43 U.S.C. § 620c — Laws governing; irrigation repayment

Page 233 TITLE 43—PUBLIC LANDS § 620c Animas-La Plata, Dolores, Dallas Creek, West Divide, and San Miguel participating Federal reclamation projects concurrently with the con- struction of the Central Arizona Project, to the end that such projects shall be completed not later than the date of the first delivery of water from said Central Arizona Project: Provided, That an appropriate repayment contract for each of said participating projects shall have been executed as provided in section 620c of this title before construction shall start on that par- ticular project. (Pub. L. 90–537, title V, § 501(b), Sept. 30, 1968, 82 Stat. 897.) Editorial Notes CODIFICATION Section consists of subsec. (b) of section 501 of Pub. L. 90–537. Subsecs. (a), (d), and (e) of section 501 are classified to sections 620, 620 note, 620a, 620a–2, 620c–1, and 620k note of this title. Subsec. (c) and (f) of section 501 are not classified to the Code. Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956, popularly known as the Colorado River Storage Project Act, which comprises this chapter. § 620a–2. Establishment of nonexcess irrigable acreage for participating projects The Secretary shall, for the Animas-La Plata, Dolores, Dallas Creek, San Miguel, West Divide, and Seedskadee participating projects of the Colorado River storage project, establish the nonexcess irrigable acreage for which any single ownership may receive project water at one hun- dred and sixty acres of class 1 land or the equiv- alent thereof, as determined by the Secretary, in other land classes. (Pub. L. 90–537, title V, § 501(d), Sept. 30, 1968, 82 Stat. 898.) Editorial Notes CODIFICATION Section consists of subsec. (d) of section 501 of Pub. L. 90–537. Subsecs. (a), (b), and (e) of section 501 are classified to sections 620, 620 note, 620a, 620a–1, 620c–1, and 620k note of this title. Subsecs. (c) and (f) of section 501 are not classified to the Code. Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956, popularly known as the Colorado River Storage Project Act, which comprises this chapter. § 620b. Congressional intent; additional undesig- nated projects not precluded; construction not authorized within national park or monument It is not the intention of Congress, in author- izing only those projects designated in section 620 of this title, and in authorizing priority in planning only those additional projects des- ignated in section 620a of this title, to limit, re- strict, or otherwise interfere with such com- prehensive development as will provide for the consumptive use by States of the Upper Colo- rado River Basin of waters, the use of which is apportioned to the Upper Colorado River Basin by the Colorado River Compact and to each State thereof by the Upper Colorado River Basin Compact, nor to preclude consideration and au- thorization by the Congress of additional projects under the allocations in the compacts as additional needs are indicated. It is the inten- tion of Congress that no dam or reservoir con- structed under the authorization of this chapter shall be within any national park or monument. (Apr. 11, 1956, ch. 203, § 3, 70 Stat. 107.) § 620c. Laws governing; irrigation repayment contracts; time for making contract; con- tracts for municipal water; payment by In- dian lands; restricted delivery of water for excess commodity; apportionments of use Except as otherwise provided in this chapter, in constructing, operating, and maintaining the units of the Colorado River storage project and the participating projects listed in section 620 of this title, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto): Provided, That (a) irri- gation repayment contracts shall be entered into which, except as otherwise provided for the Paonia and Eden projects, provide for repay- ment of the obligation assumed thereunder with respect to any project contract unit over a pe- riod of not more than fifty years exclusive of any development period authorized by law; (b) prior to construction of irrigation distribution facilities, repayment contracts shall be made with an ‘‘organization’’ as defined in section 485a(g) of this title which has the capacity to levy assessments upon all taxable real property located within its boundaries to assist in mak- ing repayments, except where a substantial pro- portion of the lands to be served are owned by the United States; (c) contracts relating to mu- nicipal water supply may be made without re- gard to the limitations of the last sentence of section 485h(c) of this title; and (d), as to Indian lands within, under or served by any partici- pating project, payment of construction costs within the capability of the land to repay shall be subject to section 386a of title 25: Provided further, That for a period of ten years from April 11, 1956, no water from any participating project authorized by this chapter shall be delivered to any water user for the production on newly irri- gated lands of any basic agricultural com- modity, as defined in the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 1301(b)(10) of title 7 unless the Secretary of Agri- culture calls for an increase in production of such commodity in the interest of national secu- rity. All units and participating projects shall be subject to the apportionments of the use of water between the Upper and Lower Basins of the Colorado River and among the States of the Upper Basin fixed in the Colorado River Com- pact and the Upper Colorado River Basin Com- pact, respectively, and to the terms of the