43 U.S.C. § 1543 — Lower Colorado River Basin Development

Page 407 TITLE 43—PUBLIC LANDS § 1543 § 1542. Repayment capability of Indian lands The Secretary shall determine the repayment capability of Indian lands within, under, or served by any unit of the project. Construction costs allocated to irrigation of Indian lands (in- cluding provision of water for incidental domes- tic and stock water uses) and within the repay- ment capability of such lands shall be subject to section 386a of title 25, and such costs that are beyond repayment capability of such lands shall be nonreimbursable. (Pub. L. 90–537, title IV, § 402, Sept. 30, 1968, 82 Stat. 894.) § 1543. Lower Colorado River Basin Development Fund (a) Establishment There is hereby established a separate fund in the Treasury of the United States to be known as the Lower Colorado River Basin Development Fund (hereafter called the ‘‘development fund’’), which shall remain available until expended as hereafter provided. (b) Appropriations (1) All appropriations made for the purpose of carrying out the provisions of subchapter III of this chapter shall be credited to the develop- ment fund as advances from the general fund of the Treasury, and shall be available for such purpose. (2) Except as provided in section 1528(b) of this title, sums advanced by non-Federal entities for the purpose of carrying out the provisions of subchapter III of this chapter shall be credited to the development fund and shall be available without further appropriation for such purpose. (c) Revenues credited to fund There shall also be credited to the develop- ment fund— (1) all revenues collected in connection with the operation of facilities authorized in sub- chapter III in furtherance of the purposes of this chapter (except entrance, admission, and other recreation fees or charges and proceeds received from recreation concessionaires), until completion of repayment requirements of the Central Arizona project; (2) any Federal revenues from the Boulder Canyon and Parker-Davis projects which, after completion of repayment requirements of the said Boulder Canyon and Parker-Davis projects, are surplus, as determined by the Secretary, to the operation, maintenance, and replacement requirements of those projects: Provided, however, That for the Boulder Can- yon project commencing June 1, 1987, and for the Parker-Davis project commencing June 1, 2005, and until the end of the repayment period for the Central Arizona project described in section 1521(a) of this title, the Secretary of Energy shall provide for surplus revenues by including the equivalent of 41⁄2 mills per kilowatthour in the rates charged to pur- chasers in Arizona for application to the pur- poses specified in subsection (f) of this section and by including the equivalent 21⁄2 mills per kilowatthour in the rates charged to pur- chasers in California and Nevada for applica- tion to the purposes of subsection (g) of this section as amended and supplemented: Pro- vided further, That after the repayment period for said Central Arizona project, the equiva- lent of 21⁄2 mills per kilowatthour shall be in- cluded by the Secretary of Energy in the rates charged to purchasers in Arizona, California, and Nevada to provide revenues for applica- tion to the purposes of said subsection (g) of this section: Provided, however, That the Sec- retary is authorized and directed to continue the in-lieu-of-tax payments to the States of Arizona and Nevada provided for in section 618a(c) of this title so long as revenues accrue from the operation of the Boulder Canyon project; and (3) any Federal revenues from that portion of the Pacific Northwest-Pacific Southwest intertie located in the States of Nevada and Arizona which, after completion of repayment requirements of the said part of the Pacific Northwest-Pacific Southwest intertie located in the States of Nevada and Arizona, are sur- plus, as determined by the Secretary, to the operation, maintenance, and replacement re- quirements of said portion of the Pacific Northwest-Pacific Southwest intertie and re- lated facilities. (d) Use of revenue funds All moneys collected and credited to the de- velopment fund pursuant to subsection (b) and clauses (1) and (3) of subsection (c) of this sec- tion and the portion of revenues derived from the sale of power and energy for use in Arizona pursuant to clause (2) of subsection (c) of this section shall be available, without further ap- propriation, for— (1) defraying the costs of operation, mainte- nance, and replacements of, and emergency ex- penditures for, all facilities of the projects, within such separate limitations as may be in- cluded in annual appropriation Acts; and (2) payments to reimburse water users in the State of Arizona for losses sustained as a