16 U.S.C. § 695i: Authorization of Secretary…

Summary

The Secretary of the Interior can make contracts so public agencies can get water from the Central Valley Project for waterfowl habitat in the Grasslands area of the San Joaquin Valley. When the water is available, the cost of that water does not have to be paid back under federal reclamation laws. To keep getting the water without repayment, the public agencies (not the State of California) must meet several rules. They must give the U.S. Fish and Wildlife Service at least 3,500 acre-feet of water each year from October 1 to November 30, and at least 4,000 acre-feet each year from May 1 to September 30, if that water is available; the Secretary can change these amounts or dates. Those agencies must build, operate, and maintain the pipes or canals needed to deliver this water to points the Service names or both agree on, and the Service will move the water from those points to its lands. Contracts must say that if an agency fails to follow its duties, the rights to use the facilities and the water go back to the Secretary for migratory waterfowl uses under California law. Lands inside the agencies must be restricted by covenants to waterfowl and wildlife habitat or other uses agreed with the Service.

Title 16, §695i

Conservation, Source: USLM XML via OLRC

The Secretary of the Interior is authorized to contract for the delivery of water to public organizations or agencies for use within the boundaries of such organizations or agencies for waterfowl purposes in the Grasslands area of the San Joaquin Valley. If and when available, such water shall be delivered from the Central Valley project to the contracting entity, and the cost of furnishing the water shall not be reimbursable or returnable under the Federal reclamation laws: Provided, That, in order for the delivery of such water to continue on a nonreimbursable or nonreturnable basis—

(a)Amount and time of water delivery to Service

the public organizations or agencies contracting with the Secretary of the Interior, excluding the State of California, shall deliver annually to the United States Fish and Wildlife Service (hereinafter referred to as the “Service”), at no cost to the United States, not less than three thousand five hundred acre-feet of water during the period October 1 through November 30, inclusive, and not less than four thousand acre-feet of water during the period May 1 through September 30, inclusive, if available: Provided, That such amounts of water and times of delivery may be changed upon approval of the Secretary of the Interior;

(b)Construction, operation, and maintenance of water conveyance facilities

the public organizations or agencies, excluding the State of California, shall construct, operate, and maintain any water conveyance facilities necessary to deliver the water referred to in subsection (a) of this section to a point or points within the boundaries of such public organization or agency as designated by the Service, or to such points as may be mutually agreed upon by the public organization or agency and the Service. The Service shall be responsible for delivering the water from such point or points to appropriate locations within lands under its jurisdiction;

(c)Reversionary rights of Secretary

any contract entered into by the Secretary of the Interior and any public organization or agency pursuant to sections 695d to 695j–1 of this title shall provide that in the event the public organization or agency for any reason fails to carry out the obligations imposed upon it by said contract or by sections 695d to 695j–1 of this title, the rights of use of any facilities referred to in subsection (b), and the rights to all water contracted for by the organization or agency pursuant to sections 695d to 695j–1 of this title shall revert to the Secretary of the Interior for migratory waterfowl purposes in accordance with the laws of the State of California; and

(d)Restrictive covenants

in accordance with existing or future contracts, the use of lands located within the boundaries of the public organizations or agencies shall be restricted by covenants requiring that such lands be used only for the purpose of waterfowl and wildlife habitat conservation or other uses as may be mutually agreed upon by the public organizations or agencies and the Service.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal reclamation laws, referred to in introductory text, are identified in section 695f of this title.

Amendments

1978—Pub. L. 95–616 inserted second sentence, including pars. (a) to (d), and struck out prior second sentence which read as follows: “If and when available, such water shall be delivered from the Central Valley project at a charge not to exceed the prevailing charge for class 2 water.”

§695i Authorization of Secretary of the Interior to Contract for Water Delivery; Nonreimbursable or Nonreturnable Basis of Delivery