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43 U.S.C. § 390 — Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation
Federal law — U.S. Code and appendices · legal_authorities
On and after December 22, 1944, whenever the Secretary of the Army determines, upon recommendation by the Secretary of the Interior that any dam and reservoir project operated under the direction of the Secretary of the Army may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), such additional works in connection therewith as he may deem necessary for irrigation purposes. Such irrigation works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of the Congress by an authorization Act; and, within the limits of the water users’ repayment ability such report may be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other purposes. Dams and reservoirs operated under the direction of the Secretary of the Army may be utilized after December 22, 1944, for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now existing: Provided, That this section shall not apply to any dam or reservoir heretofore constructed in whole or in part by the Army engineers, which provides conservation storage of water for irrigation purposes. In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is
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Source file: Laws/federal/codes/united-states-code/title-43/section-390-utilization-of-dams-and-reservoir-projects-for-irrigation-purposes-addit--5198fb494b.md
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Source location: Title 43, Chapter 12, § 390; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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On and after December 22, 1944, whenever the Secretary of the Army determines, upon recommendation by the Secretary of the Interior that any dam and reservoir project operated under the direction of the Secretary of the Army may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), such additional works in connection therewith as he may deem necessary for irrigation purposes. Such irrigation works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of the Congress by an authorization Act; and, within the limits of the water users’ repayment ability such report may be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other purposes. Dams and reservoirs operated under the direction of the Secretary of the Army may be utilized after December 22, 1944, for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now existing: Provided, That this section shall not apply to any dam or reservoir heretofore constructed in whole or in part by the Army engineers, which provides conservation storage of water for irrigation purposes. In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem reasonable, for the interim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1303
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings of Secretary** No expenditures for the construction of any new project, new division of a project, or new supplemental works on a project shall be made, nor shall estimates be submitted therefor, by the Secretary until after he has made an investigation thereof and has submitted to the President and to the Congress his report and findings on—
(1) the engineering feasibility of the proposed construction;
(2) the estimated cost of the proposed construction;
(3) the part of the estimated cost which can properly be allocated to irrigation and probably be repaid by the water users;
(4) the part of the estimated cost which can properly be allocated to power and probably be returned to the United States in net power revenues;
(5) the part of the estimated cost which can properly be allocated to municipal water supply or other miscellaneous purposes and probably be returned to the United States.
If the proposed construction is found by the Secretary to have engineering feasibility and if the repayable and returnable allocations to irrigation, power, and municipal water supply or other miscellaneous purposes found by the Secretary to be proper, together with any allocation to flood control or navigation made under subsection (b) of this section, equal the total estimated cost of construction as determined by the Secretary, then the new project, new division of a project, or supplemental works on a project, covered by his findings, shall be deemed authorized and may be undertaken by the Secretary. If all such allocations do not equal said total estimated cost, then said new project, new division, or new supplemental works may be undertaken by the Secretary only after provision therefor has been made by Act of Congress enacted after the Secretary has submitted
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 485h
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Federal law — U.S. Code and appendices · legal_authorities
When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title—
**(a)** The word “Secretary” means the Secretary of the Interior.
**(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.
**(c)** The words “reclamation fund” mean the fund provided by the reclamation law.
**(d)** The word “project” means a Federal irrigation project authorized by the reclamation law.
**(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 371
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; periodic review and revision; confirmation and approval by Federal Energy Regulatory Commission**
(1) The Administrator shall establish, and periodically review and revise, rates for the sale and disposition of electric energy and capacity and for the transmission of non-Federal power. Such rates shall be established and, as appropriate, revised to recover, in accordance with sound business principles, the costs associated with the acquisition, conservation, and transmission of electric power, including the amortization of the Federal investment in the Federal Columbia River Power System (including irrigation costs required to be repaid out of power revenues) over a reasonable period of years and the other costs and expenses incurred by the Administrator pursuant to this chapter and other provisions of law. Such rates shall be established in accordance with sections 9 and 10 of the Federal Columbia River Transmission System Act ([16 U.S.C. 838](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section838&num=0&edition=prelim)) [[16 U.S.C. 838g](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section838g&num=0&edition=prelim) and 838h], section 5 of the Flood Control Act of 1944 [[16 U.S.C. 825s](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section825s&num=0&edition=prelim)], and the provisions of this chapter.
