43 U.S.C. § 1551: Construction of Colorado…

Summary

Keeps earlier Colorado River agreements and related Acts in force and not changed by this chapter, including the Colorado River Compact, the Upper Colorado River Basin Compact, the 1944 water treaty with Mexico, the Supreme Court decree in Arizona v. California (376 U.S. 340), and the Boulder Canyon and Colorado River Storage Project Acts. The Secretary must make reports every five years, starting with the five-year period beginning October 1, 1970, showing annual consumptive uses and losses from the Colorado River system. Those reports must give state-by-state totals and amounts from major tributaries, be prepared with the lower basin States and the Upper Colorado River Commission, and be sent to the President, Congress, and each Governor. The Secretary must also make all water-delivery contracts depend on water being available under the Colorado River Compact. All federal officers and agencies must follow these rules and the named agreements when storing, releasing, operating, and maintaining Colorado River reservoirs and related works. If a federal officer or agency fails to comply, a State that is harmed can sue in the Supreme Court to enforce the rules, and the United States may be joined as a party.

Title 43, §1551

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(a)Effect on other laws

Nothing in this chapter shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California and others (376 U.S. 340), or, except as otherwise provided herein, the Boulder Canyon Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], the Boulder Canyon Project Adjustment Act (54 Stat. 774), [43 U.S.C. 618 et seq.], or the Colorado River Storage Project Act (70 Stat. 105) [43 U.S.C. 620 et seq.].

(b)Reports to Congress

The Secretary is directed to—

(1)make reports as to the annual consumptive uses and losses of water from the Colorado River system after each successive five-year period, beginning with the five-year period starting on October 1, 1970. Such reports shall include a detailed breakdown of the beneficial consumptive use of water on a State-by-State basis. Specific figures on quantities consumptively used from the major tributary streams flowing into the Colorado River shall also be included on a State-by-State basis. Such reports shall be prepared in consultation with the States of the lower basin individually and with the Upper Colorado River Commission, and shall be transmitted to the President, the Congress, and to the Governors of each State signatory to the Colorado River Compact; and

(2)condition all contracts for the delivery of water originating in the drainage basin of the Colorado River system upon the availability of water under the Colorado River Compact.

(c)Compliance of Federal officers and agencies

All Federal officers and agencies are directed to comply with the applicable provisions of this chapter, and of the laws, treaty, compacts, and decree referred to in subsection (a) of this section, in the storage and release of water from all reservoirs and in the operation and maintenance of all facilities in the Colorado River system under the jurisdiction and supervision of the Secretary, and in the operation and maintenance of all works which may be authorized hereafter for the augmentation of the water supply of the Colorado River system. In the event of failure of any such officer or agency to so comply, any affected State may maintain an action to enforce the provisions of this section in the Supreme Court of the United States and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), 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

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note set out under section 1501 of this title and Tables. The Boulder Canyon Project Act, referred to in subsec. (a), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classified generally to subchapter I (§ 617 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 617t of this title and Tables. The Boulder Canyon Project Adjustment Act, referred to in subsec. (a), is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§ 618 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 618o of this title and Tables. The Colorado River Storage Project Act, referred to in subsec. (a), is act Apr. 11, 1956, ch. 203, 70 Stat. 105, which is classified generally to chapter 12B (§ 620 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 620 of this title and Tables. Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (b)(1) of this section relating to the requirement that the Secretary transmit a report to Congress every five years, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 9th item on page 114 of House Document No. 103–7.

§1551 Construction of Colorado River Basin Act

Summary

Title 43, §1551

Notes & Related Subsidiaries

Editorial Notes

References in Text

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