43 U.S.C. § 617c — Condition precedent to taking effect of

Page 210 TITLE 43—PUBLIC LANDS § 617a 1 So in original. § 617a. ‘‘Colorado River Dam Fund’’ (a) Creation of fund; purpose; receipts and ex- penditures under control of Secretary of the Interior There is established a special fund, to be known as the ‘‘Colorado River Dam fund’’ (here- inafter referred to as the ‘‘fund’’), and to be available, as hereafter provided for, only for car- rying out the provisions of this subchapter. All revenues received in carrying out the provisions of this subchapter shall be paid into and expend- itures shall be made out of the fund, under the direction of the Secretary of the Interior. (b) Advancements to fund by Secretary of the Treasury; allocation; repayment; interest The Secretary of the Treasury is authorized to advance to the fund, from time to time and within the appropriations therefor, such amounts as the Secretary of the Interior deems necessary for carrying out the provisions of this subchapter..1 Of this amount the sum of $25,000,000 shall be allocated to flood control and shall be repaid to the United States out of 621⁄2 per centum of revenues, if any, in excess of the amount necessary to meet periodical payments during the period of amortization, as provided in section 617c of this title. If said sum of $25,000,000 is not repaid in full during the period of amortization, then 621⁄2 per centum of all net revenues shall be applied to payment of the re- mainder. Interest at the rate of 4 per centum per annum accruing during the year upon the amounts so advanced and remaining unpaid shall be paid annually out of the fund, except as herein otherwise provided. (c) Limitation on use made of advancements Moneys in the fund advanced under subdivi- sion (b) shall be available only for expenditures for construction and the payment of interest, during construction, upon the amounts so ad- vanced. No expenditures out of the fund shall be made for operation and maintenance except from appropriations therefor. (d) Unpaid interest on advancements; charge on fund; rate of interest The Secretary of the Treasury shall charge the fund as of June 30 in each year with such amount as may be necessary for the payment of interest on advances made under subdivision (b) at the rate of 4 per centum per annum accrued during the year upon the amounts so advanced and remaining unpaid, except that if the fund is insufficient to meet the payment of interest the Secretary of the Treasury may, in his discre- tion, defer any part of such payment, and the amount so deferred shall bear interest at the rate of 4 per centum per annum until paid. (e) Money in fund in excess of amount needed; certification of fact; disposition The Secretary of the Interior shall certify to the Secretary of the Treasury, at the close of each fiscal year, the amount of money in the fund in excess of the amount necessary for con- struction, operation, and maintenance, and pay- ment of interest. Upon receipt of each such cer- tificate the Secretary of the Treasury is author- ized and directed to charge the fund with the amount so certified as repayment of the ad- vances made under subdivision (b), which amount shall be covered into the Treasury to the credit of miscellaneous receipts. (Dec. 21, 1928, ch. 42, § 2, 45 Stat. 1057; Pub. L. 98–381, title I, § 103(a)(1), Aug. 17, 1984, 98 Stat. 1334.) Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–381 substituted a period for ‘‘, except that the aggregate amount of such ad- vances shall not exceed the sum of $165,000,000’’ at end of first sentence. § 617b. Authorization of appropriations There is authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such sums of money as may be necessary to carry out the purposes of this subchapter, not exceeding in the aggregate $242,000,000, of which $77,000,000 (October 1983 price levels) shall be adjusted plus or minus such amounts as may be justified by reason of ordi- nary fluctuations of construction costs as indi- cated by engineering cost indices applicable to the type of construction involved herein. Said $77,000,000 represents the additional amount re- quired for the uprating program and the visitor facilities program. (Dec. 21, 1928, ch. 42, § 3, 45 Stat. 1058; Pub. L. 98–381, title I, § 103(a)(2), Aug. 17, 1984, 98 Stat. 1334.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–381 substituted ‘‘$242,000,000, of which $77,000,000 (October 1983 price levels) shall be adjusted plus or minus such amounts as may be justified by rea- son of ordinary fluctuations of construction costs as in- dicated by engineering cost indices applicable to the type of construction involved herein. Said $77,000,000 represents the additional amount required for the uprating program and the visitor facilities program’’ for ‘‘$165,000,000’’. § 617c. Condition precedent to taking effect of provisions (a) Ratification by interested States of Colorado River compact; agreements for apportion- ment of waters This subchapter shall not take effect and no authority shall be exercised under this sub- chapter and no work shall be begun and no mon- eys expended on or in connection with the works or structures provided for in this subchapter, and no water rights shall be claimed or initiated thereunder, and no steps shall be taken by the United States or by others to initiate or perfect any claims to the use of water pertinent to such works or structures unless and until (1) the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming shall have ratified the Colorado River compact, mentioned in section 617l of this title, and the President by public proclamation shall have so declared, or (2) if said States fail to ratify the said compact Page 211 TITLE 43—PUBLIC LANDS § 617d within six months from December 21, 1928, then, until six of said States, including the State of California, shall ratify said compact and shall consent to waive the provisions of the first para- graph of Article XI of said compact, which