§590z–1 Prerequisites for Construction of Project

Summary

Before any project is built, the Secretary must study it and send a report to the President. The report must show the project can be built, the estimated cost, how much of that cost is for irrigation, how much users can probably repay under section 590z–2, how much can be paid back from municipal or power revenues, how much applies to Indian trust and tribal lands under existing Indian law, and any flood-control share after talking with the Army Corps of Engineers. The Secretary must also talk with the Secretary of Agriculture about USDA participation under sections 590z–3 and 590z–4 and send the USDA’s report to the President. A project may go forward only if the Secretary certifies feasibility and likely repayment of the irrigation share to be met by money under section 590z–10(1), and the President approves and finds federal agencies (like the Works Projects Administration) should supply needed services, materials, easements, or money to cover the gap between the estimated cost and the sum of the funds from 590z–10(1) plus acceptable non‑Federal contributions under section 590z. No physical construction can start until the Secretary finds that needed land or land interests are secured or are very likely to be secured with acceptable titles and prices, and that water rights have been acquired or started and can be perfected and used under State law and any interstate agreements. The Secretary may divide a project into parts after consulting the Secretary of Agriculture; those parts count as “project” for the rules above. Projects funded from the 1940 water conservation appropriation can be made part of this subchapter by agreement with the Secretary of Agriculture and then must follow these rules except the investigation and land/water prerequisites in subsections (a) and (b).