43 U.S.C. § 1522 — Orme Dam and Reservoir

Page 401 TITLE 43—PUBLIC LANDS § 1522 or suitable alternative, which system may have a capacity of 3,000 cubic feet per second or what- ever lesser capacity is found to be feasible: Pro- vided, That any capacity in the Hayden-Rhodes Aqueduct in excess of 2,500 cubic feet per second shall be utilized for the conveyance of Colorado River water only when Lake Powell is full or re- leases of water are made from Lake Powell to prevent the reservoir from exceeding elevation 3,700 feet above mean sea level or when releases are made pursuant to the proviso in section 1552(a)(3) of this title: Provided further, That the costs of providing any capacity in excess of 2,500 cubic feet per second shall be repaid by those funds available to Arizona pursuant to the pro- vision of section 1543(f) of this title, or by funds from sources other than the development fund; (2) Orme Dam and Reservoir and power pumping plant or suitable alternative; (3) Buttes Dam and Reservoir, which shall be so operated as not to prejudice the rights of any user in and to the waters of the Gila River as those rights are set forth in the decree entered by the United States District Court for the District of Arizona on June 29, 1935, in United States against Gila Val- ley Irrigation District and others (Globe Equity Numbered 59); (4) Hooker Dam and Reservoir or suitable alternative, which shall be constructed in such a manner as to give effect to the provi- sions of subsection (f) of section 1524 of this title; (5) Charleston Dam and Reservoir; (6) Tuc- son aqueducts and pumping plants; (7) Fannin- McFarland Aqueduct; (8) related canals, regu- lating facilities, hydroelectric powerplants, and electric transmission facilities required for the operation of said principal works; (9) related water distribution and drainage works; and (10) appurtenant works. (b) Limitation on water diversions in years of in- sufficient main stream Colorado River water Article II(B)(3) of the decree of the Supreme Court of the United States in Arizona against California (376 U.S. 340) shall be so administered that in any year in which, as determined by the Secretary, there is insufficient main stream Col- orado River water available for release to sat- isfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, Cali- fornia, and Nevada, diversions from the main stream for the Central Arizona Project shall be so limited as to assure the availability of water in quantities sufficient to provide for the aggre- gate annual consumptive use by holders of present perfected rights, by other users in the State of California served under existing con- tracts with the United States by diversion works heretofore constructed, and by other ex- isting Federal reservations in that State, of four million four hundred thousand acre-feet of mainstream water, and by users of the same character in Arizona and Nevada. Water users in the State of Nevada shall not be required to bear shortages in any proportion greater than would have been imposed in the absence of this sub- section. This subsection shall not affect the rel- ative priorities, among themselves, of water users in Arizona, Nevada, and California which are senior to diversions for the Central Arizona Project, or amend any provisions of said decree. (c) Augmentation of water supply of Colorado River system The limitation stated in subsection (b) of this section shall not apply so long as the Secretary shall determine and proclaim that means are available and in operation which augment the water supply of the Colorado River system in such quantity as to make sufficient mainstream water available for release to satisfy annual consumptive use of seven million five hundred thousand acre-feet in Arizona, California, and Nevada. (Pub. L. 90–537, title III, § 301, Sept. 30, 1968, 82 Stat. 887; Pub. L. 100–345, § 2(b), June 24, 1988, 102 Stat. 643; Pub. L. 102–575, title XIII, § 1302, Oct. 30, 1992, 106 Stat. 4662.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(7). Pub. L. 102–575 substituted ‘‘Fannin-McFarland Aqueduct’’ for ‘‘Salt-Gila aque- ducts’’. 1988—Subsec. (a)(1). Pub. L. 100–345 substituted ‘‘Hay- den-Rhodes Aqueduct’’ for ‘‘Granite Reef aqueduct’’ in two places. Statutory Notes and Related Subsidiaries DESIGNATION OF SALT-GILA AQUEDUCT AS FANNIN- MCFARLAND AQUEDUCT Sections 1301 and 1302 of Pub. L. 102–575 provided that: ‘‘SEC. 1301. DESIGNATION. ‘‘The Salt-Gila Aqueduct of the Central Arizona Project, constructed, operated, and maintained under section 301(a)(7) of the Colorado River Basin Project Act (43 U.S.C. 1521(a)(7)), hereafter shall be known and designated as the ‘Fannin-McFarland Aqueduct’. ‘‘SEC. 1302. REFERENCES. ‘‘Any reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in section 1301 hereby is deemed to be a reference to the ‘Fannin-McFarland Aqueduct’.’’ DESIGNATION OF GRANITE REEF AQUEDUCT AS HAYDEN- RHODES AQUEDUCT Pub. L. 100–345, § 2, June 24, 1988, 102 Stat. 643, pro- vided that: ‘‘(a) The Granite Reef Aqueduct of the Central Ari- zona project, constructed, operated, and maintained under section 301(a)(1) of the Colorado River Basin [Project] Act (43 U.S.C. 1521(a)(1)), hereafter shall be known and designated as the ‘Hayden-Rhodes Aque- duct’. ‘‘(b) Any reference in any law, regulation, document, record, map, or other paper of the United States to the aqueduct referred to in subsection (a) hereby is deemed to be a reference to the ‘Hayden-Rhodes Aqueduct’.’’ § 1522. Orme Dam and Reservoir (a) Acquisition of lands of Salt River Pima-Mari- copa Indian Community and Fort McDowell- Apache Indian Community; relocation; emi- nent domain The Secretary shall designate the lands of the Salt River Pima-Maricopa Indian Community, Arizona, and the Fort McDowell-Apache Indian Community, Arizona, or interests therein, and any allotted lands or interests therein within said communities which he determines are nec- essary for use and occupancy by the United States for the construction, operation, and Page 402 TITLE 43—PUBLIC LANDS § 1523 maintenance of Orme Dam and Reservoir, or al- ternative. The Secretary shall offer to pay the fair market value of the lands and interests des- ignated, inclusive of improvements. In addition, the Secretary shall offer to pay toward the cost of relocating or replacing such improvements not to exceed $500,000 in the aggregate, and the amount offered for the actual relocation or re- placement of a residence shall not exceed the difference between the fair market value of the residence and $8,000. Each community and each affected allottee shall have six months in which to accept or reject the Secretary’s offer. If the Secretary’s offer is rejected, the United States may proceed to acquire the property interests involved through eminent domain proceedings in the United States District Court for the Dis- trict of Arizona under sections 3113 and 3114(a) to (d) of title 40. Upon acceptance in writing of the Secretary’s offer, or upon the filing of a dec- laration of taking in eminent domain pro- ceedings, title to the lands or interests involved, and the right to possession thereof, shall vest in the United States. Upon a determination by the Secretary that all or any part of such lands or interests are no longer necessary for the purpose for which acquired, title to such lands or inter- ests shall be restored to the appropriate commu- nity upon repayment to the Federal Govern- ment of the amounts paid by it for such lands. (b) Rights of former owners to use or lease land Title to any land or easement acquired pursu- ant to this section shall be subject to the right of the former owner to use or lease the land for purposes not inconsistent with the construction, operation, and maintenance of the project, as determined by, and under terms and conditions prescribed by, the Secretary. Such right shall include the right to extract and dispose of min- erals. The determination of fair market value under subsection (a) shall reflect the right to ex- tract and dispose of minerals and all other uses permitted by this section. (c) Addition of land to Fort McDowell Indian Reservation In view of the fact that a substantial portion of the lands of the Fort McDowell Mohave- Apache Indian Community will be required for Orme Dam and Reservoir, or alternative, the Secretary shall, in addition to the compensation provided for in subsection (a) of this section, designate and add to the Fort McDowell Indian Reservation twenty-five hundred acres of suit- able lands in the vicinity of the reservation that are under the jurisdiction of the Department of the Interior in township 4 north, range 7 east; township 5 north, range 7 east; and township 3 north, range 7 east, Gila and Salt River base me- ridian, Arizona. Title to lands so added to the reservation shall be held by the United States in trust for the Fort McDowell Mohave-Apache In- dian Community. (d) Recreational facilities developed and oper- ated by Indian communities along Orme Res- ervoir shoreline Each community shall have a right, in accord- ance with plans approved by the Secretary, to develop and operate recreational facilities along the part of the shoreline of the Orme Reservoir located on or adjacent to its reservation, includ- ing land added to the Fort McDowell Reserva- tion as provided in subsection (b) of this section, subject to rules and regulations prescribed by the Secretary governing the recreation develop- ment of the reservoir. Recreation development of the entire reservoir and federally owned lands under the jurisdiction of the Secretary adjacent thereto shall be in accordance with a master recreation plan approved by the Secretary. The members of each community shall have non- exclusive personal rights to hunt and fish on or in the reservoir without charge to the same ex- tent they are now authorized to hunt and fish, but no community shall have the right to ex- clude others from the reservoir except by con- trol of access through its reservation or any right to require payment by members of the public except for the use of community lands or facilities. (e) Exemption of funds from State and Federal income taxes All funds paid pursuant to this section, and any per capita distribution thereof, shall be ex- empt from all forms of State and Federal in- come taxes. (Pub. L. 90–537, title III, § 302, Sept. 30, 1968, 82 Stat. 888.) Editorial Notes CODIFICATION In subsec. (a), ‘‘sections 3113 and 3114(a) to (d) of title 40’’ substituted for ‘‘40 U.S.C., sections 257 and 258a’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SUBSECTION (a) TO FORT MCDOWELL INDIAN COMMUNITY Pub. L. 101–628, title IV, § 411(e), Nov. 28, 1990, 104 Stat. 4491, provided that: ‘‘As of the date the authoriza- tions contained in section 409(b) of this Act become ef- fective [see section 412 of Pub. L. 101–628, 104 Stat. 4491], section 302(a) of the Colorado River Basin Project Act (43 U.S.C. 1522(a)) shall no longer apply to the Commu- nity [Fort McDowell Indian Community].’’ INAPPLICABILITY TO SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY Pub. L. 100–512, § 11(c), Oct. 20, 1988, 102 Stat. 2558, pro- vided that: ‘‘Upon the effective date of this Act as set forth in section 12 [102 Stat. 2559], section 302 of the Colorado River Basin Project Act (43 U.S.C. 1522) shall no longer apply to the Community [Salt River Pima- Maricopa Indian Community].’’ § 1523. Power requirements of Central Arizona Project and augmentation of Lower Colorado River Basin Development Fund (a) Engineering and economic studies The Secretary is authorized and directed to continue to a conclusion appropriate engineer- ing and economic studies and to recommend the most feasible plan for the construction and oper- ation of hydroelectric generating and trans- mission facilities, the purchase of electrical en- ergy, the purchase of entitlement to electrical plant capacity, or any combination thereof, in-