43 U.S.C. § 1572 — Canal or canal lining

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. Page 417 TITLE 43—PUBLIC LANDS § 1576 (Pub. L. 93–320, title I, § 102, June 24, 1974, 88 Stat. 268.) § 1573. Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs (a) The Secretary is authorized to: (1) Construct, operate, and maintain, con- sistent with Minute No. 242, well fields capable of furnishing approximately one hundred and sixty thousand acre-feet of water per year for use in the United States and for delivery to Mexico in satisfaction of the 1944 Mexican Water Treaty. (2) Acquire by purchase, eminent domain, or exchange, to the extent determined by him to be appropriate, approximately twenty-three thousand five hundred acres of lands or inter- ests therein with approximately five miles of the Mexican border on the Yuma Mesa: Pro- vided, however, That any such lands which are presently owned by the State of Arizona may be acquired or exchanged for Federal lands. (3) Any lands removed from the jurisdiction of the Yuma Mesa Irrigation and Drainage District pursuant to clause (2) of this sub- section which were available for use under the Gila Reauthorization Act (61 Stat. 628) [43 U.S.C. 613 et. seq.], shall be replaced with like lands within or adjacent to the Yuma Mesa di- vision of the project. In the development of these substituted lands or any other lands within the Gila project, the Secretary may provide for full utilization of the Gila Gravity Main Canal in addition to contracted capac- ities. (4) Effective October 1, 1979, and to such ex- tent and in such amounts as are provided in advance in appropriation Acts, enter into con- tracts under the terms and conditions of the Act of June 17, 1902 (43 U.S.C. 371 et seq.) as amended and supplemented for the delivery of water from said well field to entities within the United States for municipal and industrial or irrigation purposes: Provided, That such contracts for municipal and industrial pur- poses shall contain terms and conditions as substantially provided in section 485h(c)(1) of this title, and that contracts for replacement irrigation water supplies to prevent damage to existing water users on privately developed lands include water charges no greater than if such water users had continued to pump their own wells without the United States lowering the water table and that the acreage limita- tion and related provisions of the Reclamation Law will not be applicable to such privately developed lands: Provided further, That no con- tract shall be entered which will impair the ability of the United States to continue to de- liver to Mexico on the land boundary at San Luis and in the Limitrophe Section of the Col- orado River downstream from Morelos Dam approximately one hundred and forty thou- sand acre-feet annually, consistent with the terms contained in Minute No. 242 of the IBWC. (b) The cost of work provided for in this sec- tion, including delivery of water to Mexico, shall be nonreimbursable; except to the extent that the waters furnished are used in the United States. (Pub. L. 93–320, title I, § 103, June 24, 1974, 88 Stat. 269; Pub. L. 96–336, § 3, Sept. 4, 1980, 94 Stat. 1063.) Editorial Notes REFERENCES IN TEXT The Gila Reauthorization Act, referred to in subsec. (a)(3), 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. Act of June 17, 1902, referred to in subsec. (a)(4), is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. The IBWC, referred to in subsec. (a)(4), is identified in section 1571 of this title. AMENDMENTS 1980—Subsec. (a)(4). Pub. L. 96–336 added par. (4). § 1574. Modification of projects The Secretary is authorized to provide for modifications of the projects authorized by this subchapter to the extent he determines appro- priate for purposes of meeting the international settlement objective of this subchapter at the lowest overall cost to the United States. No funds for any such modification shall be ex- pended until the expiration of sixty days after the proposed modification has been submitted to the appropriate committees of the Congress, un- less the Congress approves an earlier date by concurrent resolution. The Secretary shall no- tify the Governors of the Colorado River Basin States of such modifications. (Pub. L. 93–320, title I, § 104, June 24, 1974, 88 Stat. 270.) § 1575. Contract authority The Secretary is authorized to enter into con- tracts that he deems necessary to carry out the provisions of this subchapter in advance of the appropriation of funds therefor. (Pub. L. 93–320, title I, § 105, June 24, 1974, 88 Stat. 270.) § 1575a. Administration and disposition of lands and constructed facilities; revenues credited to general fund of Treasury The Secretary is hereby authorized to admin- ister and dispose of lands and interests in lands acquired, and facilities constructed under this subchapter, and revenues received in connection with this authority shall be credited to the gen- eral fund of the Treasury. (Pub. L. 93–320, title I, § 106, as added Pub. L. 96–336, § 4, Sept. 4, 1980, 94 Stat. 1064.) Editorial Notes PRIOR PROVISIONS A prior section 106 of Pub. L. 93–320 was renumbered section 107 and is classified to section 1576 of this title. § 1576. Interagency cooperation In carrying out the provisions of this sub- chapter, the Secretary shall consult and cooper-