43 U.S.C. § 1571 — Water quality improvement

Page 414 TITLE 43—PUBLIC LANDS § 1571 Sec. 1575. Contract authority. 1575a. Administration and disposition of lands and constructed facilities; revenues credited to general fund of Treasury. 1576. Interagency cooperation. 1577. Existing Federal laws not modified. 1578. Authorization of appropriations. 1579. Fish and wildlife habitat; mitigation of losses. 1580. Definitions. SUBCHAPTER II—MEASURES UPSTREAM FROM IMPERIAL DAM 1591. Salinity control policy. 1592. Authorization to construct, operate, and maintain salinity control units and salinity control programs. 1593. Planning reports; research and demonstration projects. 1594. Colorado River Basin Salinity Control Advi- sory Council. 1595. Salinity control units; authority and func- tions of the Secretary of the Interior. 1596. Biennial report to President, Congress, and Advisory Council. 1597. Construction of provisions of subchapter. 1598. Achieving project objectives. 1599. Definitions. SUBCHAPTER I—PROGRAMS DOWNSTREAM FROM IMPERIAL DAM § 1571. Water quality improvement (a) Authority to proceed with program The Secretary of the Interior, hereinafter re- ferred to as the ‘‘Secretary’’, is authorized and directed to proceed with a program of works of improvement for the enhancement and protec- tion of the quality of water available in the Col- orado River for use in the United States and the Republic of Mexico, and to enable the United States to comply with its obligations under the agreement with Mexico of August 30, 1973 (Minute No. 242 of the International Boundary and Water Commission, United States and Mex- ico), concluded pursuant to the Treaty of Feb- ruary 3, 1944 (TS 994), in accordance with the provisions of this chapter. (b) Desalting complexes and plants (1) The Secretary is authorized to construct, operate, and maintain a desalting complex, in- cluding (1) a desalting plant to reduce the salin- ity of drain water from the Wellton-Mohawk di- vision of the Gila project, Arizona (hereinafter referred to as the division), including a pretreatment plant for settling, softening, and filtration of the drain water to be desalted; (2) the necessary appurtenant works including the intake pumping plant system, product water- line, power transmission facilities, and perma- nent operating facilities; (3) the necessary ex- tension in the United States and Mexico of the existing bypass drain to carry the reject stream from the desalting plant and other drainage wa- ters to the Santa Clara Slough in Mexico, with the part in Mexico, subject to arrangements made pursuant to subsection (d); (4) replacement of the metal flume in the existing main outlet drain extension with a concrete siphon; (5) re- duction of the quantity of irrigation return flows through acquisition of lands to reduce the size of the division, and irrigation efficiency im- provements to minimize return flows; (6) acquire on behalf of the United States such lands or in- terest in lands in the Painted Rock Reservoir as may be necessary to operate the project in ac- cordance with the obligations of Minute No. 242, and (7) all associated facilities including roads, railroad spur, and transmission lines. (2)(A) The desalting plant shall be designed to treat approximately one hundred and twenty- nine million gallons a day of drain water using advanced technology commercially available. The plant shall effect recovery initially of not less than 70 per centum of the drain water as product water, and shall effect reduction of not less than 90 per centum of the dissolved solids in the feed water. The Secretary shall use sources of electric power supply for the desalting com- plex that will not diminish the supply of power to preference customers from Federal power sys- tems operated by the Secretary. (B) The Secretary is authorized to use elec- trical power and energy available from the Nav- ajo Generating Station which is in excess of the Central Arizona Project pumping requirements for the purpose of supplying power and energy requirements of the desalting plant and protec- tive pumping well field constructed pursuant to this subchapter: Provided, That revenues cred- ited to the Lower Colorado River Basin Develop- ment Fund shall not be diminished below those amounts which would have accrued had the power been marketed at the rate determined by the Secretary of Energy for the sale of power from the Navajo Generating Station to utilities and public entities, as a result of the use of power and energy for the desalting, protective pumping works, and other uses authorized by law, and that power and energy from the Navajo Generating Station shall be used first to meet the pumping requirements of the Central Ari- zona Project and after those needs have been met, for the desalting and protective pumping facilities constructed pursuant to this sub- chapter, and finally for other uses: Provided fur- ther, That prior to obtaining power from the Navajo Generating Station under the authority of this subsection, the Secretary shall complete an analysis of alternative sources of supply, in- cluding but not limited to the possibility of de- veloping an agreement with the Republic of Mexico whereby the United States (or a non- Federal entity) would enter into contractual ar- rangements with Mexico for a sufficient supply of power to operate the desalting plant, the reg- ulatory pumping fields and appurtenant facili- ties. (C) Effective October 1, 1979, and to such ex- tent and in such amounts as are provided in ad- vance in appropriation Acts, the Secretary of the Interior is authorized to purchase supple- mental power and energy as required for the purposes of supplying the power and energy re- quirements of the desalting plant and protective pumping well field. (c) Replacement water studies Replacement of the reject stream from the desalting plant, Colorado River waters used for the mitigation of fish and wildlife habitat losses and of any Wellton-Mohawk