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43 U.S.C. § 620d — Upper Colorado River Basin Fund

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

43 U.S.C. § 620d — Upper Colorado River Basin Fund

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Source file: Laws/federal/codes/united-states-code/title-43/section-620d-upper-colorado-river-basin-fund--e6d95dd6a2.md
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Source location: Title 43, Chapter 12B, § 620d; chapter-12b-colorado-river-storage-project.md

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**(a) Authorization and availability** There is authorized a separate fund in the Treasury of the United States to be known as the Upper Colorado River Basin Fund (hereinafter referred to as the Basin Fund), which shall remain available until expended, as hereafter provided, for carrying out provisions of this chapter other than [section 620g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620g&num=0&edition=prelim). **(b) Crediting of appropriations** All appropriations made for the purpose of carrying out the provisions of this chapter, other than [section 620g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620g&num=0&edition=prelim) shall be credited to the Basin Fund as advances from the general fund of the Treasury. **(c) Crediting and availability of revenues** All revenues collected in connection with the operation of the Colorado River storage project and participating projects shall be credited to the Basin Fund, and shall be available, without further appropriation, for (1) defraying the costs of operation, maintenance, and replacements of, and emergency expenditures for, all facilities of the Colorado River storage project and participating projects, within such separate limitations as may be included in annual appropriation acts: Provided, That with respect to each participating project, such costs shall be paid from revenues received from each such project; (2) payment as required by subsection (d) of this section; and (3) payment as required by subsection (e) of this section. Revenues credited to the Basin Fund shall not be available for appropriation for construction of the units and participating projects authorized by or pursuant to this chapter. **(d) Payments of revenues in excess of operating needs to Treasury** Revenues in the Basin Fund in excess of operating needs shall be paid annually to the general fund of the Treasury to return— (1) the costs of each unit, participating project, or any separable feature thereof which are allocated to power pursuant to [section 620e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620e&num=0&edition=prelim), within a period not exceeding fifty years from the date of completion of such unit, participating project, or separable feature thereof; (2) the costs of each unit, participating project, or any separable feature thereof which are allocated to municipal water supply pursuant to [section 620e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620e&num=0&edition=prelim), within a period not exceeding fifty years from the date of completion of such unit, participating project, or separable feature thereof; (3) interest on the unamortized balance of the investment (including interest during construction) in the power and municipal water supply features of each unit, participating project, or any separable feature thereof, at a rate determined by the Secretary of the Treasury as provided in subsection (f), and interest due shall be a first charge; (4) the costs of each storage unit which are allocated to irrigation pursuant to [section 620e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620e&num=0&edition=prelim) within a period not exceeding fifty years; and (5) the costs of each salinity control unit or separable feature thereof, the costs of measures to replace incidental fish and wildlife values foregone, and the costs of the on-farm measures payable from the Upper Colorado River Basin Fund in accordance with sections 1595(a)(2), 1595(a)(3), and 1595(c) of this title. **(e) Apportionment of excess revenues among States** Revenues in the Basin Fund in excess of the amounts needed to meet the requirements of clause (1) of subsection (c) of this section, and to return to the general fund of the Treasury the costs set out in subsection (d) of this section, shall be apportioned among the States of the Upper Division in the following percentages: Colorado, 46 per centum; Utah, 21.5 per centum; Wyoming, 15.5 per centum; and New Mexico, 17 per centum: Provided, That prior to the application of such percentages, all revenues remaining in the Basin Fund from each participating project (or part thereof), herein or hereafter authorized, after payments, where applicable, with respect to such projects, to the general fund of the Treasury under subparagraphs (1), (2), and (3) of subsection (d) of this section shall be apportioned to the State in which such participating project, or part thereof, is located. Revenues so apportioned to each State shall be used only for the repayment of construction costs of participating projects or parts of such projects in the State to which such revenues are apportioned and shall not be used for such purpose in any other State without the consent, as expressed through its legally constituted authority, of the State to which such revenues are apportioned. Subject to such requirement, there shall be paid annually into the general fund of the Treasury from the revenues apportioned to each State (1) the costs of each participating project herein authorized (except Paonia) or any separable feature thereof, which are allocated to irrigation pursuant to [section 620e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620e&num=0&edition=prelim), within a period not exceeding fifty years, in addition to any development period authorized by law, from the date of completion of such participating project or separable feature thereof, or, in the case of Indian lands, payment in accordance with [section 620c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620c&num=0&edition=prelim); (2) costs of the Paonia project, which are beyond the ability of the water users to repay, within a period prescribed in the Act of June 25, 1947 (61 Stat. 181); and (3) costs in connection with the irrigation features of the Eden project as specified in the Act of June 28, 1949 (63 Stat. 277). **(f) Determination of interest rate** The interest rate applicable to each unit of the storage project and each participating project for purposes of computing interest during construction and interest on the unpaid balance 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 outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from the date of issue. **(g) Budget to be submitted to Congress** Business-type budgets shall be submitted to the Congress annually for all operations financed by the Basin Fund.

