43 U.S.C. § 1573 — Construction and maintenance of well

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-