2011 US Code
Title 43 - Public Lands
Chapter 12B - COLORADO RIVER STORAGE PROJECT (§§ 620 - 620o)
Section 620 - Upper Colorado River Basin; purpose of development of water resources; initial units...
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 43 - PUBLIC LANDS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 43 - PUBLIC LANDS CHAPTER 12B - COLORADO RIVER STORAGE PROJECT Sec. 620 - Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument |
Contains | section 620 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Short Titles | Colorado River Storage Project Act |
Source Credit | Apr. 11, 1956, ch. 203, §1, 70 Stat. 105; Pub. L. 87-483, §18, June 13, 1962, 76 Stat. 102; Pub. L. 88-568, §1, Sept. 2, 1964, 78 Stat. 852; Pub. L. 90-537, title V, §501(a), Sept. 30, 1968, 82 Stat. 896; Pub. L. 96-375, §7, Oct. 3, 1980, 94 Stat. 1507; Pub. L. 96-470, title I, §108(c), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 111-11, title X, §10401(a), Mar. 30, 2009, 123 Stat. 1371. |
Statutes at Large References | 46 Stat. 3000 54 Stat. 774 59 Stat. 1219 63 Stat. 31 70 Stat. 105 76 Stat. 102, 96 78 Stat. 852 82 Stat. 896, 885 94 Stat. 1507, 2239 106 Stat. 2237 118 Stat. 2949 123 Stat. 1371, 1375, 1383, 1392, 1393, 1394, 1395, 1396, 1402 |
Public Law References | Public Law 87-483, Public Law 88-568, Public Law 90-537, Public Law 96-375, Public Law 96-470, Public Law 111-11 |
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In order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin, for the purposes, among others, of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the States of the Upper Basin to utilize, consistently with the provisions of the Colorado River Compact, the apportionments made to and among them in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the reclamation of arid and semiarid land, for the control of floods, and for the generation of hydroelectric power, as an incident of the foregoing purposes, the Secretary of the Interior is authorized (1) to construct, operate, and maintain the following initial units of the Colorado River storage project, consisting of dams, reservoirs, powerplants, transmission facilities and appurtenant works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir only), and Glen Canyon: Provided, That the Wayne N. Aspinall Dam shall be constructed to a height which will impound not less than nine hundred and forty thousand acre-feet of water or will create a reservoir of such greater capacity as can be obtained by a high waterline located at seven thousand five hundred and twenty feet above mean sea level, and that construction thereof shall not be undertaken until the Secretary has, on the basis of further engineering and economic investigations, reexamined the economic justification of such unit and, accompanied by appropriate documentation in the form of a supplemental report, has certified to the Congress and to the President that, in his judgment, the benefits of such unit will exceed its costs; and (2) to construct, operate, and maintain the following additional reclamation projects (including power-generating and transmission facilities related thereto), hereinafter referred to as participating projects: Central Utah (initial phase and the Uintah unit), San Juan-Chama (initial stage), Emery County, Florida, Hammond, La Barge, Lyman, Navajo Indian, Paonia (including the Minnesota unit, a dam and reservoir on Muddy Creek just above its confluence with the North Fork of the Gunnison River, and other necessary works), Animas-La Plata, Dolores, Dallas Creek, West Divide, San Miguel, Seedskadee, Savery-Pot Hook, Bostwick Park, Fruitland Mesa, the Navajo-Gallup Water Supply Project, Silt and Smith Fork: Provided further, That as part of the Glen Canyon Unit the Secretary of the Interior shall take adequate protective measures to preclude impairment of the Rainbow Bridge National Monument.
(Apr. 11, 1956, ch. 203, §1, 70 Stat. 105; Pub. L. 87–483, §18, June 13, 1962, 76 Stat. 102; Pub. L. 88–568, §1, Sept. 2, 1964, 78 Stat. 852; Pub. L. 90–537, title V, §501(a), Sept. 30, 1968, 82 Stat. 896; Pub. L. 96–375, §7, Oct. 3, 1980, 94 Stat. 1507; Pub. L. 96–470, title I, §108(c), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 111–11, title X, §10401(a), Mar. 30, 2009, 123 Stat. 1371.)
Amendment of SectionFor termination of amendment by section 10701(e)(2) of Pub. L. 111–11, see Termination Date of 2009 Amendment note below.