re- sult of diminution of the production of hydro- electric power at Coolidge Dam, Arizona, re- sulting from exchanges of water between users in the States of Arizona and New Mexico as set forth in section 1524(f) of this title. (e) Appropriation by Congress required for con- struction of works Except as provided in subsection (f), revenues credited to the development fund shall not be available for construction of the works com- prised within any unit of the project herein or hereafter authorized except upon appropriation by the Congress. (f) Additional uses of revenue funds (1) Crediting against Central Arizona Water Conservation District payments Funds credited to the development fund pur- suant to subsection (b) and paragraphs (1) and (3) of subsection (c), the portion of revenues derived from the sale of power and energy for use in the State of Arizona pursuant to sub- section (c)(2) in excess of the amount nec- essary to meet the requirements of paragraphs (1) and (2) of subsection (d), and any annual payment by the Central Arizona Water Con- Page 408 TITLE 43—PUBLIC LANDS § 1543 servation District to effect repayment of reim- bursable Central Arizona Project construction costs, shall be credited annually against the annual payment owed by the Central Arizona Water Conservation District to the United States for the Central Arizona Project. (2) Further use of revenue funds credited against payments of Central Arizona Water Conservation District After being credited in accordance with paragraph (1), the funds and portion of reve- nues described in that paragraph shall be available annually, without further appropria- tion, in order of priority— (A) to pay annually the fixed operation, maintenance, and replacement charges asso- ciated with the delivery of Central Arizona Project water held under long-term con- tracts for use by Arizona Indian tribes (as defined in section 2 of the Arizona Water Settlements Act) in accordance with clause 8(d)(i)(1)(i) of the Repayment Stipulation (as defined in section 2 of the Arizona Water Settlements Act); (B) to make deposits, totaling $53,000,000 in the aggregate, in the Gila River Indian Com- munity Water OM&R Trust Fund established by section 208 of the Arizona Water Settle- ments Act; (C) to pay $147,000,000 for the rehabilitation of the San Carlos Irrigation Project, of which not more than $25,000,000 shall be available annually consistent with attach- ment 6.5.1 of exhibit 20.1 of the Gila River agreement, except that the total amount of $147,000,000 shall be increased or decreased, as appropriate, based on ordinary fluctua- tions since January 1, 2000, in construction cost indices applicable to the types of con- struction involved in the rehabilitation; (D) in addition to amounts made available for the purpose through annual appropria- tions, as reasonably allocated by the Sec- retary without regard to any trust obliga- tion on the part of the Secretary to allocate the funding under any particular priority and without regard to priority (except that payments required by clause (i) shall be made first)— (i) to make deposits totaling $66,000,000, adjusted to reflect changes since January 1, 2004, in the construction cost indices ap- plicable to the types of construction in- volved in construction of the New Mexico Unit, into the New Mexico Unit Fund as provided by section 212(i) of the Arizona Water Settlements Act in 10 equal annual payments beginning in 2012; (ii) upon satisfaction of the conditions set forth in subsections (j) and (k) of sec- tion 212, to pay certain of the costs associ- ated with construction of the New Mexico Unit, in addition to any amounts that may be expended from the New Mexico Unit Fund, in a minimum amount of $34,000,000 and a maximum amount of $62,000,000, as provided in section 212 of the Arizona Water Settlements Act, as adjusted to re- flect changes since January 1, 2004, in the construction cost indices applicable to the types of construction involved in construc- tion of the New Mexico Unit; (iii) to pay the costs associated with the construction of distribution systems re- quired to implement the provisions of— (I) the contract entered into between the United States and the Gila River In- dian Community, numbered 6–07–03–W0345, and dated July 20, 1998; (II) section 3707(a)(1) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (106 Stat. 4747); and (III) section 304 of the Southern Ari- zona Water Rights Settlement Amend- ments Act of 2004; (iv) to pay $52,396,000 for the rehabilita- tion of the San Carlos Irrigation Project as provided in section 203(d)(4) of the Arizona Water Settlements Act, of which not more than $9,000,000 shall be available annually, except that the total amount of $52,396,000 shall be increased or decreased, as