drainage water by- passed to the Santa Clara Slough to accomplish Page 415 TITLE 43—PUBLIC LANDS § 1571 essential operation except at such times when there exists surplus water of the Colorado River under the terms of the Mexican Water Treaty of 1944, is recognized as a national obligation as provided in section 1512 of this title. Studies to identify feasible measures to provide adequate replacement water shall be completed not later than June 30, 1980. Said studies shall be limited to potential sources within the States of Ari- zona, California, Colorado, New Mexico, and those portions of Nevada, Utah, and Wyoming which are within the natural drainage basin of the Colorado River. Measures found necessary to replace the reject stream from the desalting plant, Colorado River waters used for the miti- gation of fish and wildlife habitat losses and any Wellton-Mohawk drainage bypassed to the Santa Clara Slough to accomplish essential op- erations may be undertaken independently of the national obligation set forth in section 1512 of this title. (d) Advancement of funds for that portion of by- pass drain within Mexico The Secretary is hereby authorized to advance funds to the United States section, Inter- national Boundary and Water Commission (IBWC), for construction, operation, and mainte- nance by Mexico pursuant to Minute No. 242 of that portion of the bypass drain within Mexico. Such funds shall be transferred to an appro- priate Mexican agency, under arrangements to be concluded by the IBWC providing for the con- struction, operation, and maintenance of such facility by Mexico. (e) Desalted water exchange Any desalted water not needed for the pur- poses of this subchapter may be exchanged at prices and under terms and conditions satisfac- tory to the Secretary and the proceeds there- from shall be deposited in the General Fund of the Treasury. The city of Yuma, Arizona, shall have first right of refusal to any such water. (f) Return flow reduction For the purpose of reducing the return flows from the division to one hundred and seventy- five thousand acre-feet or less, annually, the Secretary is authorized to: (1) Accelerate the cooperative program of Ir- rigation Management Services with the Wellton-Mohawk Irrigation and Drainage Dis- trict, hereinafter referred to as the district, for the purpose of improving irrigation effi- ciency. The district shall bear its share of the cost of such program as determined by the Secretary. (2) Acquire by purchase or through eminent domain or exchange, to the extent determined by him to be appropriate, lands or interests in lands to reduce the existing seventy-five thou- sand developed and undeveloped irrigable acres authorized by the Act of July 30, 1947 (61 Stat. 628), known as the Gila Reauthorization Act [43 U.S.C. 613 et seq.]. The initial reduc- tion in irrigable acreage shall be limited to ap- proximately ten thousand acres. If the Sec- retary determines that the irrigable acreage of the division must be reduced below sixty-five thousand acres of irrigable lands to carry out the purpose of this section, the Secretary is authorized, with the consent of the district, to acquire additional lands, as may be deemed by him to be appropriate. (g) Disposal of acquired lands The Secretary is authorized to dispose of the acquired lands and interests therein on terms and conditions satisfactory to him and meeting the objective of this chapter. (h) Assistance to water users for installation of system improvements The Secretary is authorized, either in conjunc- tion with or in lieu of land acquisition, to assist water users in the division in installing system improvements, such as ditch lining, change of field layouts, automatic equipment, sprinkler systems and bubbler systems, as a means of in- creasing irrigation efficiencies: Provided, how- ever, That all costs associated with the improve- ments authorized herein and allocated to the water users on the basis of benefits received, as determined by the Secretary, shall be reim- bursed to the United States in amounts and on terms and conditions satisfactory to the Sec- retary. (i) Contract amendment The Secretary is authorized to amend the con- tract between the United States and the district dated March 4, 1952, as amended, to provide that— (1) the portion of the existing repayment ob- ligation owing to the United States allocable to irrigable acreage eliminated from the divi- sion for the purposes of this subchapter, as de- termined by the Secretary, shall be non- reimbursable; and (2) if deemed appropriate by the Secretary, the district shall be given credit against its outstanding repayment obligation to offset any increase in operation and maintenance as- sessments per acre which may result from the district’s decreased operation and mainte- nance base, all as determined by the Sec- retary. (j) Acquisition of land for storage The Secretary is authorized to acquire through the Corps of Engineers fee title to, or other necessary interests in, additional lands above the Painted Rock Dam in Arizona that are required for the temporary storage capacity needed to permit operation of the dam and res- ervoir in times of serious flooding in accordance with the obligations of the United States under Minute No. 242. No funds shall be expended for acquisition of land or interests therein until it is finally determined by a Federal court of com- petent jurisdiction that the Corps of Engineers presently lacks legal authority to use said lands for this purpose. Nothing contained in this sub- chapter nor any action taken pursuant to it shall be deemed to be a recognition or admission of any obligation to the owners of such land on the part of the United States or a limitation or deficiency in the rights or powers of the United States with respect to such lands or the oper- ation of the reservoir. (k) Transfer of funds To the extent desirable to carry out sub- sections (f)(1) and (h), the Secretary may trans- Page 