Title 43Public LandsRelease 119-73

§1572 Canal or canal lining

Title 43 › Chapter CHAPTER 32A— - COLORADO RIVER BASIN SALINITY CONTROL › Subchapter SUBCHAPTER I— - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM › § 1572

Last updated Apr 6, 2026|Official source

Summary

Authorize the Secretary to build a new concrete-lined canal or to line about forty-nine miles of the unlined part of the Coachella Canal to help meet the salinity control goals of Minute No. 242. The United States may temporarily use the same amount of water that is saved by the lining. That temporary period starts when the work is finished and ends the first year the Secretary delivers less main Colorado River water to California than the total requested by California agencies under their contracts and by federal users claiming rights under the Supreme Court decree in Arizona v. California (376 U.S. 340). Construction costs must be paid back without interest in equal yearly payments over forty years, starting the year after work ends, with the United States and the Coachella Valley County Water District sharing the payments under a repayment contract. The Secretary may buy or take private lands on the Imperial East Mesa that get or have rights to water from Imperial Irrigation District’s Coachella Canal capacity; those costs are not repaid and no water rights are taken. The Secretary can credit Imperial Irrigation District for capacity it gives up because of lining, without changing how All-American Canal operation and maintenance costs are split. The Secretary must also transfer specific parcels (Township 9 South, Range 25 West, Gila and Salt River meridian, Arizona: Section 25: Lots 18–23; Section 26: Lots 1, 12–15; Section 27: Lot 3, and all accretion) to the Cocopah Tribe to be held in trust, build three bridges (one for heavy vehicles) over the bypass drain on the reservation, and those actions fully pay the tribe for required rights-of-way for the bypass drain and electrical lines.

Full Legal Text

Title 43, §1572

Public Lands — Source: USLM XML via OLRC

(a)To assist in meeting salinity control objectives of Minute No. 242 during an interim period, the Secretary is authorized to construct a new concrete-lined canal or, to line the presently unlined portion of the Coachella Canal of the Boulder Canyon project, California, from station 2 plus 26 to the beginning of siphon numbered 7, a length of approximately forty-nine miles. The United States shall be entitled to temporary use of a quantity of water, for the purpose of meeting the salinity control objectives of Minute No. 242, during an interim period, equal to the quantity of water conserved by constructing or lining the said canal. The interim period shall commence on completion of construction or lining said canal and shall end the first year that the Secretary delivers main stream Colorado River water to California in an amount less than the sum of the quantities requested by (1) the California agencies under contracts made pursuant to section 617d of this title, and (2) Federal establishments to meet their water rights acquired in California in accordance with the Supreme Court decree in Arizona against California (376 U.S. 340).
(b)The charges for total construction shall be repayable without interest in equal annual installments over a period of forty years beginning in the year following completion of construction: Provided, That, repayment shall be prorated between the United States and the Coachella Valley County Water District, and the Secretary is authorized to enter into a repayment contract with Coachella Valley County Water District for that purpose. Such contract shall provide that annual repayment installments shall be nonreimbursable during the interim period, defined in subsection (a) and shall provide that after the interim period, said annual repayment installments or portions thereof, shall be paid by Coachella Valley County Water District.
(c)The Secretary is authorized to acquire by purchase, eminent domain, or exchange private lands or interests therein, as may be determined by him to be appropriate, within the Imperial Irrigation District on the Imperial East Mesa which receive, or which have been granted rights to receive, water from Imperial Irrigation District’s capacity in the Coachella Canal. Costs of such acquisitions shall be nonreimbursable and the Secretary shall return such lands to the public domain. The United States shall not acquire any water rights by reason of this land acquisition.
(d)The Secretary is authorized to credit Imperial Irrigation District against its final payments for certain outstanding construction charges payable to the United States on account of capacity to be relinquished in the Coachella Canal as a result of the canal lining program, all as determined by the Secretary: Provided, That, relinquishment of capacity shall not affect the established basis for allocating operation and maintenance costs of the main All-American Canal to existing contractors.
(e)The Secretary is authorized and directed to cede the following land to the Cocopah Tribe of Indians, subject to rights-of-way for existing levees, to be held in trust by the United States for the Cocopah Tribe of Indians: Township 9 south, range 25 west of the Gila and Salt River meridian, Arizona; section 25: Lots 18, 19, 20, 21, 22, and 23; section 26: Lots 1, 12, 13, 14, and 15; section 27: Lot 3; and all accretion to the above described lands. The Secretary is authorized and directed to construct three bridges, one of which shall be capable of accommodating heavy vehicular traffic, over the portion of the bypass drain which crosses the reservation of the Cocopah Tribe of Indians. The transfer of lands to the Cocopah Indian Reservation and the construction of bridges across the bypass drain shall constitute full and complete payment to said tribe for the rights-of-way required for construction of the bypass drain and electrical transmission lines for works authorized by this subchapter.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1572

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73