43 U.S.C. § 1512 — Mexican Water Treaty

Page 400 TITLE 43—PUBLIC LANDS § 1512 sources of the western United States authorized by the Colorado River Basin Project Act [43 U.S.C. 1501 et seq.]. (Pub. L. 91–611, title II, § 203, Dec. 31, 1970, 84 Stat. 1828.) 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 this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. CODIFICATION Section was not enacted as part of the Colorado River Basin Project Act which comprises this chapter. § 1512. Mexican Water Treaty The Congress declares that the satisfaction of the requirements of the Mexican Water Treaty from the Colorado River constitutes a national obligation which shall be the first obligation of any water augmentation project planned pursu- ant to section 1511 of this title and authorized by the Congress. Accordingly, the States of the Upper Division (Colorado, New Mexico, Utah, and Wyoming) and the States of the Lower Divi- sion (Arizona, California, and Nevada) shall be relieved from all obligations which may have been imposed upon them by article III(c) of the Colorado River Compact so long as the Sec- retary 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 satisfy the requirements of the Mexican Water Treaty together with any losses of water associated with the performance of that treaty: Provided, That the satisfaction of the requirements of the Mexican Water Treaty (Treaty Series 994, 59 Stat. 1219), shall be from the waters of the Colorado River pursuant to the treaties, laws, and compacts presently relating thereto, until such time as a feasibility plan showing the most economical means of aug- menting the water supply available in the Colo- rado River below Lee Ferry by two and one-half million acre-feet shall be authorized by the Con- gress and is in operation as provided in this chapter. (Pub. L. 90–537, title II, § 202, Sept. 30, 1968, 82 Stat. 887.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, known as the Colorado River Basin Project Act, which enacted this chapter and sections 616aa–1, 620a–1, 620a–2, 620c–1, and 620d–1 of this title, amended sections 616hh, 620, and 620a of this title, and enacted provisions set out as notes under sections 620, 620k, and 1501 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. § 1513. Importation of water; protection of ex- porting areas (a) In the event that the Secretary shall, pur- suant to section 1511 of this title, plan works to import water into the Colorado River system from sources outside the natural drainage areas of the system, he shall make provision for ade- quate and equitable protection of the interests of the States and areas of origin, including as- sistance from funds specified in this chapter, to the end that water supplies may be available for use in such States and areas of origin adequate to satisfy their ultimate requirements at prices to users not adversely affected by the expor- tation of water to the Colorado River system. (b) All requirements, present or future, for water within any State lying wholly or in part within the drainage area of any river basin from which water is exported by works planned pursu- ant to this chapter shall have a priority of right in perpetuity to the use of the waters of that river basin, for all purposes, as against the uses of the water delivered by means of such expor- tation works, unless otherwise provided by interstate agreement. (Pub. L. 90–537, title II, § 203, Sept. 30, 1968, 82 Stat. 887.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, known as the Colorado River Basin Project Act, which enacted this chapter and sections 616aa–1, 620a–1, 620a–2, 620c–1, and 620d–1 of this title, amended sections 616hh, 620, and 620a of this title, and enacted provisions set out as notes under sections 620, 620k, and 1501 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Ta- bles. § 1514. Authorization of appropriations There are authorized to be appropriated such sums as are required to carry out the purposes of this subchapter. (Pub. L. 90–537, title II, § 204, Sept. 30, 1968, 82 Stat. 887.) SUBCHAPTER III—AUTHORIZED UNITS; PROTECTION OF EXISTING USES § 1521. Central Arizona Project (a) Construction and operation; Hayden-Rhodes Aqueduct and pumping plants; Orme Dam and Reservoir; Buttes Dam and Reservoir; Hooker Dam and Reservoir; Charleston Dam and Reservoir; Tucson aqueducts and pump- ing plants; Fannin-McFarland Aqueduct; re- lated and appurtenant works For the purposes of furnishing irrigation water and municipal water supplies to the water-defi- cient areas of Arizona and western New Mexico through direct diversion or exchange of water, control of floods, conservation and development of fish and wildlife resources, enhancement of recreation opportunities, and for other purposes, the Secretary shall construct, operate, and maintain the Central Arizona Project, con- sisting of the following principal works: (1) a system of main conduits and canals, including a main canal and pumping plants (Hayden-Rhodes Aqueduct and pumping plants), for diverting and carrying water from Lake Havasu to Orme Dam