43 U.S.C. § 617g — Colorado River compact as controlling au-

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. Page 214 TITLE 43—PUBLIC LANDS § 617h (b) Also the United States, in constructing, managing, and operating the dam, reservoir, ca- nals, and other works herein authorized in in- cluding the appropriation, delivery, and use of water for the generation of power, irrigation, or other uses, and all users of water thus delivered and all users and appropriators of waters stored by said reservoir and/or carried by said canal, including all permittees and licensees of the United States or any of its agencies, shall ob- serve and be subject to and controlled, anything to the contrary herein notwithstanding, by the terms of such compact, if any, between the States of Arizona, California, and Nevada, or any two thereof, for the equitable division of the benefits, including power, arising from the use of water accruing to said States, subsidiary to and consistent with said Colorado River com- pact, which may have been negotiated and ap- proved by said States and to which Congress shall have given its consent and approval on or before January 1, 1929; and the terms of any such compact concluded between said States and ap- proved and consented to by Congress after said date: Provided, That in the latter case such com- pact shall be subject to all contracts, if any, made by the Secretary of the Interior under sec- tion 617d of this title prior to the date of such approval and consent by Congress. (Dec. 21, 1928, ch. 42, § 8, 45 Stat. 1062.) § 617h. Lands capable of irrigation and reclama- tion by irrigation works; public entry; pref- erences Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C. 617(h)) shall be opened for entry, in tracts varying in size but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclamation law, and any such entryman shall pay an equitable share in accordance with the benefits received, as determined by the said Secretary, of the construction cost of said canal and appurtenant structures; said payments to be made in such installments and at such times as may be specified by the Secretary of the Inte- rior, in accordance with the provisions of the said reclamation law, and shall constitute rev- enue from said project and be covered into the fund herein provided for: Provided, That all per- sons who served in the United States Army, Navy, Marine Corps, or Coast Guard during World War II, the War with Germany, the War with Spain, or in the suppression of the insur- rection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve, shall have the exclusive preference right for a period of three months to enter said lands, sub- ject, however, to the provisions of section 433 of this title; and also, so far as practicable, pref- erence shall be given to said persons in all con- struction work authorized by this subchapter: Provided further, That the above exclusive pref- erence rights shall apply to veteran settlers on lands watered from the Gila canal in Arizona the same as to veteran settlers on lands watered from the All-American canal in California: Pro- vided further, That in the event such an entry shall be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relinquished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquish- ment in the local land office, and after the expi- ration of said sixty-day period such lands shall be open to entry, subject to the preference in this section provided. (Dec. 21, 1928, ch. 42, § 9, 45 Stat. 1063; Mar. 6, 1946, ch. 58, 60 Stat. 36; Pub. L. 94–579, title VII, § 704, Oct. 21, 1976, 90 Stat. 2792.) Editorial Notes REFERENCES IN TEXT Act of March 6, 1946 (43 U.S.C. 617(h)), referred to in text, probably means act Mar. 6, 1946, ch. 58, 60 Stat. 36, which amended this section and which authorized all lands of the United States found by the Secretary of the Interior to be practicable of irrigation and reclama- tion by the irrigation works authorized by the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057, to be withdrawn from public entry. The reclamation law, referred to in text, is defined in section 617k of this title. AMENDMENTS 1976—Pub. L. 94–579 substituted ‘‘Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn under the Act of March 6, 1946 (43 U.S.C. 617(h))’’ for ‘‘Thereafter, at the direction of the Secretary of the Interior, such lands’’, and struck out provisions authorizing withdrawal from public entry of all public lands found by Secretary of the Interior to be practicable of irrigation and reclamation by irrigation works authorized under the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057. 1946—Act Mar. 6, 1946, struck out ‘‘or’’ before ‘‘Marine Corps’’ and inserted ‘‘or Coast Guard during World War II’’ after ‘‘Marine Corps,’’ and second proviso. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to Naval Reserve, other than references to Naval Reserve regarding the United States Naval Re- serve Retired List, deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109–163, set out as a note under section 10101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that amendment to this section striking out provision relating to withdrawal of public lands is effective on and after Oct. 21, 1976. SAVINGS PROVISION Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., exist- ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. REPEAL OF PRIOR ACTS CONTINUING SECTION Section 6 of Joint Res. July 3, 1952, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54 as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions until July 3, 1952. This repeal took effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952. § 617i. Modification of existing compact relating to Laguna Dam Nothing in this subchapter shall be construed as modifying in any manner the existing con-