43 U.S.C. § 1521 — Central Arizona Project

Page 400 TITLE 43—PUBLIC LANDS § 1512 sources of the western United States authorized by the Colorado River Basin Project Act [43 U.S.C. 1501 et seq.]. (Pub. L. 91–611, title II, § 203, Dec. 31, 1970, 84 Stat. 1828.) 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 this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. CODIFICATION Section was not enacted as part of the Colorado River Basin Project Act which comprises this chapter. § 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 pursu- ant to section 1511 of this title and authorized by the Congress. Accordingly, the States of the Upper Division (Colorado, New Mexico, Utah, and Wyoming) and the States of the Lower Divi- sion (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 Sec- retary 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 aug- menting the water supply available in the Colo- rado River below Lee Ferry by two and one-half million acre-feet shall be authorized by the Con- gress and is in operation as provided in this chapter. (Pub. L. 90–537, title II, § 202, Sept. 30, 1968, 82 Stat. 887.) Editorial Notes REFERENCES IN TEXT 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. § 1513. Importation of water; protection of ex- porting areas (a) In the event that the Secretary shall, pur- suant to section 1511 of this title, plan works to import water into the Colorado River system from sources outside the natural drainage areas of the system, he shall make provision for ade- quate and equitable protection of the interests of the States and areas of origin, including as- sistance from funds specified in this chapter, to the end that water supplies may be available for use in such States and areas of origin adequate to satisfy their ultimate requirements at prices to users not adversely affected by the expor- tation of water to the Colorado River system. (b) All requirements, present or future, for water within any State lying wholly or in part within the drainage area of any river basin from which water is exported by works planned pursu- ant to this chapter shall have a priority of right in perpetuity to the use of the waters of that river basin, for all purposes, as against the uses of the water delivered by means of such expor- tation works, unless otherwise provided by interstate agreement. (Pub. L. 90–537, title II, § 203, Sept. 30, 1968, 82 Stat. 887.) Editorial Notes REFERENCES IN TEXT 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 below and Ta- bles. § 1514. Authorization of appropriations There are authorized to be appropriated such sums as are required to carry out the purposes of this subchapter. (Pub. L. 90–537, title II, § 204, Sept. 30, 1968, 82 Stat. 887.) SUBCHAPTER III—AUTHORIZED UNITS; PROTECTION OF EXISTING USES § 1521. Central Arizona Project (a) Construction and operation; Hayden-Rhodes Aqueduct and pumping plants; Orme Dam and Reservoir; Buttes Dam and Reservoir; Hooker Dam and Reservoir; Charleston Dam and Reservoir; Tucson aqueducts and pump- ing plants; Fannin-McFarland Aqueduct; re- lated and appurtenant works For the purposes of furnishing irrigation water and municipal water supplies to the water-defi- cient areas of Arizona and western New Mexico through direct diversion or exchange of water, control of floods, conservation and development of fish and wildlife resources, enhancement of recreation opportunities, and for other purposes, the Secretary shall construct, operate, and maintain the Central Arizona Project, con- sisting of the following principal works: (1) a system of main conduits and canals, including a main canal and pumping plants (Hayden-Rhodes Aqueduct and pumping plants), for diverting and carrying water from Lake Havasu to Orme Dam Page 401 TITLE 43—PUBLIC LANDS § 1522 or suitable alternative, which system may have a capacity of 3,000 cubic feet per second or what- ever lesser capacity is found to be feasible: Pro- vided, That any capacity in the Hayden-Rhodes Aqueduct in excess of 2,500 cubic feet per second shall be utilized for the conveyance of Colorado River water only when Lake Powell is full or re- leases of water are made from Lake Powell to prevent the reservoir from exceeding elevation 3,700 feet above mean sea level or when releases are made pursuant to the proviso in section 1552(a)(3) of this title: Provided further, That the costs of providing any capacity in excess of 2,500 cubic feet per second shall be repaid by those funds available to Arizona pursuant to the pro- vision of section 1543(f) of this title, or by funds from sources other than the development fund; (2) Orme Dam and Reservoir and power pumping plant or suitable alternative; (3) Buttes Dam