appro- priate, based on ordinary fluctuations since January 1, 2000, in construction cost indices applicable to the types of construc- tion involved in the rehabilitation; (v) to pay other costs specifically identi- fied under— (I) sections 213(g)(1) and 214 of the Ari- zona Water Settlements Act; and (II) the Southern Arizona Water Rights Settlement Amendments Act of 2004; (vi) to pay a total of not more than $250,000,000 to the credit of the Future In- dian Water Settlement Subaccount of the Lower Colorado Basin Development Fund, for use for Indian water rights settlements in Arizona approved by Congress after the date of enactment of this Act, subject to the requirement that, notwithstanding any other provision of this chapter, any funds credited to the Future Indian Water Settlement Subaccount that are not used in furtherance of a congressionally ap- proved Indian water rights settlement in Arizona by December 31, 2030, shall be re- turned to the main Lower Colorado Basin Development Fund for expenditure on au- thorized uses pursuant to this chapter, provided that any interest earned on funds held in the Future Indian Water Settle- ment Subaccount shall remain in such sub- account until disbursed or returned in ac- cordance with this section; (vii) to pay costs associated with the in- stallation of gages on the Gila River and its tributaries to measure the water level of the Gila River and its tributaries for purposes of the New Mexico Consumptive Use and Forbearance Agreement in an amount not to exceed $500,000; and (viii) to pay the Secretary’s costs of im- plementing the Central Arizona Project Settlement Act of 2004; (E) in addition to amounts made available for the purpose through annual appropria- tions— (i) to pay the costs associated with the construction of on-reservation Central Ar- izona Project distribution systems for the Page 409 TITLE 43—PUBLIC LANDS § 1543 1 See References in Text note below. Yavapai Apache (Camp Verde), Tohono O’odham Nation (Sif Oidak District), Pascua Yaqui, and Tonto Apache tribes; and (ii) to make payments to those tribes in accordance with paragraph 8(d)(i)(1)(iv) of the repayment stipulation (as defined in section 2 of the Arizona Water Settlements Act), except that if a water rights settle- ment Act of Congress authorizes such con- struction, payments to those tribes shall be made from funds in the Future Indian Water Settlement Subaccount; and (F) if any amounts remain in the develop- ment fund at the end of a fiscal year, to be carried over to the following fiscal year for use for the purposes described in subpara- graphs (A) through (E). (3) Revenue funds in excess of revenue funds credited against Central Arizona Water Conservation District payments The funds and portion of revenues described in paragraph (1) that are in excess of amounts credited under paragraph (1) shall be available, on an annual basis, without further appropria- tion, in order of priority— (A) to pay annually the fixed operation, maintenance and replacement charges asso- ciated with the delivery of Central Arizona Project water under long-term contracts held by Arizona Indian tribes (as defined in section 2 of the Arizona Water Settlements Act); (B) to make the final outstanding annual payment for the costs of each unit of the projects authorized under subchapter III that are to be repaid by the Central Arizona Water Conservation District; (C) to reimburse the general fund of the Treasury for fixed operation, maintenance, and replacement charges previously paid under paragraph (2)(A); (D) to reimburse the general fund of the Treasury for costs previously paid under subparagraphs (B) through (E) of paragraph (2); (E) to pay to the general fund of the Treas- ury the annual installment on any debt re- lating to the Central Arizona Project under section 485h(d) of this title, made non- reimbursable under section 106(b) of the Ari- zona Water Settlements Act; (F) to pay to the general fund of the Treas- ury the difference between— (i) the costs of each unit of the projects authorized under subchapter III that are repayable by the Central Arizona Water Conservation District; and (ii) any costs allocated to reimbursable functions under any Central Arizona Project cost allocation undertaken by the United States; and (G) for deposit in the general fund of the Treasury. (4) Investment of amounts (A) In general The Secretary of the Treasury shall invest such portion of the development fund as is not, in the judgment of the Secretary of the Interior, required to meet current needs of the development fund. (B) Permitted investments (i) In general Notwithstanding any other provision of law, including any provision requiring the consent or concurrence of any party, the investments referred to in subparagraph (A) shall include 