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43 U.S.C. § 1552 — Criteria for long-range operation of reservoirs

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43 U.S.C. § 1552 — Criteria for long-range operation of reservoirs

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Source location: Title 43, Chapter 32, § 1552; chapter-032-colorado-river-basin-project.md

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**(a) Promulgation by Secretary; order of priorities** In order to comply with and carry out the provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, and the Mexican Water Treaty, the Secretary shall propose criteria for the coordinated long-range operation of the reservoirs constructed and operated under the authority of the Colorado River Storage Project Act [[43 U.S.C. 620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620&num=0&edition=prelim) et seq.], the Boulder Canyon 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.], and the Boulder Canyon Project Adjustment Act [[43 U.S.C. 618](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618&num=0&edition=prelim) et seq.]. To effect in part the purposes expressed in this paragraph, the criteria shall make provision for the storage of water in storage units of the Colorado River storage project and releases of water form Lake Powell in the following listed order of priority: (1) releases to supply one-half the deficiency described in article III(c) of the Colorado River Compact, if any such deficiency exists and is chargeable to the States of the Upper Division, but in any event such releases, if any, shall not be required in any year that the Secretary makes the determination and issues the proclamation specified in [section 1512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1512&num=0&edition=prelim); (2) releases to comply with article III(d) of the Colorado River Compact, less such quantities of water delivered into the Colorado River below Lee Ferry to the credit of the States of the Upper Division from other sources; and (3) storage of water not required for the releases specified in clauses (1) and (2) of this subsection to the extent that the Secretary, after consultation with the Upper Colorado River Commission and representatives of the three Lower Division States and taking into consideration all relevant factors (including, but not limited to, historic stream-flows, the most critical period of record, and probabilities of water supply), shall find this to be reasonably necessary to assure deliveries under clauses (1) and (2) without impairment of annual consumptive uses in the upper basin pursuant to the Colorado River Compact: Provided, That water not so required to be stored shall be released from Lake Powell: (i) to the extent it can be reasonably applied in the States of the Lower Division to the uses specified in article III(e) of the Colorado River Compact, but no such releases shall be made when the active storage in Lake Powell is less than the active storage in Lake Mead, (ii) to maintain, as nearly as practicable, active storage in Lake Mead equal to the active storage in Lake Powell, and (iii) to avoid anticipated spills from Lake Powell. **(b) Submittal of criteria for review and comment; publication; report to Congress** Not later than January 1, 1970, the criteria proposed in accordance with the foregoing subsection (a) of this section shall be submitted to the Governors of the seven Colorado River Basin States and to such other parties and agencies as the Secretary may deem appropriate for their review and comment. After receipt of comments on the proposed criteria, but not later than July 1, 1970, the Secretary shall adopt appropriate criteria in accordance with this section and publish the same in the Federal Register. Beginning January 1, 1972, and yearly thereafter, the Secretary shall transmit to the Congress and to the Governors of the Colorado River Basin States a report describing the actual operation under the adopted criteria for the preceding compact water year and the projected operation for the current year. As a result of actual operating experience or unforeseen circumstances, the Secretary may thereafter modify the criteria to better achieve the purposes specified in subsection (a) of this section, but only after correspondence with the Governors of the seven Colorado River Basin States and appropriate consultation with such State representatives as each Governor may designate. **(c) Powerplant operations** Section 7 of the Colorado River Storage Project Act [[43 U.S.C. 620f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620f&num=0&edition=prelim)] shall be administered in accordance with the foregoing criteria.

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43 U.S.C. § 620f — Powerplant operations

The hydroelectric powerplants and transmission lines authorized by this chapter to be constructed, operated, and maintained by the Secretary shall be operated in conjunction with other Federal powerplants, present and potential, so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates, but in the exercise of the authority hereby granted he shall not affect or interfere with the operation of the provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, the Boulder Canyon 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.], the Boulder Canyon Project Adjustment Act [[43 U.S.C. 618](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618&num=0&edition=prelim) et seq.], and any contract lawfully entered into under said Compacts and Acts. Subject to the provisions of the Colorado River Compact, neither the impounding nor the use of water for the generation of power and energy at the plants of the Colorado River storage project shall preclude or impair the appropriation of water for domestic or agricultural purposes pursuant to applicable State law.

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31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

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43 U.S.C. § 1512 — Mexican Water Treaty

The Congress declares that the satisfaction of the requirements of the Mexican Water Treaty from the Colorado River constitutes a national obligation which shall be the first obligation of any water augmentation project planned pursuant to [section 1511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1511&num=0&edition=prelim) and authorized by the Congress. Accordingly, the States of the Upper Division (Colorado, New Mexico, Utah, and Wyoming) and the States of the Lower Division (Arizona, California, and Nevada) shall be relieved from all obligations which may have been imposed upon them by article III(c) of the Colorado River Compact so long as the Secretary shall determine and proclaim that means are available and in operation which augment the water supply of the Colorado River system in such quantity as to satisfy the requirements of the Mexican Water Treaty together with any losses of water associated with the performance of that treaty: Provided, That the satisfaction of the requirements of the Mexican Water Treaty (Treaty Series 994, 59 Stat. 1219), shall be from the waters of the Colorado River pursuant to the treaties, laws, and compacts presently relating thereto, until such time as a feasibility plan showing the most economical means of augmenting the water supply available in the Colorado River below Lee Ferry by two and one-half million acre-feet shall be authorized by the Congress and is in operation as provided in this chapter.

