43 U.S.C. § 617l — Colorado River compact approval

Page 215 TITLE 43—PUBLIC LANDS § 617l tract, dated October 23, 1918, between the United States and the Imperial Irrigation District, pro- viding for a connection with Laguna Dam; but the Secretary of the Interior is authorized to enter into contract or contracts with the said district or other districts, persons, or agencies for the construction, in accordance with this subchapter of said canal and appurtenant struc- tures, and also for the operation and mainte- nance thereof, with the consent of the other users. (Dec. 21, 1928, ch. 42, § 10, 45 Stat. 1063.) § 617j. Omitted Editorial Notes CODIFICATION Section, act Dec. 21, 1928, ch. 42, § 11, 45 Stat. 1063, au- thorized Secretary of the Interior to make surveys and investigations to determine what lands in Arizona should be included in Parker-Gila Valley reclamation project and required him to make a report to Congress not later than Dec. 10, 1931. § 617k. Definitions ‘‘Political subdivision’’ or ‘‘political subdivi- sions’’ as used in this subchapter shall be under- stood to include any State, irrigation or other district, municipality, or other governmental organization. ‘‘Reclamation law’’ as used in this subchapter shall be understood to mean that certain Act of Congress of the United States approved June 17, 1902, and the Acts amendatory thereof and sup- plemental thereto. ‘‘Maintenance’’ as used herein shall be deemed to include in each instance provision for keeping the works in good operating condition. ‘‘The Federal Power Act,’’ [16 U.S.C. 791a et seq.] as used in this subchapter, shall be under- stood to mean that certain Act of Congress of the United States approved June 10, 1920, and the Acts amendatory thereof and supplemental thereto. ‘‘Domestic’’, whenever employed in this sub- chapter, shall include water uses defined as ‘‘do- mestic’’ in said Colorado River compact. (Dec. 21, 1928, ch. 42, § 12, 45 Stat. 1064.) Editorial Notes REFERENCES IN TEXT That certain Act of Congress of the United States ap- proved June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Rec- lamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. The Federal Power Act, referred to in text, was in the original the ‘‘Federal Water Power Act’’, which was re- designated the Federal Power Act by section 791a of Title 16, Conservation. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16. For complete classification of this Act to the Code, see sec- tion 791a of Title 16 and Tables. § 617l. Colorado River compact approval (a) Approval by Congress The Colorado River compact signed at Santa Fe, New Mexico, November 24, 1922, pursuant to Act of Congress approved August 19, 1921, enti- tled ‘‘An Act to permit a compact or agreement between the States of Arizona, California, Colo- rado, Nevada, New Mexico, Utah, and Wyoming respecting the disposition and apportionment of the waters of the Colorado River, and for other purposes’’, is approved by the Congress of the United States, and the provisions of the first paragraph of article 11 of the said Colorado River compact, making said compact binding and obligatory when it shall have been approved by the legislature of each of the signatory States, are waived, and this approval shall be- come effective when the State of California and at least five of the other States mentioned, shall have approved or may hereafter approve said compact as aforesaid and shall consent to such waiver, as herein provided. (b) Rights in waters of Colorado River and tribu- taries; Colorado River compact as controlling The rights of the United States in or to waters of the Colorado River and its tributaries how- soever claimed or acquired, as well as the rights of those claiming under the United States, shall be subject to and controlled by said Colorado River compact. (c) Patents, grants, contracts, concessions, etc.; Colorado River compact as controlling Also all patents, grants, contracts, conces- sions, leases, permits, licenses, rights-of-way, or other privileges from the United States or under its authority, necessary or convenient for the use of waters of the Colorado River or its tribu- taries, or for the generation or transmission of electrical energy generated by means of the wa- ters of said river or its tributaries, whether under this subchapter, the Federal Power Act [16 U.S.C. 791a et seq.], or otherwise, shall be upon the express condition and with the express cov- enant that the rights of the recipients or holders thereof to waters of the river or its tributaries, for the use of which the same are necessary, convenient, or incidental, and the use of the same shall likewise be subject to and controlled by said Colorado River compact. (d) Conditions and covenants referred to herein; nature; how and by whom availed of in liti- gation The conditions and covenants referred to here- in shall be deemed to run with the land and the right, interest, or privilege therein and water right, and shall attach as a matter of law, whether set out or referred to in the instrument evidencing any such patent, grant, contract, concession, lease, permit, license, right-of-way, or other privilege from the United States or under its authority, or not, and shall be deemed to be for the benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and the users of water therein or thereunder, by way of suit, defense, or otherwise, in any litigation respect- ing the waters of the Colorado