makes the same binding and obligatory only when approved by each of the seven States sig- natory thereto, and shall have approved said compact without conditions, save that of such six-State approval, and the President by public proclamation shall have so declared, and, fur- ther, until the State of California, by act of its legislature, shall agree irrevocably and uncondi- tionally with the United States and for the ben- efit of the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as an express covenant and in consideration of the passage of this subchapter, that the aggregate annual con- sumptive use (diversions less returns to the river) of water of and from the Colorado River for use in the State of California, including all uses under contracts made under the provisions of this subchapter and all water necessary for the supply of any rights which existed on De- cember 21, 1928, shall not exceed four million four hundred thousand acre-feet of the waters apportioned to the lower basin States by para- graph (a) of Article III of the Colorado River compact, plus not more than one-half of any ex- cess or surplus waters unapportioned by said compact, such uses always to be subject to the terms of said compact. The States of Arizona, California, and Nevada are authorized to enter into an agreement which shall provide (1) that of the 7,500,000 acre-feet annually apportioned to the lower basin by paragraph (a) of Article III of the Colorado River compact, there shall be apportioned to the State of Nevada 300,000 acre-feet and to the State of Arizona 2,800,000 acre-feet for exclusive bene- ficial consumptive use in perpetuity, and (2) that the State of Arizona may annually use one- half of the excess or surplus waters unapportioned by the Colorado River compact, and (3) that the State of Arizona shall have the exclusive beneficial consumptive use of the Gila River and its tributaries within the boundaries of said State, and (4) that the waters of the Gila River and its tributaries, except return flow after the same enters the Colorado River, shall never be subject to any diminution whatever by any allowance of water which may be made by treaty or otherwise to the United States of Mex- ico but if, as provided in paragraph (c) of Article III of the Colorado River compact, it shall be- come necessary to supply water to the United States of Mexico from waters over and above the quantities which are surplus as defined by said compact, then the State of California shall and will mutually agree with the State of Arizona to supply out of the main stream of the Colorado River, one-half of any deficiency which must be supplied to Mexico by the lower basin, and (5) that the State of California shall and will fur- ther mutually agree with the States of Arizona and Nevada that none of said three States shall withhold water and none shall require the deliv- ery of water, which cannot reasonably be ap- plied to domestic and agricultural uses, and (6) that all of the provisions of said tri-State agree- ment shall be subject in all particulars to the provisions of the Colorado River compact and (7) said agreement to take effect upon the ratifica- tion of the Colorado River compact by Arizona, California, and Nevada. (b) Agreements for revenues to meet expenses of construction, operation, and maintenance of works Before any money is appropriated for the con- struction of said dam or power plant, or any construction work done or contracted for, the Secretary of the Interior shall make provision for revenues by contract, in accordance with the provisions of this subchapter, adequate in his judgment to insure payment of all expenses of operation and maintenance of said works in- curred by the United States and the repayment, within fifty years from the date of the comple- tion of said works, of all amounts advanced to the fund under subdivision (b) of section 617a of this title for such works together with interest thereon made reimbursable under this sub- chapter. Before any money is appropriated for the con- struction of said main canal and appurtenant structures to connect the Laguna Dam with the Imperial and Coachella Valleys in California, or any construction work is done upon said canal or contracted for, the Secretary of the Interior shall make provision for revenues, by contract or otherwise, adequate in his judgment to insure payment of all expenses of construction, oper- ation, and maintenance of said main canal and appurtenant structures in the manner provided in the reclamation law. If during the period of amortization the Sec- retary of the Interior shall receive revenues in excess of the amount necessary to meet the peri- odical payments to the United States as pro- vided in the contract, or contracts, executed under this subchapter, then, immediately after the settlement of such periodical payments, he shall pay to the State of Arizona 183⁄4 per cen- tum of such excess revenues and to the State of Nevada 183⁄4 per centum of such excess revenues. (Dec. 21, 1928, ch. 42, § 4, 45 Stat. 1058.) Editorial Notes REFERENCES IN TEXT The reclamation law, referred to in text, is defined in section 617k of this title. § 617d. Contracts for storage and use of waters for irrigation and domestic purposes; genera- tion and sale of electrical energy The Secretary of the Interior is authorized, under such general regulations as he may pre- scribe, to contract for the storage of water in said reservoir and for the delivery thereof at such points on the river and on said canal as may be agreed upon, for irrigation and domestic uses, and generation of electrical energy and de- livery at the switchboard to States, municipal corporations, political subdivisions, and private corporations of electrical energy generated at said dam, upon charges that will provide rev- enue which, in addition to other revenue accru- ing under the reclamation law and under this subchapter, will in his judgment cover all ex- penses of operation and maintenance incurred