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43 U.S.C. § 618m — Effect on existing laws and States’ rights

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 618m — Effect on existing laws and States’ rights

Nothing in this subchapter shall be construed as interfering with such rights as the States had on July 19, 1940, either to the waters within their borders or to adopt such policies and enact such laws as they deem necessary with respect to the appropriation, control, and use of waters within their borders, except as modified by the Colorado River compact or other interstate agreement. Neither the promulgation of charges, or the basis of charges, nor anything contained in this subchapter, or done thereunder, shall in anywise affect, limit, or prejudice any right of any State in or to the waters of the Colorado River system under the Colorado River compact. Sections 13(b), 13(c), and 13(d) of the Project Act [[43 U.S.C. 617](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim)l(b), (c), and (d)] and all other provisions of said Project Act [[43 U.S.C. 617](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) et seq.] not inconsistent with the terms of this subchapter shall remain in full force and effect.

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Source location: Title 43, Chapter 12A, § 618m; chapter-12a-boulder-canyon-project.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 618k — Definitions

The following terms wherever used in this subchapter shall have the following respective meanings:

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43 U.S.C. § 617 — Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain

For the purpose of controlling the floods, improving navigation, and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior subject to the terms of the Colorado River compact hereinafter mentioned in this chapter, is authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: Provided, however, That no charge shall be made for water for the use, storage, or delivery of water for irrigation or water for potable purposes in the Imperial or Coachella Valleys; also to construct and equip, operate, and maintain at or near said dam, or

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 617 — Colorado River Basin; protection and de-

Page 209 TITLE 43—PUBLIC LANDS § 617 Sec. 618i. Effective date. 618j. Effect of refusal to modify existing contracts. 618k. Definitions. 618l. Repealed. 618m. Effect on existing laws and States’ rights. 618n. Wages of employees. 618o. Short title. 618p. Omitted. SUBCHAPTER III—HOOVER DAM CONTRACTS AND FACILITIES 619. Increase in capacity of existing generating equipment at Hoover Powerplant; construc- tion of Colorado River bridge crossing. 619a. Renewal contracts for power. 619b. Reimbursement of funds advanced by non- Federal purchasers; uprating program; re- payment requirement; visitor facilities pro- gram. Statutory Notes and Related Subsidiaries CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS CHAPTER Act May 28, 1954, ch. 241, 68 Stat. 143, provided that: ‘‘For the purposes of effecting economies and in- creased efficiency in the construction, operation, and maintenance thereof and of accounting for the return of reimbursable costs, the Secretary of the Interior is authorized and directed to consolidate and administer as a single project to be known as the Parker-Davis project, Arizona-California-Nevada, the projects known as the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada: Provided, That nothing in this Act shall be construed to alter or affect in any way the Boulder Canyon Project Act (45 Stat. 1057) [subchapter I of this chapter], the Boulder Canyon Project Adjustment Act (54 Stat. 774) [sub- chapter II of this chapter], or the treaty between the United States of America and the United Mexican States, signed at Washington on February 3, 1944, relat- ing to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande from Fort Quitman, Texas, to th

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 618m — Effect on existing laws and States’ rights

Page 222 TITLE 43—PUBLIC LANDS § 618k § 618k. Definitions The following terms wherever used in this sub- chapter shall have the following respective meanings: ‘‘Project Act’’ shall mean the Boulder Canyon Project Act [43 U.S.C. 617 et seq.]; ‘‘Project’’ shall mean the works authorized by the Project Act to be constructed and owned by the United States, exclusive of the main canal and appurtenances mentioned therein, now known as the All-American Canal; ‘‘Secretary’’ shall mean the Secretary of the Interior of the United States; ‘‘Firm energy’’ and ‘‘allottees’’ shall have the meaning assigned to such terms in regulations promulgated before July 19, 1940, by the Sec- retary and in effect on July 19, 1940; ‘‘Replacements’’ shall mean such replace- ments as may be necessary to keep the project in good operating condition beginning June 1, 1937, but shall not include (except where used in conjunction with the word ‘‘emergency’’ or the words ‘‘however necessitated’’) replacements made necessary by any act of God, or of the pub- lic enemy, or by any major catastrophe; and ‘‘Year of operation’’ shall mean the period from and including June 1 of any calendar year to and including May 31 of the following cal- endar year. (July 19, 1940, ch. 643, § 12, 54 Stat. 778; Pub. L. 98–381, title I, § 104(a)(6), Aug. 18, 1984, 98 Stat. 1335.) Editorial Notes REFERENCES IN TEXT The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classi- fied generally to subchapter I (§ 617 et seq.) of this chap- ter. For complete classification of this Act to the Code, see section 617t of this title and Tables. AMENDMENTS 1984—Pub. L. 98–381 substituted ‘‘beginning June 1, 1937’’ for ‘‘during the period from June 1, 1

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