43 U.S.C. § 617e — Uses to be made of dam and reservoir;

Page 213 TITLE 43—PUBLIC LANDS § 617g defined in section 617k of this title. For further details, see note set out under section 617k of this title. § 617e. Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority The dam and reservoir provided for by section 617 of this title shall be used: First, for river reg- ulation, improvement of navigation, and flood control; second, for irrigation and domestic uses and satisfaction of present perfected rights in pursuance of Article VIII of said Colorado River compact; and third, for power. The title to said dam, reservoir, plant, and incidental works shall forever remain in the United States, and the United States shall, until otherwise provided by Congress, control, manage, and operate the same, except as herein otherwise provided: Pro- vided, however, That the Secretary of the Inte- rior may, in his discretion, enter into contracts of lease of a unit or units of any Government- built plant, with right to generate electrical en- ergy, or alternatively, to enter into contracts of lease for the use of water for the generation of electrical energy as herein provided, in either of which events the provisions of section 617d of this title relating to revenue, term, renewals, determination of conflicting applications, and joint use of transmission lines under contracts for the sale of electrical energy, shall apply. The Secretary of the Interior shall prescribe and enforce rules and regulations conforming with the requirements of the Federal Power Act [16 U.S.C. 791a et seq.], so far as applicable, re- specting maintenance of works in condition of repair adequate for their efficient operation, maintenance of a system of accounting, control of rates and service in the absence of State regu- lation or interstate agreement, valuation for rate-making purposes, transfers of contracts, contracts extending beyond the lease period, ex- propriation of excessive profits, recapture and/or emergency use by the United States of property of lessees, and penalties for enforcing regula- tions made under this subchapter or penalizing failure to comply with such regulations or with the provisions of this subchapter. He shall also conform with other provisions of the Federal Power Act and of the rules and regulations of the Federal Power Commission, which have been devised or which may be hereafter devised, for the protection of the investor and consumer. The Federal Power Commission is directed not to issue or approve any permits or licenses under said Federal Power Act [16 U.S.C. 791a et seq.] upon or affecting the Colorado River or any of its tributaries, except the Gila River, in the States of Colorado, Wyoming, Utah, New Mex- ico, Nevada, Arizona, and California until this subchapter shall become effective as provided in sections 617c of this title. (Dec. 21, 1928, ch. 42, § 6, 45 Stat. 1061.) Editorial Notes REFERENCES IN TEXT The Federal Power Act, referred to in text, which was in the original the ‘‘Federal Water Power Act’’, is de- fined in section 617k of this title. For further details, see note set out under section 617k of this title. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. Executive Documents TRANSFER OF FUNCTIONS Executive and administrative functions of Federal Power Commission, with certain reservations, trans- ferred to Chairman of Commission, with authority vested in him to authorize their performance by any of- ficer, employee, or administrative unit under his juris- diction, by Reorg. Plan No. 9 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix to Title 5, Government Organization and Employees. § 617f. Canals and appurtenant structures; trans- fer of title; power development The Secretary of the Interior may, in his dis- cretion, when repayments to the United States of all money advanced, with interest, reimburs- able hereunder, shall have been made, transfer the title to said canal and appurtenant struc- tures, except the Laguna Dam and the main canal and appurtenant structures down to and including Syphon Drop, to the districts or other agencies of the United States having a beneficial interest therein in proportion to their respective capital investments under such form of organi- zation as may be acceptable to him. The said districts or other agencies shall have the privi- lege at any time of utilizing by contract or oth- erwise such power possibilities as may exist upon said canal, in proportion to their respec- tive contributions or obligations toward the capital cost of said canal and appurtenant struc- tures from and including the diversion works to the point where each respective power plant may be located. The net proceeds from any power development on said canal shall be paid into the fund and credited to said districts or other agencies on their said contracts, in pro- portion to their rights to develop power, until the districts or other agencies using said canal shall have paid thereby and under any contract or otherwise an amount of money equivalent to the operation and maintenance expense and cost of construction thereof. (Dec. 21, 1928, ch. 42, § 7, 45 Stat. 1062.) § 617g. Colorado River compact as controlling au- thority in construction and maintenance of dam, reservoir, canals, and other works (a) The United States, its permittees, licens- ees, and contractees, and all users and appropri- ators of water stored, diverted, carried, and/or distributed by the reservoir, canals, and other works herein, authorized shall observe and be subject to and controlled by said Colorado River compact in the construction, management, and operation of said reservoir, canals, and other works and the storage, diversion, delivery, and use of water for the generation of power, irriga- tion, and other purposes, anything in this sub- chapter to the contrary notwithstanding, and all permits, licenses, and contracts shall so provide.