43 U.S.C. § 1551 — Construction of Colorado River Basin Act

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established by section 403 of the Colorado River Basin Project Act (43 U.S.C. 1543); and ‘‘(2) shall not be expended or withdrawn from that fund until the later of— ‘‘(A) the date on which the findings described in section 207(c) [118 Stat. 3519] are published in the Federal Register; or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 Page 412 TITLE 43—PUBLIC LANDS § 1552 under the jurisdiction and supervision of the Secretary, and in the operation and mainte- nance of all works which may be authorized hereafter for the augmentation of the water sup- ply of the Colorado River system. In the event of failure of any such officer or agency to so com- ply, any affected State may maintain an action to enforce the provisions of this section in the Supreme Court of the United States and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise. (Pub. L. 90–537, title VI, § 601, Sept. 30, 1968, 82 Stat. 899.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), 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. (a), 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. The Boulder Canyon Project Adjustment Act, re- ferred to in subsec. (a), is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§ 618 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 618o of this title and Tables. The Colorado River Storage Project Act, referred to in subsec. (a), is act Apr. 11, 1956, ch. 203, 70 Stat. 105, which is classified generally to chapter 12B (§ 620 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 620 of this title and Tables. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b)(1) of this section relating to the require- ment that the Secretary transmit a report to Congress every five years, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 9th item on page 114 of House Document No. 103–7. § 1552. Criteria for long-range operation of res- ervoirs (a) Promulgation by Secretary; order of prior- ities In order to comply with and carry out the pro- visions of the Colorado River Compact, the Upper Colorado River Basin Compact, and the Mexican Water Treaty, the Secretary shall pro- pose criteria for the coordinated long-range op- eration of the reservoirs constructed and oper- ated under the authority of the Colorado River Storage Project Act [43 U.S.C. 620 et seq.], the Boulder Canyon Project Act [43 U.S.C. 617 et seq.], and the Boulder Canyon Project Adjust- ment Act [43 U.S.C. 618 et seq.]. To effect in part the purposes expressed in this paragraph, the criteria shall make provision for the storage of water in storage units of the Colorado River storage project and releases of water form Lake Powell in the following listed order of priority: (1) releases to supply one-half the deficiency described in article III(c) of the Colorado River Compact, if any such deficiency exists and is chargeable to the States of the Upper Division, but in any event such releases, if any, shall not be required in any year that the Secretary makes the determination and issues the proclamation specified in section 1512 of this title; (2) releases to comply with article III(d) of the Colorado River Compact, less such quan- tities of water delivered into the Colorado River below Lee Ferry to the credit of the States of the Upper Division from other sources; and (3) storage of water not required for the re- leases specified in clauses (1) and (2) of this subsection to the extent that the Secretary, after consultation with the Upper Colorado River Commission and representatives of the three Lower Division States and taking into consideration all relevant factors (including, but not limited to, historic stream-flows, the most critical period of record, and prob- abilities of water supply), shall find this to be reasonably necessary to assure deliveries under clauses (1) and (2) without impairment of annual consumptive uses in the upper basin pursuant to the Colorado River Compact: Pro- vided, That water not so required to be stored shall be released from Lake Powell: (i) to the extent it can be reasonably applied in the States of the Lower Division to the uses speci- fied in article III(e) of the Colorado River Compact, but no such releases shall be made when the active storage in Lake Powell is less than the active storage in Lake Mead, (ii) to maintain, as nearly as practicable, active stor- age in Lake Mead equal to the active storage in Lake Powell, and (iii) to avoid anticipated spills from Lake Powell. (b) Submittal of criteria for review and com- ment; publication; report to Congress Not later than January 1, 1970, the criteria proposed in accordance with the foregoing sub- section (a) of this section shall be submitted to the Governors of the seven Colorado River Basin States and to such other parties and agencies as the Secretary may deem appropriate for their review and comment. After receipt of comments on the proposed criteria, but not later than July 1, 1970, the Secretary shall adopt appropriate criteria in accordance with this section and pub- lish the same in the Federal Register. Beginning January 1, 1972, and yearly thereafter, the Sec- retary shall transmit to the Congress and to the Governors of the Colorado River Basin States a report describing the actual operation under the adopted criteria for the preceding compact water year and the projected operation for the current year. As a result of actual operating ex- perience or unforeseen circumstances, the Sec- retary may thereafter modify the criteria to better achieve the purposes specified in sub- section (a) of this section, but only after cor- respondence with the Governors of the seven Colorado River Basin States and appropriate consultation with such State representatives as each Governor may designate.