416 TITLE 43—PUBLIC LANDS § 1572 fer funds to the Secretary of Agriculture as may be required for technical assistance to farmers, conduct of research and demonstrations, and such related investigations as are required to achieve higher on-farm irrigation efficiencies. (l) Nonreimbursable costs All cost associated with the desalting complex shall be nonreimbursable except as provided in subsections (f) and (h). (Pub. L. 93–320, title I, § 101, June 24, 1974, 88 Stat. 266; Pub. L. 96–336, §§ 1, 2, Sept. 4, 1980, 94 Stat. 1063.) Editorial Notes REFERENCES IN TEXT Act of July 30, 1947 (61 Stat. 628), known as the Gila Reauthorization Act, referred to in subsec. (f)(2), is act July 30, 1947, ch. 382, 61 Stat. 628, which was classified generally to subchapter XXI (§ 613 et seq.) of chapter 12 of this title, and was omitted from the Code. AMENDMENTS 1980—Subsec. (b)(2). Pub. L. 96–336, § 1, designated ex- isting provisions as subpar. (A), struck out requirement that all costs associated with the desalting plant be nonreimbursable, and added subpars. (B) and (C). Subsec. (c). Pub. L. 96–336, § 2, included replacement water studies covering reject stream from the Colorado River waters used for the mitigation of fish and wildlife habitat losses. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–183, § 1, Dec. 23, 2024, 138 Stat. 2625, pro- vided that: ‘‘This Act [amending section 1595 of this title] may be cited as the ‘Colorado River Salinity Con- trol Fix Act’.’’ SHORT TITLE Pub. L. 93–320, § 1, June 24, 1974, 88 Stat. 266, provided: ‘‘That this Act [enacting this chapter and amending sections 620d and 1543 of this title] may be cited as the ‘Colorado River Basin Salinity Control Act’.’’ § 1572. Canal or canal lining (a) Authorization of construction To assist in meeting salinity control objec- tives of Minute No. 242 during an interim period, the Secretary is authorized to construct a new concrete-lined canal or, to line the presently un- lined portion of the Coachella Canal of the Boul- der Canyon project, California, from station 2 plus 26 to the beginning of siphon numbered 7, a length of approximately forty-nine miles. The United States shall be entitled to temporary use of a quantity of water, for the purpose of meet- ing the salinity control objectives of Minute No. 242, during an interim period, equal to the quan- tity of water conserved by constructing or lining the said canal. The interim period shall com- mence on completion of construction or lining said canal and shall end the first year that the Secretary delivers main stream Colorado River water to California in an amount less than the sum of the quantities requested by (1) the Cali- fornia agencies under contracts made pursuant to section 617d of this title, and (2) Federal es- tablishments to meet their water rights ac- quired in California in accordance with the Su- preme Court decree in Arizona against Cali- fornia (376 U.S. 340). (b) Repayment The charges for total construction shall be re- payable without interest in equal annual install- ments over a period of forty years beginning in the year following completion of construction: Provided, That, repayment shall be prorated be- tween the United States and the Coachella Val- ley County Water District, and the Secretary is authorized to enter into a repayment contract with Coachella Valley County Water District for that purpose. Such contract shall provide that annual repayment installments shall be non- reimbursable during the interim period, defined in subsection (a) and shall provide that after the interim period, said annual repayment install- ments or portions thereof, shall be paid by Coachella Valley County Water District. (c) Acquisition of private lands The Secretary is authorized to acquire by pur- chase, eminent domain, or exchange private lands or interests therein, as may be determined by him to be appropriate, within the Imperial Ir- rigation District on the Imperial East Mesa which receive, or which have been granted rights to receive, water from Imperial Irrigation District’s capacity in the Coachella Canal. Costs of such acquisitions shall be nonreimbursable and the Secretary shall return such lands to the public domain. The United States shall not ac- quire any water rights by reason of this land ac- quisition. (d) Credit to Imperial Irrigation District against final payments for relinquished capacity in Coachella Canal The Secretary is authorized to credit Imperial Irrigation District against its final payments for certain outstanding construction charges pay- able to the United States on account of capacity to be relinquished in the Coachella Canal as a result of the canal lining program, all as deter- mined by the Secretary: Provided, That, relin- quishment of capacity shall not affect the estab- lished basis for allocating operation and mainte- nance costs of the main All-American Canal to existing contractors. (e) Transfer of lands to Cocopah Tribe of Indians The Secretary is authorized and directed to cede the following land to the Cocopah Tribe of Indians, subject to rights-of-way for existing levees, to be held in trust by the United States for the Cocopah Tribe of Indians: Township 9 south, range 25 west of the Gila and Salt River meridian, Arizona; Section 25: Lots 18, 19, 20, 21, 22, and 23; Section 26: Lots 1, 12, 13, 14, and 15; Section 27: Lot 3; and all accretion to the above described lands. The Secretary is authorized and directed to con- struct three bridges, one of which shall be capa- ble of accommodating heavy vehicular traffic, over the portion of the bypass drain which crosses the reservation of the Cocopah Tribe of Indians. The transfer of lands to the Cocopah In- dian Reservation and the construction of bridges across the bypass drain shall constitute full and complete payment to said tribe for the rights-of- way required for construction of the bypass drain and electrical transmission lines for works authorized by this subchapter.