Title 43, Public LandsRelease 119-110

§620d Upper Colorado River Basin Fund

Title 43 › CHAPTER 12B — COLORADO RIVER STORAGE PROJECT › § 620d

Last updated Sep 22, 2026|Official source

Summary

Creates a separate Treasury account called the Upper Colorado River Basin Fund and keeps it open until the money is used. Money that Congress gives for these projects goes into this fund as advances from the general Treasury. All receipts from running the Colorado River storage project and related projects also go into the fund. That money can be used without new approval to run, maintain, replace parts of, and pay for emergencies of those projects, but it cannot be used to build new units. Any money left over after operating needs is paid each year back to the Treasury to repay construction costs that are charged to power, municipal water, and irrigation—each within up to 50 years after a unit is finished—and to pay required interest first. The fund also covers costs for salinity control, replacing lost fish and wildlife values, and certain on-farm measures as the law requires. After those needs are met, remaining revenues are split among the Upper Division States: Colorado 46%, Utah 21.5%, Wyoming 15.5%, and New Mexico 17%. First, money left from each participating project goes to the state where that project is located. A state’s share must be used only to repay projects in that state unless the state agrees otherwise. Annual repayments to the Treasury for irrigation shares and special cases follow the usual 50‑year rule, with special rules for Paonia and Eden under the Acts of June 25, 1947, and June 28, 1949. The Treasury Secretary sets the interest rate at the start of the fiscal year when construction starts, based on Treasury marketable securities that are not due or callable for 15 years. Each year a business-type budget for operations paid from the Basin Fund must be sent to Congress.

Full Legal Text

Title 43, §620d

Public Lands, Source: USLM XML via OLRC

(a)Authorization and availability
There is authorized a separate fund in the Treasury of the United States to be known as the Upper Colorado River Basin Fund (hereinafter referred to as the Basin Fund), which shall remain available until expended, as hereafter provided, for carrying out provisions of this chapter other than section 620g of this title.
(b)Crediting of appropriations
All appropriations made for the purpose of carrying out the provisions of this chapter, other than section 620g of this title shall be credited to the Basin Fund as advances from the general fund of the Treasury.
(c)Crediting and availability of revenues
All revenues collected in connection with the operation of the Colorado River storage project and participating projects shall be credited to the Basin Fund, and shall be available, without further appropriation, for (1) defraying the costs of operation, maintenance, and replacements of, and emergency expenditures for, all facilities of the Colorado River storage project and participating projects, within such separate limitations as may be included in annual appropriation acts: Provided, That with respect to each participating project, such costs shall be paid from revenues received from each such project; (2) payment as required by subsection (d) of this section; and (3) payment as required by subsection (e) of this section. Revenues credited to the Basin Fund shall not be available for appropriation for construction of the units and participating projects authorized by or pursuant to this chapter.
(d)Payments of revenues in excess of operating needs to Treasury
Revenues in the Basin Fund in excess of operating needs shall be paid annually to the general fund of the Treasury to return—
(1)the costs of each unit, participating project, or any separable feature thereof which are allocated to power pursuant to section 620e of this title, within a period not exceeding fifty years from the date of completion of such unit, participating project, or separable feature thereof;
(2)the costs of each unit, participating project, or any separable feature thereof which are allocated to municipal water supply pursuant to section 620e of this title, within a period not exceeding fifty years from the date of completion of such unit, participating project, or separable feature thereof;
(3)interest on the unamortized balance of the investment (including interest during construction) in the power and municipal water supply features of each unit, participating project, or any separable feature thereof, at a rate determined by the Secretary of the Treasury as provided in subsection (f), and interest due shall be a first charge;
(4)the costs of each storage unit which are allocated to irrigation pursuant to section 620e of this title within a period not exceeding fifty years; and
(5)the costs of each salinity control unit or separable feature thereof, the costs of measures to replace incidental fish and wildlife values foregone, and the costs of the on-farm measures payable from the Upper Colorado River Basin Fund in accordance with section 1595(a)(2), 1595(a)(3), and 1595(c) of this title.
(e)Apportionment of excess revenues among States
Revenues in the Basin Fund in excess of the amounts needed to meet the requirements of clause (1) of subsection (c) of this section, and to return to the general fund of the Treasury the costs set out in subsection (d) of this section, shall be apportioned among the States of the Upper Division in the following percentages: Colorado, 46 per centum; Utah, 21.5 per centum; Wyoming, 15.5 per centum; and New Mexico, 17 per centum: Provided, That prior to the application of such percentages, all revenues remaining in the Basin Fund from each participating project (or part thereof), herein or hereafter authorized, after payments, where applicable, with respect to such projects, to the general fund of the Treasury under subparagraphs (1), (2), and (3) of subsection (d) of this section shall be apportioned to the State in which such participating project, or part thereof, is located. Revenues so apportioned to each State shall be used only for the repayment of construction costs of participating projects or parts of such projects in the State to which such revenues are apportioned and shall not be used for such purpose in any other State without the consent, as expressed through its legally constituted authority, of the State to which such revenues are apportioned. Subject to such requirement, there shall be paid annually into the general fund of the Treasury from the revenues apportioned to each State (1) the costs of each participating project herein authorized (except Paonia) or any separable feature thereof, which are allocated to irrigation pursuant to section 620e of this title, within a period not exceeding fifty years, in addition to any development period authorized by law, from the date of completion of such participating project or separable feature thereof, or, in the case of Indian lands, payment in accordance with section 620c of this title; (2) costs of the Paonia project, which are beyond the ability of the water users to repay, within a period prescribed in the Act of June 25, 1947 (61 Stat. 181); and (3) costs in connection with the irrigation features of the Eden project as specified in the Act of June 28, 1949 (63 Stat. 277).
(f)Determination of interest rate
The interest rate applicable to each unit of the storage project and each participating project for purposes of computing interest during construction and interest on the unpaid balance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from the date of issue.
(g)Budget to be submitted to Congress
Business-type budgets shall be submitted to the Congress annually for all operations financed by the Basin Fund.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of
June 25, 1947, referred to in subsec. (e), is act
June 25, 1947, ch. 148, 61 Stat. 181, which authorized the

Construction

, operation, and maintenance of the Paonia Federal reclamation project, Colorado, and which is not classified to the Code. Act of
June 28, 1949, referred to in subsec. (e), is act
June 28, 1949, ch. 255, 63 Stat. 277, which authorized the completion of

Construction

and development of the Eden project, Wyoming, and which is not classified to the Code.

Amendments

1984—Subsec. (d)(5). Pub. L. 98–569 inserted “, the costs of measures to replace incidental fish and wildlife values foregone, and the costs of the on-farm measures” before “payable”. 1974—Subsec. (d)(5). Pub. L. 93–320 added par. (5). 1962—Subsec. (e). Pub. L. 87–483 substituted “hereafter” for “hereinafter” in proviso in first par. 1960—Subsec. (f). Pub. L. 86–529 required Secretary, for purposes of computing interest during

Construction

and interest on unpaid balance, to determine interest rate as of beginning of fiscal year in which

Construction

is initiated, on basis of computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–569 effective Oct. 30, 1984, see section 6 of Pub. L. 98–569, set out as a note under section 1591 of this title.

Effective Date

of 1960 Amendment Pub. L. 86–529, § 9,
June 27, 1960, 74 Stat. 227, provided that the amendment made by section 9 is effective
June 1, 1960. Termination of Reporting RequirementsFor termination, effective
May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (g) of this section is listed as the 8th item on page 114), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.

Reference

Citations & Metadata

Citation

43 U.S.C. § 620d

Title 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110