43 U.S.C. § 617h — Lands capable of irrigation and reclama-

Page 214 TITLE 43—PUBLIC LANDS § 617h (b) Also the United States, in constructing, managing, and operating the dam, reservoir, ca- nals, and other works herein authorized in in- cluding the appropriation, delivery, and use of water for the generation of power, irrigation, or other uses, and all users of water thus delivered and all users and appropriators of waters stored by said reservoir and/or carried by said canal, including all permittees and licensees of the United States or any of its agencies, shall ob- serve and be subject to and controlled, anything to the contrary herein notwithstanding, by the terms of such compact, if any, between the States of Arizona, California, and Nevada, or any two thereof, for the equitable division of the benefits, including power, arising from the use of water accruing to said States, subsidiary to and consistent with said Colorado River com- pact, which may have been negotiated and ap- proved by said States and to which Congress shall have given its consent and approval on or before January 1, 1929; and the terms of any such compact concluded between said States and ap- proved and consented to by Congress after said date: Provided, That in the latter case such com- pact shall be subject to all contracts, if any, made by the Secretary of the Interior under sec- tion 617d of this title prior to the date of such approval and consent by Congress. (Dec. 21, 1928, ch. 42, § 8, 45 Stat. 1062.) § 617h. Lands capable of irrigation and reclama- tion by irrigation works; public entry; pref- erences Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C. 617(h)) shall be opened for entry, in tracts varying in size but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclamation law, and any such entryman shall pay an equitable share in accordance with the benefits received, as determined by the said Secretary, of the construction cost of said canal and appurtenant structures; said payments to be made in such installments and at such times as may be specified by the Secretary of the Inte- rior, in accordance with the provisions of the said reclamation law, and shall constitute rev- enue from said project and be covered into the fund herein provided for: Provided, That all per- sons who served in the United States Army, Navy, Marine Corps, or Coast Guard during World War II, the War with Germany, the War with Spain, or in the suppression of the insur- rection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve, shall have the exclusive preference right for a period of three months to enter said lands, sub- ject, however, to the provisions of section 433 of this title; and also, so far as practicable, pref- erence shall be given to said persons in all con- struction work authorized by this subchapter: Provided further, That the above exclusive pref- erence rights shall apply to veteran settlers on lands watered from the Gila canal in Arizona the same as to veteran settlers on lands watered from the All-American canal in California: Pro- vided further, That in the event such an entry shall be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relinquished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquish- ment in the local land office, and after the expi- ration of said sixty-day period such lands shall be open to entry, subject to the preference in this section provided. (Dec. 21, 1928, ch. 42, § 9, 45 Stat. 1063; Mar. 6, 1946, ch. 58, 60 Stat. 36; Pub. L. 94–579, title VII, § 704, Oct. 21, 1976, 90 Stat. 2792.) Editorial Notes REFERENCES IN TEXT Act of March 6, 1946 (43 U.S.C. 617(h)), referred to in text, probably means act Mar. 6, 1946, ch. 58, 60 Stat. 36, which amended this section and which authorized all lands of the United States found by the Secretary of the Interior to be practicable of irrigation and reclama- tion by the irrigation works authorized by the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057, to be withdrawn from public entry. The reclamation law, referred to in text, is defined in section 617k of this title. AMENDMENTS 1976—Pub. L. 94–579 substituted ‘‘Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C. 617(h))’’ for ‘‘Thereafter, at the direction of the Secretary of the Interior, such lands’’, and struck out provisions authorizing withdrawal from public entry of all public lands found by Secretary of the Interior to be practicable of irrigation and reclamation by irrigation works authorized under the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057. 1946—Act Mar. 6, 1946, struck out ‘‘or’’ before ‘‘Marine Corps’’ and inserted ‘‘or Coast Guard during World War II’’ after ‘‘Marine Corps,’’ and second proviso. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to Naval Reserve, other than references to Naval Reserve regarding the United States Naval Re- serve Retired List, deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109–163, set out as a note under section 10101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that amendment to this section striking out provision relating to withdrawal of public lands is effective on and after Oct. 21, 1976. SAVINGS PROVISION Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., exist- ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952. § 617i. Modification of existing compact relating to Laguna Dam Nothing in this subchapter shall be construed as modifying in any manner the existing con-