Title 43Public LandsRelease 119-73

§617l Colorado River compact approval

Title 43 › Chapter CHAPTER 12A— - BOULDER CANYON PROJECT › Subchapter SUBCHAPTER I— - BOULDER CANYON PROJECT ACT › § 617l

Last updated Apr 6, 2026|Official source

Summary

Congress approves the Colorado River Compact signed at Santa Fe, New Mexico, on November 24, 1922, under the Act of Congress approved August 19, 1921. The rule that the compact only becomes binding after every signatory state’s legislature approves it is removed. The compact will take effect when California and at least five of the other six states (Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming) approve it and agree to this change. All water rights the United States has, and all federal patents, grants, contracts, leases, permits, licenses, rights-of-way, or other permissions needed for using the river or for making electricity from it (including under the Federal Power Act), must follow the compact. Those conditions stay with the land and the water rights, and the seven states and their water users can enforce them in court.

Full Legal Text

Title 43, §617l

Public Lands — Source: USLM XML via OLRC

(a)The Colorado River compact signed at Santa Fe, New Mexico, November 24, 1922, pursuant to Act of Congress approved August 19, 1921, entitled “An Act to permit a compact or agreement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming respecting the disposition and apportionment of the waters of the Colorado River, and for other purposes”, is approved by the Congress of the United States, and the provisions of the first paragraph of article 11 of the said Colorado River compact, making said compact binding and obligatory when it shall have been approved by the legislature of each of the signatory States, are waived, and this approval shall become effective when the State of California and at least five of the other States mentioned, shall have approved or may hereafter approve said compact as aforesaid and shall consent to such waiver, as herein provided.
(b)The rights of the United States in or to waters of the Colorado River and its tributaries howsoever claimed or acquired, as well as the rights of those claiming under the United States, shall be subject to and controlled by said Colorado River compact.
(c)Also all patents, grants, contracts, concessions, leases, permits, licenses, rights-of-way, or other privileges from the United States or under its authority, necessary or convenient for the use of waters of the Colorado River or its tributaries, or for the generation or transmission of electrical energy generated by means of the waters of said river or its tributaries, whether under this subchapter, the Federal Power Act [16 U.S.C. 791a et seq.], or otherwise, shall be upon the express condition and with the express covenant that the rights of the recipients or holders thereof to waters of the river or its tributaries, for the use of which the same are necessary, convenient, or incidental, and the use of the same shall likewise be subject to and controlled by said Colorado River compact.
(d)The conditions and covenants referred to herein shall be deemed to run with the land and the right, interest, or privilege therein and water right, and shall attach as a matter of law, whether set out or referred to in the instrument evidencing any such patent, grant, contract, concession, lease, permit, license, right-of-way, or other privilege from the United States or under its authority, or not, and shall be deemed to be for the benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and the users of water therein or thereunder, by way of suit, defense, or otherwise, in any litigation respecting the waters of the Colorado River or its tributaries.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of Congress approved August 19, 1921, referred to in subsec. (a), is act Aug. 19, 1921, ch. 72, 42 Stat. 171, which is not classified to the Code. The Federal Power Act, referred to in subsec. (c), which was in the original the “Federal Water Power Act”, is defined in section 617k of this title. For further details, see note set out under section 617k of this title.

Statutory Notes and Related Subsidiaries

Upper Colorado River Basin CompactThe Upper Colorado River Basin Compact signed by the States of Arizona, Colorado, New Mexico, Utah, and Wyoming on October 11, 1948, was approved by Congress Apr. 6, 1949, ch. 48, 63 Stat. 31.

Reference

Citations & Metadata

Citation

43 U.S.C. § 617l

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73