CodificationThe provisions of subsec. (a) of section 501 of Pub. L. 90–537 which amended this section are only a part of said subsec. (a). The remainder of said subsec. (a) amended section 620a of this title and enacted provisions set out as notes under this section and section 620k of this title.
Amendments2009—Pub. L. 111–11, §§10401(a), 10701(e)(2), temporarily inserted “the Navajo-Gallup Water Supply Project,” after “Fruitland Mesa,” in cl. (2). See Termination Date of 2009 Amendment note below.
1980—Pub. L. 96–470 struck out proviso that construction of Uintah unit of Central Utah project not be undertaken by the Secretary until he has completed a feasibility report on such unit and submitted it to Congress, along with his certification that, in his judgment, the benefits of such unit or segment will exceed the cost and that such unit is physically and financially feasible, and that the Congress has authorized appropriations for construction thereof.
Pub. L. 96–375 substituted “Wayne N. Aspinall” for “Curecanti”.
1968—Pub. L. 90–537 added Uintah unit to initial phase in Central Utah project, substituted “Animas-La Plata, Dolores, Dallas Creek, West Divide, San Miguel” for “Pine River Extension”, and inserted proviso prohibiting construction of Uintah unit of Central Utah project until a feasibility study is made, a determination is made that its benefits will exceed its costs and an authorization for appropriations is made by Congress.
1964—Pub. L. 88–568 included Savery-Pot Hook, Bostwick Park, and Fruitland Mesa as participating projects.
1962—Pub. L. 87–483 included San Juan-Chama (initial stage) and Navajo Indian as participating projects in cl. (2).
Termination Date of 2009 AmendmentAmendment by Pub. L. 111–11 to be null and void on issuance of a court order terminating a certain Agreement and Contract between New Mexico, the Navajo Nation, and the United States, see section 10701(e)(2) of Pub. L. 111–11, set out as an Agreement note below.
Short TitleAct Apr. 11, 1956, which enacted this chapter, is popularly known as the “Colorado River Storage Project Act”.
Purpose of 1968 AmendmentSection 501(a) of Pub. L. 90–537 provided that the amendment of this section and section 620a of this title by such section 501(a) were made in order to provide for the construction, operation, and maintenance of the Animas-La Plata Federal reclamation project, Colorado-New Mexico; the Dolores, Dallas Creek, West Divide, and San Miguel Federal reclamation projects, Colorado; and the Central Utah project (Uintah Unit), Utah, as participating projects under the Colorado River Storage Project Act, and to provide for the completion of planning reports on other participating projects.
Effect on Federal Water LawPub. L. 111–11, title X, §10403, Mar. 30, 2009, 123 Stat. 1375, provided that: “Unless expressly provided in this subtitle [subtitle B (§§10301–10704) of title X of Pub. L. 111–11, enacting section 407, former section 615jj, and section 620n–1 of this title, amending this section, former section 615ss, and section 620o of this title, repealing former section 615jj of this title, and enacting provisions set out as notes under this section and section 407 of this title], nothing in this subtitle modifies, conflicts with, preempts, or otherwise affects—
“(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
“(2) the Boulder Canyon Project Adjustment Act (54 Stat. 774, chapter 643) [43 U.S.C. 618 et seq.];
“(3) the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) (43 U.S.C. 620 et seq.);
“(4) the Act of September 30, 1968 (commonly known as the ‘Colorado River Basin Project Act’) (82 Stat. 885) [43 U.S.C. 1501 et seq.];
“(5) Public Law 87–483 (76 Stat. 96) [former 43 U.S.C. 615ii et seq.];
“(6) the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 (59 Stat. 1219);
“(7) the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
“(8) the Compact;
“(9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
“(10) the Jicarilla Apache Tribe Water Rights Settlement Act (106 Stat. 2237); or
“(11) section 205 of the Energy and Water Development Appropriations Act, 2005 (118 Stat. 2949).”
[Section 10403 Pub. L. 111–11, set out above, to be null and void on issuance of a court order terminating a certain Agreement and Contract between New Mexico, the Navajo Nation, and the United States, see section 10701(e)(2) of Pub. L. 111–11, set out as an Agreement note below.]
[For definition of Compact, see section 10302 of Pub. L. 111–11, set out as a Definitions note under section 407 of this title.]
