43 U.S.C. § 1527 — Fish and wildlife conservation and devel-

Page 405 TITLE 43—PUBLIC LANDS § 1527 (Pub. L. 90–537, title III, § 304, Sept. 30, 1968, 82 Stat. 891; Pub. L. 102–575, title XXXVII, § 3710(k), Oct. 30, 1992, 106 Stat. 4751; Pub. L. 108–451, title II, § 212(d), Dec. 10, 2004, 118 Stat. 3528.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1), (f)(1), 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. (c), 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. CODIFICATION Subsec. (g) of this section, which restricted the use of water from the projects authorized by this chapter for the production of basic agricultural commodities on newly irrigated lands for a period of ten years from Sept. 30, 1968, was omitted. AMENDMENTS 2004—Subsec. (f)(1). Pub. L. 108–451, § 212(d)(1), added par. (1) and struck out former par. (1) which read as fol- lows: ‘‘In the operation of the Central Arizona Project, the Secretary shall offer to contract with water users in New Mexico for water from the Gila River, its tribu- taries and underground water sources in amounts that will permit consumptive use of water in New Mexico of not to exceed an annual average in any period of ten consecutive years of eighteen thousand acre-feet, in- cluding reservoir evaporation, over and above the con- sumptive uses provided for by article IV of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340). Such increased con- sumptive uses shall not begin until, and shall continue only so long as, delivery of Colorado River water to downstream Gila River users in Arizona is being ac- complished in accordance with this chapter, in quan- tities sufficient to replace any diminution of their sup- ply resulting from such diversion from the Gila River, its tributaries and underground water sources. In deter- mining the amount required for this purpose full con- sideration shall be given to any differences in the qual- ity of the waters involved.’’ Subsec. (f)(2), (3). Pub. L. 108–451, § 212(d)(2), (3), redes- ignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘The Secretary shall further offer to contract with water users in New Mexico for water from the Gila River, its tributaries, and under- ground water sources in amounts that will permit con- sumptive uses of water in New Mexico of not to exceed an annual average in any period of ten consecutive years of an additional thirty thousand acre-feet, in- cluding reservoir evaporation. Such further increases in consumptive use shall not begin until, and shall con- tinue only so long as, works capable of augmenting the water supply of the Colorado River system have been completed and water sufficiently in excess of two mil- lion eight hundred thousand acre-feet per annum is available from the main stream of the Colorado River for consumptive use in Arizona to provide water for the exchanges herein authorized and provided. In deter- mining the amount required for this purpose full con- sideration shall be given to any differences in the qual- ity of the waters involved.’’ 1992—Subsec. (c)(3). Pub. L. 102–575 repealed cl. (3) which read as follows: ‘‘neither the contractor nor the Secretary shall pump or permit others to pump ground water from within the exterior boundaries of the serv- ice area of a contractor receiving water from the Cen- tral Arizona Project for any use outside said contrac- tor’s service area unless the Secretary and such con- tractor shall agree, or shall have previously agreed, that a surplus of ground water exists and that drainage is or was required.’’ Statutory Notes and Related Subsidiaries TRANSPORTATION OF WATER PUMPED WITHIN BOUNDARY Pub. L. 102–575, title XXXVII, § 3710(k), Oct. 30, 1992, 106 Stat. 4751, provided in part that: ‘‘This subsection [amending this section] does not authorize transpor- tation of water pumped within the exterior boundary of a Federal reclamation project established prior to Sep- tember 30, 1968, pursuant to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 391) [see Short Title note set out under section 371 of this title], as amended and supple- mented, across project boundaries.’’ § 1525. Cost of main stream water of Colorado River To the extent that the flow of the main stream of the Colorado River is augmented in order to make sufficient water available for release, as determined by the Secretary pursuant to article II(b)(1) of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340), to satisfy annual consumptive use of two million eight hundred thousand acre-feet in Arizona, four million four hundred thousand acre-feet in California, and three hundred thou- sand acre-feet in Nevada, respectively, the Sec- retary shall make such water available to users of main stream water in those States at the same costs (to the extent that such costs can be made comparable through the nonreimbursable allocation to the replenishment of the defi- ciencies occasioned by satisfaction of the Mexi- can Treaty burden as herein provided and finan- cial assistance from the development fund estab- lished by section 1543 of this title) and on the same terms as would be applicable if main stream water were available for release in the quantities required to supply such consumptive use. (Pub. L. 90–537, title III, § 305, Sept. 30, 1968, 82 Stat. 893.) § 1526. Water salvage programs The Secretary shall undertake programs for water salvage and ground water recovery along and adjacent to the main stream of the Colorado River. Such programs shall be consistent with maintenance of a reasonable degree of undistrib- uted habitat for fish and wildlife in the area, as determined by the Secretary. (Pub. L. 90–537, title III, § 306, Sept. 30, 1968, 82 Stat. 893.) § 1527. Fish and wildlife conservation and devel- opment