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43 U.S.C. § 618b — Reduction of payments and transfers
Federal law — U.S. Code and appendices · legal_authorities
Page 219
TITLE 43—PUBLIC LANDS
§ 618c
propriated only for the investigation and con-
struction of projects for such utilization in and
equitably distributed among the four States of
the upper division: Provided, however, That in
view of distributions heretofore made, and in
order to expedite the development and utiliza-
tion of water projects within all of the States of
the upper division, the distribution of such
funds for use in the fiscal years 1949 to 1955,
shall be on a basis which is as nearly equal as
practicable. Such receipts for the years of oper-
ation ending in 1956 to 1987, inclusive, are au-
thorized to be appropriated for the investigation
and construction of projects for such utilization
in and equitably distributed among the States of
the upper division and the States of the lower
division. The terms ‘‘Colorado River system’’,
‘‘States of the upper division’’, and ‘‘States of
the lower division’’ as so used shall have the re-
spective meanings defined in the Colorado River
compact mentioned in the Project Act [43 U.S.C.
617 et seq.]. Such projects shall be only such as
are found by the Secretary to be physically fea-
sible, economically justified, and consistent
with such formulation of a comprehensive plan.
Nothing in this subchapter shall be construed so
as to prevent the authorization and construction
of any such projects prior to the completion of
said plan of comprehensive development; nor
shall this subchapter be construed as affecting
the right of any State to proceed independently
of this subchapter or its provisions with the in-
vestigation or construction of any project or
projects. Transfers under this subsection shall
be deemed contractual obligations of the United
States, subject to the provisions of section 618
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 618b
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Page 219
TITLE 43—PUBLIC LANDS
§ 618c
propriated only for the investigation and con-
struction of projects for such utilization in and
equitably distributed among the four States of
the upper division: Provided, however, That in
view of distributions heretofore made, and in
order to expedite the development and utiliza-
tion of water projects within all of the States of
the upper division, the distribution of such
funds for use in the fiscal years 1949 to 1955,
shall be on a basis which is as nearly equal as
practicable. Such receipts for the years of oper-
ation ending in 1956 to 1987, inclusive, are au-
thorized to be appropriated for the investigation
and construction of projects for such utilization
in and equitably distributed among the States of
the upper division and the States of the lower
division. The terms ‘‘Colorado River system’’,
‘‘States of the upper division’’, and ‘‘States of
the lower division’’ as so used shall have the re-
spective meanings defined in the Colorado River
compact mentioned in the Project Act [43 U.S.C.
617 et seq.]. Such projects shall be only such as
are found by the Secretary to be physically fea-
sible, economically justified, and consistent
with such formulation of a comprehensive plan.
Nothing in this subchapter shall be construed so
as to prevent the authorization and construction
of any such projects prior to the completion of
said plan of comprehensive development; nor
shall this subchapter be construed as affecting
the right of any State to proceed independently
of this subchapter or its provisions with the in-
vestigation or construction of any project or
projects. Transfers under this subsection shall
be deemed contractual obligations of the United
States, subject to the provisions of section 618b
of this title.
(e) Transfer to Lower Colorado River Basin De-
velopment Fund
Transfer to the Lower Colorado River Basin
Development Fund established by title IV of the
Colorado River Basin Project Act of 1968, as
amended and supplemented [43 U.S.C. 1541 et
seq.], of the revenues referred to in section 618(e)
of this title.
(July 19, 1940, ch. 643, § 2, 54 Stat. 774; Apr. 30,
1947, ch. 46, 61 Stat. 56; May 14, 1948, ch. 292, 62
Stat. 235; June 1, 1948, ch. 364, § 1, 62 Stat. 284;
Pub. L. 98–381, title I, § 104(a)(4), Aug. 17, 1984, 98
Stat. 1334.)
Editorial Notes
REFERENCES IN TEXT
The Project Act, referred to in text, is defined in sec-
tion 618k of this title.
The Colorado River Basin Project Act, referred to in
subd. (e), is Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885,
which is classified principally to chapter 32 (§ 1501 et
seq.) of this title. Title IV of the Act is classified to
subchapter IV (§ 1541 et seq.) of chapter 32 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.
AMENDMENTS
1984—Pub. L. 98–381, § 104(a)(4)(i), amended introduc-
tory provisions generally, inserting ‘‘, without further
appropriation,’’ after ‘‘available’’.
