§620c — Title 43 Public Lands | U.S. Code

Summary

The Secretary must follow the Federal reclamation laws when building, running, and caring for the Colorado River storage project and the listed participating projects. Irrigation repayment contracts must pay back construction costs in no more than fifty years (not counting any authorized development period), except as the Paonia and Eden projects are treated differently. Before building irrigation distribution works, repayment contracts must be made with an “organization” that can raise money by assessing all taxable real property inside its area, unless much of the land to be served belongs to the United States. Contracts for municipal water can ignore the limit in the last sentence of section 485h(c). For Indian lands served by a project, payments the land can afford must follow section 386a of title 25. For ten years from April 11, 1956, no water from these projects may be used to irrigate newly brought-into-production land for any “basic agricultural commodity” (as defined in the Agricultural Act of 1949) if the total supply that marketing year exceeds the “normal supply” in 7 U.S.C. 1301(b)(10), unless the Secretary of Agriculture orders more production for national security. All units and projects must follow the water apportionments set by the Colorado River Compact, the Upper Colorado River Basin Compact, and the treaty with Mexico.

Title 43, §620c

Public Lands — Source: USLM XML via OLRC

Except as otherwise provided in this chapter, in constructing, operating, and maintaining the units of the Colorado River storage project and the participating projects listed in section 620 of this title, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto): Provided, That (a) irrigation repayment contracts shall be entered into which, except as otherwise provided for the Paonia and Eden projects, provide for repayment of the obligation assumed thereunder with respect to any project contract unit over a period of not more than fifty years exclusive of any development period authorized by law; (b) prior to construction of irrigation distribution facilities, repayment contracts shall be made with an “organization” as defined in section 485a(g) of this title which has the capacity to levy assessments upon all taxable real property located within its boundaries to assist in making repayments, except where a substantial proportion of the lands to be served are owned by the United States; (c) contracts relating to municipal water supply may be made without regard to the limitations of the last sentence of section 485h(c) of this title; and (d), as to Indian lands within, under or served by any participating project, payment of construction costs within the capability of the land to repay shall be subject to section 386a of title 25: Provided further, That for a period of ten years from April 11, 1956, no water from any participating project authorized by this chapter shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 1301(b)(10) of title 7 unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. All units and participating projects shall be subject to the apportionments of the use of water between the Upper and Lower Basins of the Colorado River and among the States of the Upper Basin fixed in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, and to the terms of the treaty with the United Mexican States (Treaty Series 994).

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Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables. The Agricultural Act of 1949, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see

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note set out under section 1421 of Title 7 and Tables.

§620c Laws governing; irrigation repayment contracts; time for making contract; contracts for municipal water; payment by Indian lands; restricted delivery of water for excess commodity; apportionments of use

Summary

Title 43, §620c

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Editorial Notes

References in Text

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