrigated 
lands of any basic agricultural commodity, as defined in the Agri-
cultural Act of 1949 (63 Stat. 1051; 7 U.S.C. 1421 note), or any amend-
ment thereof, if the total supply of such commodity for the marketing 
year in which the bulk of the crop would normally be marketed is in 
excess of the normal supply as defined in section 301(b) (10) of the 
Agricultural Adjustment Act of 1938 (62 Stat. 1251; 7 U.S.C. 1301), 
as amended, unless the Secretary of Agriculture calls for an increase 
in production of such commodity in the interest of national security. 
SEC. 507. There is hereby authorized to be appropriated for con-
struction of the North Loup division as authorized in this Act the sum 
of $79,500,000 (based upon January 1972 prices), plus or minus such 
amounts, if any, as may be justified by reason of ordinary fluctuations 
in construction costs as indicated by engineering costs indexes appli-
cable to the types of construction involved herein. There are also 
authorized to be appropriated such additional sums as may be required 
for operation and maintenance of the division. 
Approved October 20, 1972. 
Public Law 92-515 
October 21, 1972 
AN ACT 
[H. R. 11032] 
rjQ enable the blind and the otherwise physically disabled to participate fully in 
the social and economic life of the District of Columbia. 
D.C. 
Blind and phys 
cally disabled 
persons. 
Rights. 
Be it enacted hy the Senate and House of Representatives 
of the 
._ United States of America in Congress assembled, 
EQUAL ACCESS TO PUBLIC PLACES 
SECTION 1. The blind and the otherwise physically disabled have the 
same right as the able bodied to the full and free use of the streets, 
highways, sidewalks, walkways, public buildings, public facilities, and 
other public places in the District of Columbia.