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Title 43 — Public LandsRelease 119-73not60

§1541 Allocation of Costs; Repayment

Title 43 › Chapter 32— COLORADO RIVER BASIN PROJECT › Subchapter IV— LOWER COLORADO RIVER BASIN DEVELOPMENT FUND › § 1541

Last updated Apr 5, 2026|Official source

Summary

The Secretary must divide the total cost of building each lower-basin unit or feature among ten uses, such as commercial power, irrigation, municipal and industrial water, flood control, navigation, water quality, recreation, fish and wildlife, replacing Colorado River water used under the 1944 Mexican Water Treaty, and other federal reclamation purposes. Costs for replacing water used to meet the Mexican Treaty (including transit losses, evaporation from storage, and delivery losses at the Mexican border) must not be repaid. The nonreimbursable share is set by the ratio of the water needed for the Treaty to the total Colorado River augmentation under the investigations in subchapter II and any future acts of Congress. Repayment for recreation and fish and wildlife follows the Federal Water Project Recreation Act, except that all recreation and fish and wildlife costs for the Dixie project in Utah are also nonreimbursable. Nonreimbursable costs are not returned under this chapter.

Full Legal Text

Title 43, §1541

Public Lands — Source: USLM XML via OLRC

Upon completion of each lower basin unit of the project herein or hereafter authorized, or separate feature thereof, the Secretary shall allocate the total costs of constructing said unit or features to (1) commercial power, (2) irrigation, (3) municipal and industrial water supply, (4) flood control, (5) navigation, (6) water quality control, (7) recreation, (8) fish and wildlife, (9) the replenishment of the depletion of Colorado River flows available for use in the United States occasioned by performance of the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), and (10) any other purposes authorized under the Federal reclamation laws. Costs of construction, operation, and maintenance allocated to the replenishment of the depletion of Colorado River flows available for use in the United States occasioned by compliance with the Mexican Water Treaty (including losses in transit, evaporation from regulatory reservoirs, and regulatory losses at the Mexican boundary, incurred in the transportation, storage, and delivery of water in discharge of the obligations of that treaty) shall be nonreimbursable: Provided, That the nonreimbursable allocation shall be made on a pro rata basis to be determined by the ratio between the amount of water required to comply with the Mexican Water Treaty and the total amount of water by which the Colorado River is augmented pursuant to the investigations authorized subchapter II of this chapter and any future Congressional authorization. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213) [16 U.S.C. 460l–12 et seq.]: Provided, That all of the separable and joint costs allocated to recreation and fish and wildlife enhancement as a part of the Dixie project, Utah, shall be nonreimbursable. Costs allocated to nonreimbursable purposes shall be nonreturnable under the provisions of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal reclamation laws, referred to in par. (10), are identified in section 1554 of this title. The Federal Water Project Recreation Act, referred to in text, is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, which is classified principally to part C (§ 460l–12 et seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 460l–12 of Title 16 and Tables. This chapter, referred to in text, 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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1541

Title 43 — Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60