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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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43 U.S.C. § 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

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

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43 U.S.C. § 618 — Promulgation of charges for electrical energy

The Secretary of the Interior is authorized and directed to, and he shall, promulgate charges, or the basis of computation thereof, for electrical energy generated at Hoover Dam beginning June 1, 1937, computed to be sufficient, together with other net revenues from the project, to accomplish the following purposes: **(a)** To meet the cost of operation and maintenance, and to provide for replacements, of the project beginning June 1, 1937; **(b)** To repay to the Treasury, with interest, the advances to the Colorado River Dam Fund for the project made prior to June 1, 1937, within fifty years from that date (excluding advances allocated to flood control by [section 617a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617a/b&num=0&edition=prelim), which shall be repayable as provided in [section 618f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618f&num=0&edition=prelim)), and such advances made on and after June 1, 1937, over fifty-year periods; **(c)** To provide $600,000 for each of the years and for the purposes specified in [section 618a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a/c&num=0&edition=prelim); **(d)** To provide $500,000 for each of the years and for the purposes specified in [section 618a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a/d&num=0&edition=prelim); and **(e)** To provide, by application of the increments to rates specified in section 403(c)(2) of the Colorado River Basin Project Act of 1968, as amended and supplemented [[43 U.S.C. 1543(c)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1543/c/2&num=0&edition=p

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43 U.S.C. § 617t — Short title

The short title of this subchapter shall be “Boulder Canyon Project Act.”

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43 U.S.C. § 1552 — Criteria for long-range operation of res-

Page 412 TITLE 43—PUBLIC LANDS § 1552 under the jurisdiction and supervision of the Secretary, and in the operation and mainte- nance of all works which may be authorized hereafter for the augmentation of the water sup- ply of the Colorado River system. In the event of failure of any such officer or agency to so com- ply, any affected State may maintain an action to enforce the provisions of this section in the Supreme Court of the United States and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise. (Pub. L. 90–537, title VI, § 601, Sept. 30, 1968, 82 Stat. 899.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, known as the Colorado River Basin Project Act, which enacted this chapter and sec- tions 616aa–1, 620a–1, 620a–2, 620c–1, and 620d–1 of this title, amended sections 616hh, 620, and 620a of this title, and enacted provisions set out as notes under sections 620, 620k, and 1501 of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. The Boulder Canyon Project Act, referred to in sub- sec. (a), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classified generally to subchapter I (§ 617 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 617t of this title and Tables. The Boulder Canyon Project Adjustment Act, re- ferred to in subsec. (a), is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§ 618 et seq.) of chapter 12A of this title. For complete classification of this A

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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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43 U.S.C. § 618 — Promulgation of charges for electrical en-

Page 217 TITLE 43—PUBLIC LANDS § 618 islature of each of such States and by the Con- gress of the United States. (Dec. 21, 1928, ch. 42, § 19, 45 Stat. 1065.) § 617s. Recognition of rights of Mexico to Colo- rado River waters Nothing in this subchapter shall be construed as a denial or recognition of any rights, if any, in Mexico to the use of the waters of the Colo- rado River system. (Dec. 21, 1928, ch. 42, § 20, 45 Stat. 1066.) § 617t. Short title The short title of this subchapter shall be ‘‘Boulder Canyon Project Act.’’ (Dec. 21, 1928, ch. 42, § 21, 45 Stat. 1066.) § 617u. Lease of reserved lands in Boulder City, Nevada; disposition of revenues The Secretary of the Interior is authorized and empowered, under such rules and regulations as he may prescribe, to establish rental rates for the lease of reserved lands of the United States situate within the exterior boundaries of Boul- der City, Nevada, and, without prior advertising, to enter into leases therefor at not less than rates so established and for periods not exceed- ing fifty-three years from the date of such leases: Provided, That all revenues which may accrue to the United States under the provisions of such leases shall be deposited in the Treasury and credited to the Colorado River Dam fund es- tablished by section 617a of this title. (June 18, 1940, ch. 395, 54 Stat. 437.) Editorial Notes CODIFICATION Section was not enacted as part of the Boulder Can- yon Project Act which comprises this subchapter. Statutory Notes and Related Subsidiaries BOULDER CITY ACT OF 1958 Public Law 85–900, Sept. 2, 1958, 72 Stat. 1726, provided for disposal of certain Federal property in Boulder City for purposes of establishment of a municipal corpora- tion incorporated under laws of Nevada. § 61

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