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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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

43 U.S.C. § 1591 — Salinity control policy

**(a) Implementation by Secretary of the Interior** The Secretary of the Interior shall implement the salinity control policy adopted for the Colorado River in the “Conclusions and Recommendations” published in the Proceedings of the Reconvened Seventh Session of the Conference in the Matter of Pollution of the Interstate Waters of the Colorado River and Its Tributaries in the States of California, Colorado, Utah, Arizona, Nevada, New Mexico, and Wyoming, held in Denver, Colorado, on April 26–27, 1972, under the authority of section 10 of the Federal Water Pollution Control Act ([33 U.S.C. 1160](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1160&num=0&edition=prelim)), and approved by the Administrator of the Environmental Protection Agency on June 9, 1972. **(b) Expeditious investigation, planning, and implementation of salinity control program** The Secretary is hereby directed to expedite the investigation, planning, and implementation of the salinity control program generally as described in chapter VI of the Secretary’s report entitled, “Colorado River Water Quality Improvement Program, February 1972”. In determining the relative priority of implementing additional units or new self-contained portions of units authorized by [section 1592 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1592&num=0&edition=prelim), the Secretary or the Secretary of Agriculture, as the case may be, shall give preference to those additional units or new self-contained portions of units which reduce salinity of the Colorado River at the least cost per unit of salinity reduction. **(c) Cooperation with other Federal agencies** In conformity with subsection (a) and the authority of the Environmental Protection Agenc

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1591

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

43 U.S.C. § 620c — Laws governing; irrigation repayment contracts; time for making contract; contracts for municipal water; payment by Indian lands; restricted delivery of water for excess commodity; apportionments of use

Except as otherwise provided in this chapter, in constructing, operating, and maintaining the units of the Colorado River storage project and the participating projects listed in [section 620 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620&num=0&edition=prelim), the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto): Provided, That (a) irrigation repayment contracts shall be entered into which, except as otherwise provided for the Paonia and Eden projects, provide for repayment of the obligation assumed thereunder with respect to any project contract unit over a period of not more than fifty years exclusive of any development period authorized by law; (b) prior to construction of irrigation distribution facilities, repayment contracts shall be made with an “organization” as defined in [section 485a(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section485a/g&num=0&edition=prelim) which has the capacity to levy assessments upon all taxable real property located within its boundaries to assist in making repayments, except where a substantial proportion of the lands to be served are owned by the United States; (c) contracts relating to municipal water supply may be made without regard to the limitations of the last sentence of [section 485h(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section485h/c&num=0&edition=prelim); and (d), as to Indian lands within, under or served by any participating project, payment of construction costs within the capability of the land to repay shall be subject to [section 386a of title 25](https://uscode.house.gov/view

