43 U.S.C. § 1523: Power requirements of…

Summary

Finish engineering and money studies and pick the most practical plan to supply power for the Central Arizona Project and to add to the Lower Colorado River Basin Development Fund. The Secretary may include building or buying power from hydro plants, thermal plants, transmission lines, or any mix of those. The Secretary cannot study or build any dams on the main Colorado River between Hoover Dam and Glen Canyon Dam. If the plan includes private groups building thermal powerplants, the United States may buy part of those plants’ capacity and have power delivered to agreed delivery points. Power the United States does not need can be sold at prices the Secretary sets, and may be marketed with other federal power to get better firm rates. Agreements must spell out how construction, operation, and costs are shared, give the United States credit for any federal land used, and must exclude from U.S. payment items like interest (including interest during construction), financing charges, and franchise fees. The United States will not provide funds beyond preconstruction work until contracts cover land, water, fuel, power availability, rights-of-way, transmission, and other needed arrangements. No later than one year from September 30, 1968, the Secretary must send the recommended plan to Congress. Except for the purchases allowed above, the plan cannot take effect until Congress approves it. If a thermal plant in Arizona uses water taken from the Colorado River system above Lee Ferry, that water use counts toward the fifty thousand acre-feet per annum allotted to Arizona by the Upper Colorado River Basin Compact.

Title 43, §1523

Public Lands, Source: USLM XML via OLRC

(a)Engineering and economic studies

The Secretary is authorized and directed to continue to a conclusion appropriate engineering and economic studies and to recommend the most feasible plan for the construction and operation of hydroelectric generating and transmission facilities, the purchase of electrical energy, the purchase of entitlement to electrical plant capacity, or any combination thereof, including participation, operation, or construction by non-Federal entities, for the purpose of supplying the power requirements of the Central Arizona Project and augmenting the Lower Colorado River Basin Development Fund: Provided, That nothing in this section or in this chapter contained shall be construed to authorize the study or construction of any dams on the main stream of the Colorado River between Hoover Dam and Glen Canyon Dam.

(b)Construction of thermal generating powerplants; agreements for acquisition by United States of portions of plant capacity

If included as a part of the recommended plan, the Secretary may enter into agreements with non-Federal interests proposing to construct thermal generating powerplants whereby the United States shall acquire the right to such portions of their capacity, including delivery of power and energy over appurtenant transmission facilities to mutually agreed upon delivery points, as he determines is required in connection with the operation of the Central Arizona Project. When not required for the Central Arizona Project, the power and energy acquired by such agreements may be disposed of intermittently by the Secretary for other purposes at such prices as he may determine, including its marketing in conjunction with the sale of power and energy from Federal powerplants in the Colorado River system so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates. The agreements shall provide among other things, that—

(1)the United States shall pay not more than that portion of the total construction cost, exclusive of interest during construction, of the powerplants, and of any switchyards and transmission facilities serving the United States, as is represented by the ratios of the respective capacities to be provided for the United States therein to the total capacities of such facilities. The Secretary shall make the Federal portion of such costs available to the non-Federal interests during the construction period, including the period of preparation of designs and specifications, in such installments as will facilitate a timely construction schedule, but no funds other than for preconstruction activities shall be made available by the Secretary until he determines that adequate contractual arrangements have been entered into between all the affected parties covering land, water, fuel supplies, power (its availability and use), rights-of-way, transmission facilities and all other necessary matters for the thermal generating powerplants;

(2)annual operation and maintenance costs shall be apportioned between the United States and the non-Federal interests on an equitable basis taking into account the ratios determined in accordance with the foregoing clause (1): Provided, however, That the United States shall share on the foregoing basis in the depreciation component of such costs only to the extent of provision for depreciation on replacements financed by the non-Federal interests;

(3)the United States shall be given appropriate credit for any interests in Federal lands administered by the Department of the Interior that are made available for the power plants and appurtenances;

(4)costs to be borne by the United States under clauses (1) and (2) shall not include (a) interest and interest during construction, (b) financing charges, (c) franchise fees, and (d) such other costs as shall be specified in the agreement.

(c)Recommended plan; submission to Congress

No later than one year from September 30, 1968, the Secretary shall submit his recommended plan to the Congress. Except as authorized by subsection (b) of this section, such plan shall not become effective until approved by the Congress.

(d)Apportionment of water for Arizona plants diverted above Lee Ferry

If any thermal generating plant referred to in subsection (b) of this section is located in Arizona, and if it is served by water diverted from the drainage area of the Colorado River system above Lee Ferry, other provisions of existing law to the contrary notwithstanding, such consumptive use of water shall be a part of the fifty thousand acre-feet per annum apportioned to the State of Arizona by article III(a) of the Upper Colorado River Basin Compact (63 Stat. 31).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, known as the Colorado River Basin Project Act, which enacted this chapter and section 616aa–1, 620a–1, 620a–2, 620c–1, and 620d–1 of this title, amended section 616hh, 620, and 620a of this title, and enacted provisions set out as notes under section 620, 620k, and 1501 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1501 of this title and Tables.

§1523 Power Requirements of Central Arizona Project and Augmentation of Lower Colorado River Basin Development Fund