Subd. (a). Pub. L. 98–381, § 104(a)(4)(i), substituted
‘‘Defraying the costs of operation (including purchase
of supplemental energy to meet temporary deficiencies
in firm energy which the Secretary of Energy is obli-
gated by contract to supply), maintenance and replace-
ments of, and emergency expenditures for, all facilities
of the project, within such separate limitations as may
be included in annual appropriations Acts;’’ for ‘‘An-
nual appropriation for the operation, maintenance, and
replacements of the project, including emergency re-
placements necessary to insure continuous oper-
ations;’’.
Subd. (e). Pub. L. 98–381, § 104(a)(4)(ii), substituted
provisions relating to the transfer of funds to the
Lower Colorado River Basin Development Fund for pro-
visions which had made available receipts from the
project paid into the Colorado River Dam Fund, for an-
nual appropriation for fiscal years 1948 to 1951 for pay-
ment to Boulder City School District as reimbursement
for pupil instructions not exceeding $65 per semester
per pupil.
1948—Subd. (d). Act June 1, 1948, inserted proviso to
fourth sentence to provide for distribution of receipts
for fiscal years 1949 to 1955, inclusive.
Subd. (e). Act May 14, 1948, added subd. (e).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Act Apr. 30, 1947, changed name of Boulder Dam back
to Hoover Dam.
§ 618a–1. Availability of Colorado River Develop-
ment Fund for investigation and construc-
tion purposes
The availability of appropriations from the
Colorado River Development Fund for the inves-
tigation and construction of projects in any of
the States of the Colorado River Basin shall not
be held to forbid the expenditure of other funds
for those purposes in any of those States where
such funds are otherwise available therefor.
(June 1, 1948, ch. 364, § 2, 62 Stat. 285.)
Editorial Notes
CODIFICATION
Section was not enacted as part of the Boulder Can-
yon Project Adjustment Act which comprises this sub-
chapter.
§ 618b. Reduction of payments and transfers
where revenue is insufficient
If, by reason of any act of God, or of the public
enemy, or any major catastrophe, or any other
unforeseen and unavoidable cause, the revenues,
for any year of operation, after making provi-
sion for costs of operation, maintenance, and
the amount to be set aside for said year for re-
placements, should be insufficient to make the
payments to the States of Arizona and Nevada
and the transfers to the Colorado River Develop-
ment Fund in this subchapter provided for, such
payments and transfers shall be proportionately
reduced, as the Secretary may find to be nec-
essary by reason thereof.
(July 19, 1940, ch. 643, § 3, 54 Stat. 776.)
§ 618c. Charges as retroactive; adjustment of ac-
counts
(a) Upon the taking effect of this subchapter,
pursuant to section 618i of this title, the
charges, or the basis of computation thereof,
promulgated under this subchapter, shall be ap-
plicable as from June 1, 1937, and adjustments of
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
Upon completion of each lower basin unit of the project herein or hereafter authorized, or separate feature thereof, the Secretary shall allocate the total costs of constructing said unit or features to (1) commercial power, (2) irrigation, (3) municipal and industrial water supply, (4) flood control, (5) navigation, (6) water quality control, (7) recreation, (8) fish and wildlife, (9) the replenishment of the depletion of Colorado River flows available for use in the United States occasioned by performance of the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), and (10) any other purposes authorized under the Federal reclamation laws. Costs of construction, operation, and maintenance allocated to the replenishment of the depletion of Colorado River flows available for use in the United States occasioned by compliance with the Mexican Water Treaty (including losses in transit, evaporation from regulatory reservoirs, and regulatory losses at the Mexican boundary, incurred in the transportation, storage, and delivery of water in discharge of the obligations of that treaty) shall be nonreimbursable: Provided, That the nonreimbursable allocation shall be made on a pro rata basis to be determined by the ratio between the amount of water required to comply with the Mexican Water Treaty and the total amount of water by which the Colorado River is augmented pursuant to the investigations authorized subchapter II of this chapter and any future Congressional authorization. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213) [[16 U.S.C. 460](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-sect
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1541
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Federal law — U.S. Code and appendices · legal_authorities
Page 406
TITLE 43—PUBLIC LANDS
§ 1528
(Pub. L. 90–537, title III, § 308, Sept. 30, 1968, 82
Stat. 893.)
