§1573 — Title 43 Public Lands | U.S. Code

Summary

Allows the Secretary to build, run, and keep up well fields that can supply about 160,000 acre-feet of water a year for use in the United States and to send water to Mexico to meet the 1944 Mexican Water Treaty and Minute No. 242. The Secretary can buy, use eminent domain, or trade for about 23,500 acres of land within about five miles of the Mexican border on the Yuma Mesa, and may swap State of Arizona land for Federal land. Lands taken out of the Yuma Mesa Irrigation and Drainage District must be replaced with similar lands nearby, and the Gila Gravity Main Canal can be used fully. Starting October 1, 1979, and when Congress provides money, the Secretary can make Reclamation Act contracts to deliver well water in the United States for municipal, industrial, or irrigation use. Municipal and industrial contracts must include certain existing required terms. Replacement irrigation water for privately developed lands must not cost more than if users had kept pumping their own wells, and acreage limits of the Reclamation Law will not apply to those private lands. No contract may stop the United States from delivering about 140,000 acre-feet a year to Mexico at San Luis and the Limitrophe Section as required by Minute No. 242. The costs of this work, including delivering water to Mexico, are not repayable except for the part of the water that is used in the United States.

Title 43, §1573

Public Lands — Source: USLM XML via OLRC

(a)The Secretary is authorized to:

(1)Construct, operate, and maintain, consistent with Minute No. 242, well fields capable of furnishing approximately one hundred and sixty thousand acre-feet of water per year for use in the United States and for delivery to Mexico in satisfaction of the 1944 Mexican Water Treaty.

(2)Acquire by purchase, eminent domain, or exchange, to the extent determined by him to be appropriate, approximately twenty-three thousand five hundred acres of lands or interests therein with approximately five miles of the Mexican border on the Yuma Mesa: Provided, however, That any such lands which are presently owned by the State of Arizona may be acquired or exchanged for Federal lands.

(3)Any lands removed from the jurisdiction of the Yuma Mesa Irrigation and Drainage District pursuant to clause (2) of this subsection which were available for use under the Gila Reauthorization Act (61 Stat. 628) [43 U.S.C. 613 et. seq.], shall be replaced with like lands within or adjacent to the Yuma Mesa division of the project. In the development of these substituted lands or any other lands within the Gila project, the Secretary may provide for full utilization of the Gila Gravity Main Canal in addition to contracted capacities.

(4)Effective October 1, 1979, and to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts under the terms and conditions of the Act of June 17, 1902 (43 U.S.C. 371 et seq.) as amended and supplemented for the delivery of water from said well field to entities within the United States for municipal and industrial or irrigation purposes: Provided, That such contracts for municipal and industrial purposes shall contain terms and conditions as substantially provided in section 485h(c)(1) of this title, and that contracts for replacement irrigation water supplies to prevent damage to existing water users on privately developed lands include water charges no greater than if such water users had continued to pump their own wells without the United States lowering the water table and that the acreage limitation and related provisions of the Reclamation Law will not be applicable to such privately developed lands: Provided further, That no contract shall be entered which will impair the ability of the United States to continue to deliver to Mexico on the land boundary at San Luis and in the Limitrophe Section of the Colorado River downstream from Morelos Dam approximately one hundred and forty thousand acre-feet annually, consistent with the terms contained in Minute No. 242 of the IBWC.

(b)The cost of work provided for in this section, including delivery of water to Mexico, shall be nonreimbursable; except to the extent that the waters furnished are used in the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Gila Reauthorization Act, referred to in subsec. (a)(3), is act

July 30, 1947, ch. 382, 61 Stat. 628, which was classified generally to subchapter XXI (§ 613 et seq.) of chapter 12 of this title, and was omitted from the Code. Act of

June 17, 1902, referred to in subsec. (a)(4), is act

June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables. The IBWC, referred to in subsec. (a)(4), is identified in section 1571 of this title.

Amendments

1980—Subsec. (a)(4). Pub. L. 96–336 added par. (4).

§1573 Construction and Maintenance of Well Fields; Land Acquisition; Land Replacement; Nonreimbursable Costs