and Reservoir, which shall be so operated as not to prejudice the rights of any user in and to the waters of the Gila River as those rights are set forth in the decree entered by the United States District Court for the District of Arizona on June 29, 1935, in United States against Gila Val- ley Irrigation District and others (Globe Equity Numbered 59); (4) Hooker Dam and Reservoir or suitable alternative, which shall be constructed in such a manner as to give effect to the provi- sions of subsection (f) of section 1524 of this title; (5) Charleston Dam and Reservoir; (6) Tuc- son aqueducts and pumping plants; (7) Fannin- McFarland Aqueduct; (8) related canals, regu- lating facilities, hydroelectric powerplants, and electric transmission facilities required for the operation of said principal works; (9) related water distribution and drainage works; and (10) appurtenant works. (b) Limitation on water diversions in years of in- sufficient main stream Colorado River water Article II(B)(3) of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340) shall be so administered that in any year in which, as determined by the Secretary, there is insufficient main stream Col- orado River water available for release to sat- isfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, Cali- fornia, and Nevada, diversions from the main stream for the Central Arizona Project shall be so limited as to assure the availability of water in quantities sufficient to provide for the aggre- gate annual consumptive use by holders of present perfected rights, by other users in the State of California served under existing con- tracts with the United States by diversion works heretofore constructed, and by other ex- isting Federal reservations in that State, of four million four hundred thousand acre-feet of mainstream water, and by users of the same character in Arizona and Nevada. Water users in the State of Nevada shall not be required to bear shortages in any proportion greater than would have been imposed in the absence of this sub- section. This subsection shall not affect the rel- ative priorities, among themselves, of water users in Arizona, Nevada, and California which are senior to diversions for the Central Arizona Project, or amend any provisions of said decree. (c) Augmentation of water supply of Colorado River system The limitation stated in subsection (b) of this section shall not apply 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 make sufficient mainstream water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada. (Pub. L. 90–537, title III, § 301, Sept. 30, 1968, 82 Stat. 887; Pub. L. 100–345, § 2(b), June 24, 1988, 102 Stat. 643; Pub. L. 102–575, title XIII, § 1302, Oct. 30, 1992, 106 Stat. 4662.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(7). Pub. L. 102–575 substituted ‘‘Fannin-McFarland Aqueduct’’ for ‘‘Salt-Gila aque- ducts’’. 1988—Subsec. (a)(1). Pub. L. 100–345 substituted ‘‘Hay- den-Rhodes Aqueduct’’ for ‘‘Granite Reef aqueduct’’ in two places. Statutory Notes and Related Subsidiaries DESIGNATION OF SALT-GILA AQUEDUCT AS FANNIN- MCFARLAND AQUEDUCT Sections 1301 and 1302 of Pub. L. 102–575 provided that: ‘‘SEC. 1301. DESIGNATION. ‘‘The Salt-Gila Aqueduct of the Central Arizona Project, constructed, operated, and maintained under section 301(a)(7) of the Colorado River Basin Project Act (43 U.S.C. 1521(a)(7)), hereafter shall be known and designated as the ‘Fannin-McFarland Aqueduct’. ‘‘SEC. 1302. REFERENCES. ‘‘Any reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in section 1301 hereby is deemed to be a reference to the ‘Fannin-McFarland Aqueduct’.’’ DESIGNATION OF GRANITE REEF AQUEDUCT AS HAYDEN- RHODES AQUEDUCT Pub. L. 100–345, § 2, June 24, 1988, 102 Stat. 643, pro- vided that: ‘‘(a) The Granite Reef Aqueduct of the Central Ari- zona project, constructed, operated, and maintained under section 301(a)(1) of the Colorado River Basin [Project] Act (43 U.S.C. 1521(a)(1)), hereafter shall be known and designated as the ‘Hayden-Rhodes Aque- duct’. ‘‘(b) Any reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in subsection (a) hereby is deemed to be a reference to the ‘Hayden-Rhodes Aqueduct’.’’ § 1522. Orme Dam and Reservoir (a) Acquisition of lands of Salt River Pima-Mari- copa Indian Community and Fort McDowell- Apache Indian Community; relocation; emi- nent domain The Secretary shall designate the lands of the Salt River Pima-Maricopa Indian Community, Arizona, and the Fort McDowell-Apache Indian Community, Arizona, or interests therein, and any allotted lands or interests therein within said communities which he determines are nec- essary for use and occupancy by the United States for the construction, operation, and