Editorial Notes
REFERENCES IN TEXT
The Federal Water Project Recreation Act, referred
to in text, is Pub. L. 89–72, July 9, 1965, 79 Stat. 213,
which is classified principally to part C (§ 460l–12 et
seq.) of subchapter LXIX of chapter 1 of Title 16, Con-
servation. For complete classification of this Act to
the Code, see Short Title note set out under section
460l–12 of Title 16 and Tables.
§ 1528. Authorization of appropriations
(a) There is hereby authorized to be appro-
priated for construction of the Central Arizona
Project, including prepayment for power genera-
tion and transmission facilities but exclusive of
distribution and drainage facilities for non-In-
dian lands, $832,180,000 plus or minus such
amounts, if any, as may be justified by reason of
ordinary fluctuations in construction costs as
indicated by engineering cost indices applicable
to the types of construction involved therein
and, in addition thereto, such sums as may be
required for operation and maintenance of the
project.
(b) There is also authorized to be appropriated
$100,000,000 for construction of distribution and
drainage facilities for non-Indian lands plus or
minus such amounts, if any, as may be justified
by reason of ordinary fluctuations in construc-
tion costs as indicated by engineering and cost
indices applicable to the types of construction
involved therein from September 30, 1968: Pro-
vided, That the Secretary shall enter into agree-
ments with non-Federal interests to provide not
less than 20 per centum of the total cost of such
facilities during the construction of such facili-
ties. Notwithstanding the provisions of section
1543 of this title, nei
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1541
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of controlling the floods, improving navigation, and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior subject to the terms of the Colorado River compact hereinafter mentioned in this chapter, is authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: Provided, however, That no charge shall be made for water for the use, storage, or delivery of water for irrigation or water for potable purposes in the Imperial or Coachella Valleys; also to construct and equip, operate, and maintain at or near said dam, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 617
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Federal law — U.S. Code and appendices · legal_authorities
Page 209
TITLE 43—PUBLIC LANDS
§ 617
Sec.
618i.
Effective date.
618j.
Effect of refusal to modify existing contracts.
618k.
Definitions.
618l.
Repealed.
618m.
Effect on existing laws and States’ rights.
618n.
Wages of employees.
618o.
Short title.
618p.
Omitted.
SUBCHAPTER III—HOOVER DAM CONTRACTS AND
FACILITIES
619.
Increase in capacity of existing generating
equipment at Hoover Powerplant; construc-
tion of Colorado River bridge crossing.
619a.
Renewal contracts for power.
619b.
Reimbursement of funds advanced by non-
Federal purchasers; uprating program; re-
payment requirement; visitor facilities pro-
gram.
Statutory Notes and Related Subsidiaries
CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS
CHAPTER
Act May 28, 1954, ch. 241, 68 Stat. 143, provided that:
‘‘For the purposes of effecting economies and in-
creased efficiency in the construction, operation, and
maintenance thereof and of accounting for the return
of reimbursable costs, the Secretary of the Interior is
authorized and directed to consolidate and administer
as a single project to be known as the Parker-Davis
project, Arizona-California-Nevada, the projects known
as the Parker Dam power project, Arizona-California,
and the Davis Dam project, Arizona-Nevada: Provided,
That nothing in this Act shall be construed to alter or
affect in any way the Boulder Canyon Project Act (45
Stat. 1057) [subchapter I of this chapter], the Boulder
Canyon Project Adjustment Act (54 Stat. 774) [sub-
chapter II of this chapter], or the treaty between the
United States of America and the United Mexican
States, signed at Washington on February 3, 1944, relat-
ing to the utilization of the waters of the Colorado and
Tijuana Rivers and of the Rio Grande from Fort
Quitman, Texas, to th
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 617
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Federal law — U.S. Code and appendices · legal_authorities
If, by reason of any act of God, or of the public enemy, or any major catastrophe, or any other unforeseen and unavoidable cause, the revenues, for any year of operation, after making provision for costs of operation, maintenance, and the amount to be set aside for said year for replacements, should be insufficient to make the payments to the States of Arizona and Nevada and the transfers to the Colorado River Development Fund in this subchapter provided for, such payments and transfers shall be proportionately reduced, as the Secretary may find to be necessary by reason thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 618b
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