trea- ty with the United Mexican States (Treaty Se- ries 994). (Apr. 11, 1956, ch. 203, § 4, 70 Stat. 107.) Page 234 TITLE 43—PUBLIC LANDS § 620c–1 Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally to chapter 12 (§ 371 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Ta- bles. The Agricultural Act of 1949, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of Title 7, Ag- riculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables. § 620c–1. Laws governing priority of appropria- tion In the diversion and storage of water for any project or any parts thereof constructed under the authority of the Colorado River Basin Project Act [43 U.S.C. 1501 et seq.] or the Colo- rado River Storage Project Act [43 U.S.C. 620 et seq.] within and for the benefit of the State of Colorado only, the Secretary is directed to com- ply with the constitution and statutes of the State of Colorado relating to priority of appro- priation; with State and Federal court decrees entered pursuant thereto; and with operating principles, if any, adopted by the Secretary and approved by the State of Colorado. (Pub. L. 90–537, title V, § 501(e), Sept. 30, 1968, 82 Stat. 898.) Editorial Notes REFERENCES IN TEXT The Colorado River Basin Project Act, referred to in text, is Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, which is classified principally to chapter 32 (§ 1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. The Colorado River Storage Project Act, referred to in text, is act Apr. 11, 1956, ch. 203, 70 Stat. 105, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 620 of this title and Tables. CODIFICATION Section consists of subsec. (e) of section 501 of Pub. L. 90–537. Subsecs. (a), (b), and (d) of section 501 are classi- fied to sections 620, 620 note, 620a, 620a–1, 620a–2, and 620k note of this title. Subsecs. (c) and (f) of section 501 are not classified to the Code. Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956, popularly known as the Colorado River Storage Project Act, which comprises this chapter. § 620d. Upper Colorado River Basin Fund (a) Authorization and availability There is authorized a separate fund in the Treasury of the United States to be known as the Upper Colorado River Basin Fund (herein- after referred to as the Basin Fund), which shall remain available until expended, as hereafter provided, for carrying out provisions of this chapter other than section 620g of this title. (b) Crediting of appropriations All appropriations made for the purpose of carrying out the provisions of this chapter, other than section 620g of this title shall be credited to the Basin Fund as advances from the general fund of the Treasury. (c) Crediting and availability of revenues All revenues collected in connection with the operation of the Colorado River storage project and participating projects shall be credited to the Basin Fund, and shall be available, without further appropriation, for (1) defraying the costs of operation, maintenance, and replacements of, and emergency expenditures for, all facilities of the Colorado River storage project and partici- pating projects, within such separate limita- tions as may be included in annual appropria- tion acts: Provided, That with respect to each participating project, such costs shall be paid from revenues received from each such project; (2) payment as required by subsection (d) of this section; and (3) payment as required by sub- section (e) of this section. Revenues credited to the Basin Fund shall not be available for appro- priation for construction of the units and par- ticipating projects authorized by or pursuant to this chapter. (d) Payments of revenues in excess of operating needs to Treasury Revenues in the Basin Fund in excess of oper- ating needs shall be paid annually to the general fund of the Treasury to return— (1) the costs of each unit, participating project, or any separable feature thereof which are allocated to power pursuant to section 620e of this title, within a period not exceeding fifty years from the date of completion of such unit, participating project, or separable fea- ture thereof; (2) the costs of each unit, participating project, or any separable feature thereof which are allocated to municipal water supply pursu- ant to section 620e of this title, within a period not exceeding fifty years from the date of completion of such unit, participating project, or separable feature thereof; (3) interest on the unamortized balance of the investment (including interest during con- struction) in the power and municipal water supply features of each unit, participating project, or any separable feature thereof, at a rate determined by the Secretary of the Treas- ury as provided in subsection (f), and interest due shall be a first charge; (4) the costs of each storage unit which are allocated to irrigation pursuant to section 620e of this title within a period not exceeding fifty years; and (5) the costs of each salinity control unit or separable feature thereof, the costs of meas- ures to replace incidental fish and wildlife val- ues foregone, and the costs of the on-farm measures payable from the Upper Colorado River Basin Fund in accordance with sections 1595(a)(2), 1595(a)(3), and 1595(c) of this title. (e) Apportionment of excess revenues among States Revenues in the Basin Fund in excess of the amounts needed to meet the requirements of clause (1) of subsection (c) of this section, and to return to the general fund of the Treasury the costs set out in subsection (d) of this section, shall be apportioned among the States of the