1 or more of the fol- lowing: (I) Any investments referred to in the Act of June 24, 1938 (25 U.S.C. 162a). (II) Investments in obligations of gov- ernment corporations and government- sponsored entities whose charter stat- utes provide that their obligations are lawful investments for federally man- aged funds. (III) The obligations referred to in sec- tion 401 of title 42. (ii) Lawful investments For purposes of clause (i), obligations of government corporations and government- sponsored entities whose charter statutes provide that their obligations are lawful investments for federally managed funds includes any of the following securities or securities with comparable language con- cerning the investment of federally man- aged funds: (I) Obligations of the United States Postal Service as authorized by section 2005 of title 39. (II) Bonds and other obligations of the Tennessee Valley Authority as author- ized by section 831n–4 of title 16. (III) Mortgages, obligations, or other securities of the Federal Home Loan Mortgage Corporation as authorized by section 1452 of title 12. (IV) Bonds, notes, or debentures of the Commodity Credit Corporation as au- thorized by section 4 of the Act of March 4, 1939 1 (15 U.S.C. 713a–4). (C) Acquisition of obligations For the purpose of investments under sub- paragraph (A), obligations may be ac- quired— (i) on original issue at the issue price; or (ii) by purchase of outstanding obliga- tions at the market price. (D) Sale of obligations Any obligation acquired by the develop- ment fund may be sold by the Secretary of the Treasury at the market price. (E) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the development fund shall be credited to and form a part of the development fund. (5) Amounts not available for certain Federal obligations None of the provisions of this section, in- cluding paragraphs (2)(A) and (3)(A), shall be Page 410 TITLE 43—PUBLIC LANDS § 1543 2 So in original. Probably should be followed by a comma. construed to make any of the funds referred to in this section available for the fulfillment of any Federal obligation relating to the pay- ment of OM&R charges if such obligation is undertaken pursuant to Public Law 95–328, Public Law 98–530, or any settlement agree- ment with the United States (or amendments thereto) approved by or pursuant to either of those acts. (g) Repayment of costs All revenues credited to the development fund in accordance with subsection (c)(2) of this sec- tion (excluding only those revenues derived from the sale of power and energy for use in Arizona during the payout period of the Central Arizona Project as authorized herein) and such other revenues as remain in the development fund after making the payments required by sub- sections (d) and (f) of this section shall be avail- able (1) to make payments, if any, as required by sections 616aa–1 and 620d–1 of this title, (2) for repayment to the general fund of the Treasury the costs of each salinity control unit or sepa- rable feature thereof 2 the costs of measures to replace incidental fish and wildlife values fore- gone, and the costs of on-farm measures payable from the Lower Colorado River Basin Develop- ment Fund in accordance with sections 1595(a)(2), 1595(a)(3), and 1595(b) of this title and (3) upon appropriation by the Congress, to assist in the repayment of reimbursable costs incurred in connection with units hereafter constructed to provide for the augmentation of the water supplies of the Colorado River for use below Lee Ferry as may be authorized as a result of the in- vestigations and recommendations made pursu- ant to sections 1511 and 1513(a) of this title. (h) Interest rate The interest rate applicable to those portions of the reimbursable costs of each unit of the project which are properly allocated to commer- cial power development and municipal and in- dustrial water supply shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the first advance is made for initiating construction of such unit, 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. (i) Annual budgets; submission to Congress Business-type budgets shall be submitted to the Congress annually for all operations fi- nanced by the development fund. (Pub. L. 90–537, title IV, § 403, Sept. 30, 1968, 82 Stat. 894; Pub. L. 93–320, title II, § 205(b)(2), June 24, 1974, 88 Stat. 273; Pub. L. 98–381, title I, § 102, Aug. 17, 1984, 98 Stat. 1333; Pub. L. 98–569, § 4(f)(2), Oct. 30, 1984, 98 Stat. 2939; Pub. L. 108–451, title I, § 107(a), (c), Dec. 10, 2004, 118 Stat. 3493, 3498.) Editorial Notes REFERENCES IN TEXT Sections 2, 106, 203, 208, 213, and 214 of the Arizona Water Settlements Act, referred to in subsec. (f)(2), (3), are sections 2 and 106 of title I, and sections 203, 208, 213, and 214 of title II, of