River or its tribu- taries. (Dec. 21, 1928, ch. 42, § 13, 45 Stat. 1064.) Page 216 TITLE 43—PUBLIC LANDS § 617m Editorial Notes REFERENCES IN TEXT Act of Congress approved August 19, 1921, referred to in subsec. (a), is act Aug. 19, 1921, ch. 72, 42 Stat. 171, which is not classified to the Code. The Federal Power Act, referred to in subsec. (c), which was in the original the ‘‘Federal Water Power Act’’, is defined in section 617k of this title. For further details, see note set out under section 617k of this title. Statutory Notes and Related Subsidiaries UPPER COLORADO RIVER BASIN COMPACT The Upper Colorado River Basin Compact signed by the States of Arizona, Colorado, New Mexico, Utah, and Wyoming on October 11, 1948, was approved by Congress Apr. 6, 1949, ch. 48, 63 Stat. 31. § 617m. Reclamation law applicable This subchapter shall be deemed a supplement to the reclamation law, which said reclamation law shall govern the construction, operation, and management of the works herein author- ized, except as otherwise therein provided. (Dec. 21, 1928, ch. 42, § 14, 45 Stat. 1065.) Editorial Notes REFERENCES IN TEXT The reclamation law, referred to in text, is defined in section 617k of this title. § 617n. Projects for irrigation, generation of elec- tric power, and other purposes; investiga- tions and reports The Secretary of the Interior is authorized and directed to make investigation and public re- ports of the feasibility of projects for irrigation, generation of electric power, and other purposes in the States of Arizona, Nevada, Colorado, New Mexico, Utah, and Wyoming for the purpose of making such information available to said States and to the Congress and of formulating a comprehensive scheme of control and the im- provement and utilization of the water of the Colorado River and its tributaries. The sum of $250,000 is authorized to be appropriated from said Colorado River Dam fund, created by sec- tion 617a of this title, for such purposes. (Dec. 21, 1928, ch. 42, § 15, 45 Stat. 1065.) § 617o. Officials of ratifying States; authority to act in advisory capacity; access to records In furtherance of any comprehensive plan for- mulated on and after Dec. 21, 1928 for the con- trol, improvement, and utilization of the re- sources of the Colorado River system and to the end that the project authorized by this sub- chapter may constitute and be administered as a unit in such control, improvement, and utili- zation, any commission or commissioner duly authorized under the laws of any ratifying State in that behalf shall have the right to act in an advisory capacity to and in cooperation with the Secretary of the Interior in the exercise of any authority under the provisions of sections 617c, 617d, and 617m of this title and shall have at all times access to records of all Federal agencies empowered to act under said sections, and shall be entitled to have copies of said records on re- quest. (Dec. 21, 1928, ch. 42, § 16, 45 Stat. 1065.) § 617p. Claims of United States; priority Except as provided in title 11, claims of the United States arising out of any contract au- thorized by this subchapter shall have priority over all others, secured or unsecured. (Dec. 21, 1928, ch. 42, § 17, 45 Stat. 1065; Pub. L. 95–598, title III, § 332, Nov. 6, 1978, 92 Stat. 2679.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–598 inserted introductory phrase ‘‘Ex- cept as provided in title 11’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Dates note preceding section 101 of Title 11, Bank- ruptcy. § 617q. Effect on authority of States to control waters within own borders Nothing herein shall be construed as inter- fering with such rights as the States had on De- cember 21, 1928, either to the waters within their borders or to adopt such policies and enact such laws as they deem necessary with respect to the appropriation, control, and use of waters within their borders, except as modified by the Colo- rado River compact or other interstate agree- ment. (Dec. 21, 1928, ch. 42, § 18, 45 Stat. 1065.) § 617r. Consent given States to negotiate supple- mental compacts for development of Colo- rado River The consent of Congress is given to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming to negotiate and enter into compacts or agreements, supple- mental to and in conformity with the Colorado River compact and consistent with this sub- chapter for a comprehensive plan for the devel- opment of the Colorado River and providing for the storage, diversion, and use of the waters of said river. Any such compact or agreement may provide for the construction of dams, headworks, and other diversion works or struc- tures for flood control, reclamation, improve- ment of navigation, division of water, or other purposes and/or the construction of power houses or other structures for the purpose of the development of water power and the financing of the same; and for such purposes may authorize the creation of interstate commissions and/or the creation of corporations, authorities, or other instrumentalities. (a) Such consent is given upon condition that a representative of the United States, to be ap- pointed by the President, shall participate in the negotiations and shall make report to Con- gress of the proceedings and of any compact or agreement entered into. (b) No such compact or agreement shall be binding or obligatory upon any of such States unless and until it has been approved by the leg-