The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the project works authorized pursuant to this sub- chapter shall be in accordance with the provi- sions of the Federal Water Project Recreation Act (79 Stat. 213) [16 U.S.C. 460l–12 et seq.], ex- cept as provided in section 1522 of this title. Page 406 TITLE 43—PUBLIC LANDS § 1528 (Pub. L. 90–537, title III, § 308, Sept. 30, 1968, 82 Stat. 893.) Editorial Notes REFERENCES IN TEXT The Federal Water Project Recreation Act, referred to in text, is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, which is classified principally to part C (§ 460l–12 et seq.) of subchapter LXIX of chapter 1 of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of Title 16 and Tables. § 1528. Authorization of appropriations (a) There is hereby authorized to be appro- priated for construction of the Central Arizona Project, including prepayment for power genera- tion and transmission facilities but exclusive of distribution and drainage facilities for non-In- dian lands, $832,180,000 plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved therein and, in addition thereto, such sums as may be required for operation and maintenance of the project. (b) There is also authorized to be appropriated $100,000,000 for construction of distribution and drainage facilities for non-Indian lands plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construc- tion costs as indicated by engineering and cost indices applicable to the types of construction involved therein from September 30, 1968: Pro- vided, That the Secretary shall enter into agree- ments with non-Federal interests to provide not less than 20 per centum of the total cost of such facilities during the construction of such facili- ties. Notwithstanding the provisions of section 1543 of this title, neither appropriations made pursuant to the authorization contained in this subsection nor revenues collected in connection with the operation of such facilities shall be credited to the Lower Colorado River Basin De- velopment Fund and payments shall not be made from that fund to the general fund of the Treasury to return any part of the costs of con- struction, operation, and maintenance of such facilities. (Pub. L. 90–537, title III, § 309, Sept. 30, 1968, 82 Stat. 893; Pub. L. 97–373, Dec. 20, 1982, 96 Stat. 1817.) Editorial Notes AMENDMENTS 1983—Subsec. (b). Pub. L. 97–373 substituted ‘‘There is also authorized to be appropriated $100,000,000 for con- struction of distribution and drainage facilities for non-Indian lands plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering and cost indices applicable to the types of construction involved therein from September 30, 1968: Provided, That the Sec- retary shall enter into agreements with non-Federal in- terests to provide not less than 20 per centum of the total cost of such facilities during the construction of such facilities’’ for ‘‘There is also authorized to be ap- propriated $100,000,000 for construction of distribution and drainage facilities for non-Indian lands’’. SUBCHAPTER IV—LOWER COLORADO RIVER BASIN DEVELOPMENT FUND § 1541. Allocation of costs; repayment Upon completion of each lower basin unit of the project herein or hereafter authorized, or separate feature thereof, the Secretary shall al- locate the total costs of constructing said unit or features to (1) commercial power, (2) irriga- tion, (3) municipal and industrial water supply, (4) flood control, (5) navigation, (6) water qual- ity control, (7) recreation, (8) fish and wildlife, (9) the replenishment of the depletion of Colo- rado River flows available for use in the United States occasioned by performance of the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), and (10) any other purposes authorized under the Federal rec- lamation laws. Costs of construction, operation, and maintenance allocated to the replenishment of the depletion of Colorado River flows avail- able for use in the United States occasioned by compliance with the Mexican Water Treaty (in- cluding losses in transit, evaporation from regu- latory reservoirs, and regulatory losses at the Mexican boundary, incurred in the transpor- tation, storage, and delivery of water in dis- charge of the obligations of that treaty) shall be nonreimbursable: Provided, That the non- reimbursable allocation shall be made on a pro rata basis to be determined by the ratio between the amount of water required to comply with the Mexican Water Treaty and the total amount of water by which the Colorado River is aug- mented pursuant to the investigations author- ized subchapter II of this chapter and any future Congressional authorization. The repayment of costs allocated to recreation and fish and wild- life enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213) [16 U.S.C. 460l–12 et seq.]: Provided, That all of the separable and joint costs allocated to recreation and fish and wildlife enhancement as a part of the Dixie project, Utah, shall be nonreimbursable. Costs allocated to nonreimbursable purposes shall be nonreturnable under the provisions of this chap- ter. (Pub. L. 90–537, title IV, § 401, Sept. 30, 1968, 82 Stat. 894.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in par. (10), are identified in section 1554 of this title. The Federal Water Project Recreation Act, referred to in text, is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, which is classified principally to part C (§ 460l–12 et seq.) of subchapter LXIX of chapter 1 of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of Title 16 and Tables. This chapter, referred to in text, 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 sections 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 classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.