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 620c

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

43 U.S.C. § 620e — Cost allocations; Indian lands; report to Congress

Upon completion of each unit, participating project or separable feature thereof, the Secretary shall allocate the total costs (excluding any expenditures authorized by [section 620g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620g&num=0&edition=prelim)) of constructing said unit, project or feature to power, irrigation, municipal water supply, flood control, navigation, or any other purposes authorized under reclamation law. Allocations of construction, operation and maintenance costs to authorized nonreimbursable purposes shall be nonreturnable under the provisions of this chapter. In the event that the Navajo participating project is authorized, the costs allocated to irrigation of Indian-owned tribal or restricted lands within, under, or served by such project, and beyond the capability of such lands to repay, shall be determined, and, in recognition of the fact that assistance to the Navajo Indians is the responsibility of the entire nation, such costs shall be nonreimbursable. On January 1 of each year the Secretary shall report to the Congress for the previous fiscal year, beginning with the fiscal year 1957, upon the status of the revenues from, and the cost of, constructing, operating, and maintaining the Colorado River storage project and the participating projects. The Secretary’s report shall be prepared to reflect accurately the Federal investment allocated at that time to power, to irrigation, and to other purposes, the progress of return and repayment thereon, and the estimated rate of progress, year by year, in accomplishing full repayment.

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 620e

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

43 U.S.C. § 620g — Recreational and fish and wildlife facilities

In connection with the development of the Colorado River storage project and of the participating projects, the Secretary is authorized and directed to investigate, plan, construct, operate, and maintain (1) public recreational facilities on lands withdrawn or acquired for the development of said project or of said participating projects, to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, and to provide for public use and enjoyment of the same and of the water areas created by these projects by such means as are consistent with the primary purposes of said projects; and (2) facilities to mitigate losses of, and improve conditions for, the propagation of fish and wildlife. The Secretary is authorized to acquire lands necessary for the construction, operation, and maintenance of the facilities herein provided, and to dispose of them to Federal, State, and local governmental agencies by lease, transfer, exchange, or conveyance upon such terms and conditions as will best promote their development and operation in the public interest. All costs incurred pursuant to this section shall be nonreimbursable and nonreturnable.

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 620g

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

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 620

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

43 U.S.C. § 620d–1 — Reimbursement of Fund from Colorado River Development Fund; operation of Hoover Dam

The Upper Colorado River Basin Fund established under [section 620d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620d&num=0&edition=prelim) shall be reimbursed from the Colorado River Development Fund established by [section 618a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a&num=0&edition=prelim) for the money expended heretofore or hereafter from the Upper Colorado River Basin Fund to meet deficiencies in generation at Hoover Dam during the filling period of storage units of the Colorado River storage project pursuant to the criteria for the filling of Glen Canyon Reservoir (27 Fed. Reg. 6851, July 19, 1962). For this purpose, $500,000 for each year of operation of Hoover Dam and powerplant, commencing with fiscal year 1970, shall be transferred from the Colorado River Development Fund to the Upper Colorado River Basin Fund, in lieu of application of said amounts to the purposes stated in [section 618a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a/d&num=0&edition=prelim), until such reimbursement is accomplished. To the extent that any deficiency in such reimbursement remains as of June 1, 1987, the amount of the remaining deficiency shall then be transferred to the Upper Colorado River Basin Fund from the Lower Colorado River Basin Development Fund, as provided in [section 1543(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1543/g&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 620d–1

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

43 U.S.C. § 620d — Upper Colorado River Basin Fund

Page 234 TITLE 43—PUBLIC LANDS § 620c–1 Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally to chapter 12 (§ 371 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Ta- bles. The Agricultural Act of 1949, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of Title 7, Ag- riculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables. § 620c–1. Laws governing priority of appropria- tion In the diversion and storage of water for any project or any parts thereof constructed under the authority of the Colorado River Basin Project Act [43 U.S.C. 1501 et seq.] or the Colo- rado River Storage Project Act [43 U.S.C. 620 et seq.] within and for the benefit of the State of Colorado only, the Secretary is directed to com- ply with the constitution and statutes of the State of Colorado relating to priority of appro- priation; with State and Federal court decrees entered pursuant thereto; and with operating principles, if any, adopted by the Secretary and approved by the State of Colorado. (Pub. L. 90–537, title V, § 501(e), Sept. 30, 1968, 82 Stat. 898.) Editorial Notes REFERENCES IN TEXT The Colorado River Basin Project Act, referred to in text, is Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, which is classified principally to chapter 32 (§ 1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. The Colorado River

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 620d

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