Pub. L. 108–451, Dec. 10, 2004, 118 Stat. 3479, 3492, 3499, 3521, 3531, 3534, which are not classified to the Code. Section 212 of the Arizona Water Settlements Act, re- ferred to in subsec. (f)(2)(D)(i), (ii), is section 212 of Pub. L. 108–451, title II, Dec. 10, 2004, 118 Stat. 3527, which is not classified to the Code except for section 212(d), which amended section 1524 of this title. Section 3707(a)(1) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992, referred to in sub- sec. (f)(2)(D)(iii)(II), is section 3707(a)(1) of title XXXVII of Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4747, which is not classified to the Code. The Southern Arizona Water Rights Settlement Amendments Act of 2004, referred to in subsec. (f)(2)(D)(iii)(III), (v)(II), is title III of Pub. L. 108–451, Dec. 10, 2004, 118 Stat. 3535, which is not classified to the Code. The date of enactment of this Act, referred to in sub- sec. (f)(2)(D)(vi), probably means the date of enactment of Pub. L. 108–451, which enacted a new subsec. (f) of this section and was approved Dec. 10, 2004. The Central Arizona Project Settlement Act of 2004, referred to in subsec. (f)(2)(D)(viii), is title I of Pub. L. 108–451, Dec. 10, 2004, 118 Stat. 3486. For complete classi- fication of this Act to the Code, see Short Title of 2004 Amendment note set out under section 1501 of this title and Tables. Act of June 24, 1938, referred to in subsec. (f)(4)(B)(i)(I), is act June 24, 1938, ch. 648, 52 Stat. 1037, which enacted section 162a of Title 25, Indians, repealed section 162 of Title 25, and enacted provisions set out as a note under section 162a of Title 25. For complete clas- sification of this Act to the Code, see Tables. Section 4 of the Act of March 4, 1939, referred to in subsec. (f)(4)(B)(ii)(IV), probably should be a reference to section 4 of act March 8, 1938, as amended by act March 4, 1939, which is classified to section 713a–4 of Title 15, Commerce and Trade. Public Law 95–328, referred to in subsec. (f)(5), is Pub. L. 95–328, July 28, 1978, 92 Stat. 409, which is not classi- fied to the Code. Public Law 98–530, referred to in subsec. (f)(5), is Pub. L. 98–530, Oct. 19, 1984, 98 Stat. 2698, which is not classi- fied to the Code. AMENDMENTS 2004—Subsec. (e). Pub. L. 108–451, § 107(c)(2), sub- stituted ‘‘Except as provided in subsection (f), reve- nues’’ for ‘‘Revenues’’. Subsec. (f). Pub. L. 108–451, § 107(a), inserted heading and text and struck out former text relating to return of costs and interest. Subsec. (g). Pub. L. 108–451, § 107(c)(1), substituted ‘‘subsection (c)(2)’’ for ‘‘clause (c)(2)’’. 1984—Subsec. (b). Pub. L. 98–381, § 102(a), designated existing provisions as par. (1) and added par. (2). Subsec. (c)(1). Pub. L. 98–381, § 102(b), substituted ‘‘, until completion of repayment requirements of the Central Arizona project.’’ for ‘‘including revenues which, after completion of payout of the Central Ari- zona Project as required herein are surplus, as deter- mined by the Secretary, to the operation, maintenance, and replacement requirements of said project;’’. Subsec. (c)(2). Pub. L. 98–381, § 102(c), inserted two provisos, the first relating to the inclusion of the equivalent of 41⁄2 mills per kilowatthour in the rates charged to purchasers in Arizona for application to the purposes specified in subsection (f) of this section and to the inclusion of the equivalent 21⁄2 mills per kilowatthour in the rates charged to purchasers in California and Nevada for application to the purposes of subsection (g) of this section as amended and supple- mented, and the second providing that, after the repay- ment period for said Central Arizona project, the equiv- alent of 21⁄2 mills per kilowatthour shall be included by the Secretary of Energy in the rates charged to pur- chasers in Arizona, California, and Nevada to provide revenues for application to the purposes of said sub- section (g) of this section. Page 411 TITLE 43—PUBLIC LANDS § 1551 Subsec. (g). Pub. L. 98–569 inserted ‘‘the costs of measures to replace incidental fish and wildlife values foregone, and the costs of on-farm measures’’ before ‘‘payable from’’. 1974—Subsec. (g). Pub. L. 93–320 added cl. (2). Existing cl. (2), authorizing the use of revenues to assist in the repayment of reimbursable costs incurred in connec- tion with units constructed after Sept. 30, 1968, to pro- vide for the augmentation of water supplies of the Colo- rado River for use below Lee Ferry, redesignated (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–569 effective Oct. 30, 1984, see section 6 of Pub. L. 98–569, set out as a note under section 1591 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (i) of this section is listed as the 7th item on page 114), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance. LIMITATION ON FUNDS Pub. L. 108–451, title I, § 107(b), Dec. 10, 2004, 118 Stat. 3498, provided that: ‘‘Amounts made available under the amendment made by subsection (a) [amending this section]— ‘‘(1) shall be identified and retained in the Lower Colorado River Basin Development Fund established by section 403 of the Colorado River Basin Project Act (43 U.S.C. 1543); and ‘‘(2) shall not be expended or withdrawn from that fund until the later of— ‘‘(A) the date on which the findings described in section 207(c) [118 Stat. 3519] are published in the Federal Register; or ‘‘(B) January 1, 2010.’’ PAYMENT FROM DEVELOPMENT FUND TO GENERAL FUND OF TREASURY Pub. L. 108–447, div. C, title II, § 203, Dec. 8, 2004, 118 Stat. 2948, provided that: ‘‘(a) IN GENERAL.—Notwithstanding section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower Colorado River Basin Devel- opment Fund shall be paid to the general fund of the Treasury until each provision of the revised Stipula- tion Regarding a Stay and for Ultimate Judgment Upon the Satisfaction of Conditions, filed in United States District Court on April 24, 2003, in Central Ari- zona Water Conservation District v. United States (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95–1720–OHX–EHC (Consolidated Action)), and any amendment or revision thereof, is met. ‘‘(b) PAYMENT TO GENERAL FUND.—If any of the provi- sions of the stipulation referred to in subsection (a) are not met by the date that is 10 years after the date of enactment of this Act [Dec. 8, 2004], payments to the general fund of the Treasury shall resume in accord- ance with section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)). ‘‘(c) AUTHORIZATION.—Amounts in the Lower Colorado River Basin Development Fund that but for this sec- tion would be returned to the general fund of the Treas- ury shall not be expended until further Act of Con- gress.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–137, title II, § 205, Dec. 1, 2003, 117 Stat. 1849. Pub. L. 107–66, title II, § 204, Nov. 12, 2001, 115 Stat. 500. § 1544. Annual report to Congress On January 1 of each year the Secretary shall report to the Congress, beginning with the fiscal year ending June 30, 1969, upon the status of the revenues from and the cost of constructing, op- erating, and maintaining each lower basin unit of the project for the preceding fiscal year. The report of the Secretary shall be prepared to re- flect accurately the Federal investment allo- cated at that time to power, to irrigation, and to other purposes, the progress of return and re- payment thereon, and the estimated rate of progress, year by year, in accomplishing full re- payment. (Pub. L. 90–537, title IV, § 404, Sept. 30, 1968, 82 Stat. 896.) SUBCHAPTER V—GENERAL PROVISIONS § 1551. Construction of Colorado River Basin Act (a) Effect on other laws Nothing in this chapter shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Colorado River Com- pact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Se- ries 994; 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California and others (376 U.S. 340), or, except as otherwise provided herein, the Boulder Canyon Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], the Boulder Canyon Project Adjustment Act (54 Stat. 774), [43 U.S.C. 618 et seq.], or the Colorado River Storage Project Act (70 Stat. 105) [43 U.S.C. 620 et seq.]. (b) Reports to Congress The Secretary is directed to— (1) make reports as to the annual consump- tive uses and losses of water from the Colo- rado River system after each successive five- year period, beginning with the five-year pe- riod starting on October 1, 1970. Such reports shall include a detailed breakdown of the ben- eficial consumptive use of water on a State- by-State basis. Specific figures on quantities consumptively used from the major tributary streams flowing into the Colorado River shall also be included on a State-by-State basis. Such reports shall be prepared in consultation with the States of the lower basin individually and with the Upper Colorado River Commis- sion, and shall be transmitted to the Presi- dent, the Congress, and to the Governors of each State signatory to the Colorado River Compact; and (2) condition all contracts for the delivery of water originating in the drainage basin of the Colorado River system upon the availability of water under the Colorado River Compact. (c) Compliance of Federal officers and agencies All Federal officers and agencies are directed to comply with the applicable provisions of this chapter, and of the laws, treaty, compacts, and decree referred to in subsection (a) of this sec- tion, in the storage and release of water from all reservoirs and in the operation and maintenance of all facilities in the Colorado River system