AgreementPub. L. 111–11, title X, §10701, Mar. 30, 2009, 123 Stat. 1396, provided that:
“(a)
“(1)
“(2)
“(A) any exhibits to the Agreement requiring the signature of the Secretary; and
“(B) any amendments to the Agreement necessary to make the Agreement consistent with this subtitle.
“(3)
“(4)
“(b)
“(1)
“(A)
“(B)
Diversion (acre-feet/year) | Depletion (acre-feet/year) | |
---|---|---|
Navajo Indian Irrigation Project | 508,000 | 270,000 |
Navajo-Gallup Water Supply Project | 22,650 | 20,780 |
Animas-La Plata Project | 4,680 | 2,340 |
Total | 535,330 | 293,120 |
“(C)
“(D)
“(2)
“(A) consistent with the Agreement; and
“(B) in the interest of conserving water or facilitating beneficial use by the Nation or a subcontractor of the Nation.
“(3)
“(A) use tail water, wastewater, and return flows attributable to a use of the water by the Nation or a subcontractor of the Nation if—
“(i) the depletion of water does not exceed the quantities described in paragraph (1); and
“(ii) the use of tail water, wastewater, or return flows is consistent with the terms, conditions, and limitations of the Agreement, and any other applicable law; and
“(B) change a point of diversion, change a purpose or place of use, and transfer a right for depletion under this subtitle (except for a point of diversion, purpose or place of use, or right for depletion for use in the State of Arizona under section 10603(b)(2)(D) [123 Stat. 1383]), to another use, purpose, place, or depletion in the State of New Mexico to meet a water resource or economic need of the Nation if—
“(i) the change or transfer is subject to and consistent with the terms of the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; and
“(ii) a change or transfer of water use by the Nation does not alter any obligation of the United States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract.
“(c)
“(1)
“(A)
“(B)
“(C)
“(D)
“(i) the date that is 180 days after the date on which the subcontract is submitted to the Secretary; and
“(ii) the date that is 60 days after the date on which a subcontractor complies with—
“(I) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)); and
“(II) any other requirement of Federal law.
“(E)
“(F)
“(G)
“(2)
“(A)
“(B)
“(3)
“(A) provides congressional authorization for the subcontracting rights of the Nation; and
“(B) is deemed to fulfill any requirement that may be imposed by section 2116 of the Revised Statutes (25 U.S.C. 177).
“(4)
“(5)
“(d)
“(1)
“(A)
“(i) is decreed to the Nation under the Agreement; and
“(ii) is not subject to the Contract.
“(B)
“(2)
“(A)
“(B)
“(3)
“(4)
“(A) provides congressional authorization for the lease, contracting, and transfer of any water right described in paragraph (1)(A); and
“(B) is deemed to fulfill any requirement that may be imposed by the provisions of section 2116 of the Revised Statutes (25 U.S.C. 177).
“(5)
“(e)
“(1)
“(A)
“(i)
“(ii)
“(iii)
“(iv)
“(v)
“(vi)
“(vii)
“(viii)
“(ix)
“(B)
“(2)
“(A)
“(B)
“(i) the Trust Fund shall be terminated;
“(ii) the balance of the Trust Fund shall be deposited in the general fund of the Treasury;
“(iii) the authorizations for construction and rehabilitation of water projects under this subtitle shall be revoked and any Federal activity related to that construction and rehabilitation shall be suspended; and
“(iv) this part and parts I and III [parts IV (§§10701–10704), I (§§10401–10403), and III (§§10601–10609) of subtitle B of title X of Pub. L. 111–11, enacting former section 615jj and section 620n–1 of this title, amending this section, former section 615ss, and section 620o of this title, repealing former section 615jj of this title, and enacting provisions set out as notes under this section] shall be null and void.
“(3)
“(A)
“(B)
“(i) A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 10606 [123 Stat. 1392].
“(ii) A failure—
“(I) to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona;
“(II) to obtain a necessary water right for the consumptive use of water in Arizona;
“(III) to contract for the delivery of water for use in Arizona; or
“(IV) to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project.
“(f)
“(1)
“(2)
[For definitions of terms used in section 10701 of Pub. L. 111–11, set out above, see section 10302 of Pub. L. 111–11, set out as a note under section 407 of this title.]
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