43 U.S.C. § 617c: Condition precedent to…

Summary

No work can start, no money can be spent, and no water rights can be claimed under this subchapter until the Colorado River compact is approved by the states named (Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming) and the President declares it so. If those states do not all ratify the compact within six months from December 21, 1928, then the rules don't take effect until six of those states, including California, approve the compact without conditions and the President declares that, and until California’s legislature agrees forever that its annual use of Colorado River water will not exceed 4,400,000 acre-feet plus at most one-half of any surplus water not apportioned by the compact. Arizona, California, and Nevada may make a three-state agreement that divides the lower basin’s 7,500,000 acre-feet so Nevada gets 300,000 acre-feet and Arizona gets 2,800,000 acre-feet forever; lets Arizona use one-half of surplus unallocated water each year; gives Arizona exclusive use of the Gila River in Arizona; protects Gila water from being reduced for Mexico except as the compact requires; says California and Arizona will split any extra water needed for Mexico beyond surplus amounts; and says the three states will not withhold or force delivery of water that cannot reasonably be used. That tri-state deal must follow the compact and starts when Arizona, California, and Nevada ratify the compact. Before money is appropriated for the dam, power plant, or the main canal linking Laguna Dam to the Imperial and Coachella Valleys, the Secretary of the Interior must arrange contracts or other revenue that the Secretary thinks are enough to pay operation and maintenance costs and to repay amounts advanced for construction within fifty years after the works are finished, with interest. If, while loans are being paid off, the Secretary gets more revenue than needed for the scheduled payments, then after making those payments he must pay Arizona 18¾ percent and Nevada 18¾ percent of the excess.

Title 43, §617c

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(a)Ratification by interested States of Colorado River compact; agreements for apportionment of waters

This subchapter shall not take effect and no authority shall be exercised under this subchapter and no work shall be begun and no moneys expended on or in connection with the works or structures provided for in this subchapter, and no water rights shall be claimed or initiated thereunder, and no steps shall be taken by the United States or by others to initiate or perfect any claims to the use of water pertinent to such works or structures unless and until (1) the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming shall have ratified the Colorado River compact, mentioned in section 617l of this title, and the President by public proclamation shall have so declared, or (2) if said States fail to ratify the said compact within six months from December 21, 1928, then, until six of said States, including the State of California, shall ratify said compact and shall consent to waive the provisions of the first paragraph of Article XI of said compact, which makes the same binding and obligatory only when approved by each of the seven States signatory thereto, and shall have approved said compact without conditions, save that of such six-State approval, and the President by public proclamation shall have so declared, and, further, until the State of California, by act of its legislature, shall agree irrevocably and unconditionally with the United States and for the benefit of the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as an express covenant and in consideration of the passage of this subchapter, that the aggregate annual consumptive use (diversions less returns to the river) of water of and from the Colorado River for use in the State of California, including all uses under contracts made under the provisions of this subchapter and all water necessary for the supply of any rights which existed on December 21, 1928, shall not exceed four million four hundred thousand acre-feet of the waters apportioned to the lower basin States by paragraph (a) of Article III of the Colorado River compact, plus not more than one-half of any excess or surplus waters unapportioned by said compact, such uses always to be subject to the terms of said compact. The States of Arizona, California, and Nevada are authorized to enter into an agreement which shall provide (1) that of the 7,500,000 acre-feet annually apportioned to the lower basin by paragraph (a) of Article III of the Colorado River compact, there shall be apportioned to the State of Nevada 300,000 acre-feet and to the State of Arizona 2,800,000 acre-feet for exclusive beneficial consumptive use in perpetuity, and (2) that the State of Arizona may annually use one-half of the excess or surplus waters unapportioned by the Colorado River compact, and (3) that the State of Arizona shall have the exclusive beneficial consumptive use of the Gila River and its tributaries within the boundaries of said State, and (4) that the waters of the Gila River and its tributaries, except return flow after the same enters the Colorado River, shall never be subject to any diminution whatever by any allowance of water which may be made by treaty or otherwise to the United States of Mexico but if, as provided in paragraph (c) of Article III of the Colorado River compact, it shall become necessary to supply water to the United States of Mexico from waters over and above the quantities which are surplus as defined by said compact, then the State of California shall and will mutually agree with the State of Arizona to supply out of the main stream of the Colorado River, one-half of any deficiency which must be supplied to Mexico by the lower basin, and (5) that the State of California shall and will further mutually agree with the States of Arizona and Nevada that none of said three States shall withhold water and none shall require the delivery of water, which cannot reasonably be applied to domestic and agricultural uses, and (6) that all of the provisions of said tri-State agreement shall be subject in all particulars to the provisions of the Colorado River compact and (7) said agreement to take effect upon the ratification of the Colorado River compact by Arizona, California, and Nevada.

(b)Agreements for revenues to meet expenses of construction, operation, and maintenance of works

Before any money is appropriated for the construction of said dam or power plant, or any construction work done or contracted for, the Secretary of the Interior shall make provision for revenues by contract, in accordance with the provisions of this subchapter, adequate in his judgment to insure payment of all expenses of operation and maintenance of said works incurred by the United States and the repayment, within fifty years from the date of the completion of said works, of all amounts advanced to the fund under subdivision (b) of section 617a of this title for such works together with interest thereon made reimbursable under this subchapter. Before any money is appropriated for the construction of said main canal and appurtenant structures to connect the Laguna Dam with the Imperial and Coachella Valleys in California, or any construction work is done upon said canal or contracted for, the Secretary of the Interior shall make provision for revenues, by contract or otherwise, adequate in his judgment to insure payment of all expenses of construction, operation, and maintenance of said main canal and appurtenant structures in the manner provided in the reclamation law. If during the period of amortization the Secretary of the Interior shall receive revenues in excess of the amount necessary to meet the periodical payments to the United States as provided in the contract, or contracts, executed under this subchapter, then, immediately after the settlement of such periodical payments, he shall pay to the State of Arizona 18¾ per centum of such excess revenues and to the State of Nevada 18¾ per centum of such excess revenues.

Editorial Notes

References in Text

The reclamation law, referred to in text, is defined in section 617k of this title.

§617c Condition Precedent to Taking Effect of Provisions

Summary

Title 43, §617c

Notes & Related Subsidiaries

Editorial Notes

References in Text

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