(2) Rates established under this section shall become effective only, except in the case of interim rules as provided in subsection (i)(6), upon confirmation and approval by the Federal Energy Regulatory Commission upon a finding by the Commission, that such rates—
(A) are sufficient to assure repayment of the Federal investment in the Federal Columbia River Power System over
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839e
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Federal law — U.S. Code and appendices · legal_authorities
Nothing contained in this chapter shall be construed to alter, amend, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 944, 59 Stat. 1219), the Flood Control Act of 1944 (58 Stat. 887), the decree entered by the Supreme Court of the United States in Arizona v. California, and others (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057) [[43 U.S.C. 617](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) et seq.], the Boulder Canyon Project Adjustment Act (54 Stat. 774; [43 U.S.C. 618a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a&num=0&edition=prelim)) [[43 U.S.C. 618](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618&num=0&edition=prelim) et seq.], the Colorado River Storage Project Act (70 Stat. 105; [43 U.S.C. 620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620&num=0&edition=prelim)) [[43 U.S.C. 620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620&num=0&edition=prelim) et seq.], the Colorado River Basin Project Act (82 Stat. 885; [43 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1501&num=0&edition=prelim)) [[43 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1501&num=0&edition=prelim) et seq.]. Furthermore, nothing contained in this chapter shall be construed as indicating an intent on the part of the Congress to change the existing relationship of other Federal laws to the law of a State, or a political subdivisi
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1600g
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Declaration of policy** It is declared to be the policy of the Congress to recognize the primary responsibilities of the States and local interests in developing water supplies for domestic, municipal, industrial, and other purposes and that the Federal Government should participate and cooperate with States and local interests in developing such water supplies in connection with the construction, maintenance, and operation of Federal navigation, flood control, irrigation, or multiple purpose projects.
**(b) Storage in reservoir projects; agreements for payment of cost of construction or modification of projects** In carrying out the policy set forth in this section, it is provided that storage may be included in any reservoir project surveyed, planned, constructed or to be planned, surveyed and/or constructed by the Corps of Engineers or the Bureau of Reclamation to impound water for present or anticipated future demand or need for municipal or industrial water, and the reasonable value thereof may be taken into account in estimating the economic value of the entire project: Provided, That the cost of any construction or modification authorized under the provisions of this section shall be determined on the basis that all authorized purposes served by the project shall share equitably in the benefits of multiple purpose construction, as determined by the Secretary of the Army or the Secretary of the Interior, as the case may be: Provided further, That before construction or modification of any project including water supply provisions for present demand is initiated, State or local interests shall agree to pay for the cost of such provisions in accordance with the provisions of this section: And provided further, That (1) for Corps of Engineers projects, not to
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390b
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Federal law — U.S. Code and appendices · legal_authorities
Sections 390c to 390f of this title are applicable to all dams and reservoirs heretofore or hereafter constructed by the United States Government (acting through the Corps of Engineers of the United States Army) wherein either a part of the construction cost thereof shall have been contributed or may be contributed by States or local interests (hereinafter called “local interests”) or local interests have acquired or may acquire rights to utilize certain storage space thereof by making payments during the period of such use as specified in the agreement with the Government and wherein the amount of money paid, exclusive of interest, is equivalent to the cost of providing that part of such dam and reservoir which is allocated to such use, whether such share of cost shall have been determined by the “incremental cost” method or by the “separable costs-remaining benefits” method or by any other method. Included among the dams and reservoirs affected by sections 390c to 390f of this title are those constructed by the Corps of Engineers of the Department of the Army, but nothing in sections 390c to 390f of this title shall be construed to affect or modify [section 390 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390d
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Federal law — U.S. Code and appendices · legal_authorities
Page 92
TITLE 43—PUBLIC LANDS
§ 389
Statutory Notes and Related Subsidiaries
DEFINITIONS
The definitions in section 485a of this title apply to
this section.
§ 389. Relocation of highways, railroads, trans-
mission lines, etc., exchange of water, water
rights or electric energy
The Secretary is authorized, in connection
with the construction or operation and mainte-
nance of any project, (a) to purchase or condemn
suitable lands or interests in lands for reloca-
tion of highways, roadways, railroads, telegraph,
telephone, or electric transmission lines, or any
other properties whatsoever, the relocation of
which in the judgment of the Secretary is neces-
sitated by said construction or operation and
maintenance, and to perform any or all work in-
volved in said relocations on said lands or inter-
ests in lands, other lands or interests in lands
owned and held by the United States in connec-
tion with the construction or operation and
maintenance of said project, or properties not
owned by the United States; (b) to enter into
contracts with the owners of said properties
whereby they undertake to acquire any or all
property needed for said relocation, or to per-
form any or all work involved in said reloca-
tions; and (c) for the purpose of effecting com-
pletely said relocations, to convey or exchange
Government properties acquired or improved
under (a) above, with or without improvements,
or other properties owned and held by the
United States in connection with the construc-
tion or operation and maintenance of said
project, or to grant perpetual easements therein
or thereover. Grants or conveyances hereunder
shall be by instruments executed by the Sec-
retary without regard to provisions of law gov-
erning the patenting of public lands.
The S
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 390
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