PRIA, Government Policy, Made Personal

Summary

The Interior Secretary can create and run a "top water bank" in Navajo Reservoir using spare capacity. Water put into that bank will not be covered by section 11 of Public Law 87-483 (76 Stat. 99). The bank can store water for uses other than irrigation under its own rules, and it must not interfere with the Secretary’s ability to deliver water under contracts made under Public Law 87-483 or under New Mexico State Engineer File Nos. 2847, 2848, 2849, and 2917. The Secretary must work with New Mexico’s Interstate Stream Commission to make rules for storing, accounting for, and releasing banked water. Those rules must require State Engineer approval so no existing water right is harmed (including File No. 2849), account for evaporation and other losses, let owners request releases on a reasonable schedule, make banked water the first released for flood control (but not count it when deciding releases for the San Juan River Basin Recovery Implementation Program), and allow only water that would have been diverted and used in New Mexico that year. The Secretary can charge users fees to cover the bank’s operating costs.

Title 43, §620n–1

Public Lands, Source: USLM XML via OLRC

(a)The Secretary of the Interior may create and operate within the available capacity of Navajo Reservoir a top water bank.

(b)Water made available for the top water bank in accordance with subsections (c) and (d) shall not be subject to section 11 of Public Law 87–483 (76 Stat. 99).

(c)The top water bank authorized under subsection (a) shall be operated in a manner that—

(1)is consistent with applicable law, except that, notwithstanding any other provision of law, water for purposes other than irrigation may be stored in the Navajo Reservoir pursuant to the rules governing the top water bank established under this section; and

(2)does not impair the ability of the Secretary of the Interior to deliver water under contracts entered into under—

(A)Public Law 87–483 (76 Stat. 96); and

(B)New Mexico State Engineer File Nos. 2847, 2848, 2849, and 2917.

(d)(1)The Secretary of the Interior, in cooperation with the State of New Mexico (acting through the Interstate Stream Commission), shall develop any terms and procedures for the storage, accounting, and release of water in the top water bank that are necessary to comply with subsection (c).

(2)The terms and procedures developed under paragraph (1) shall include provisions requiring that—

(A)the storage of banked water shall be subject to approval under State law by the New Mexico State Engineer to ensure that impairment of any existing water right does not occur, including storage of water under New Mexico State Engineer File No. 2849;

(B)water in the top water bank be subject to evaporation and other losses during storage;

(C)water in the top water bank be released for delivery to the owner or assigns of the banked water on request of the owner, subject to reasonable scheduling requirements for making the release;

(D)water in the top water bank be the first water spilled or released for flood control purposes in anticipation of a spill, on the condition that top water bank water shall not be released or included for purposes of calculating whether a release should occur for purposes of satisfying the flow recommendations of the San Juan River Basin Recovery Implementation Program; and

(E)water eligible for banking in the top water bank shall be water that otherwise would have been diverted and beneficially used in New Mexico that year.

(e)The Secretary of the Interior may charge fees to water users that use the top water bank in amounts sufficient to cover the costs incurred by the United States in administering the water bank.

Notes & Related Subsidiaries

Termination of SectionFor termination of section by section 10701(e)(2) of Pub. L. 111–11, see Termination Date note below.

Editorial Notes

References in Text

Public Law 87–483, referred to in subsecs. (b) and (c)(2)(A), is Pub. L. 87–483, June 13, 1962, 76 Stat. 96, which was classified principally to subchapter XXX (§ 615ii et seq.) of chapter 12 of this title, and was omitted from the Code. section 11 of Pub. L. 87–483 was classified to § 615ss of this title prior to being omitted from the Code.

Statutory Notes and Related Subsidiaries

Termination Date Section to be null and void on issuance of a court order terminating a certain Agreement and Contract between New Mexico, the Navajo Nation, and the United States, see section 10701(e)(2) of Pub. L. 111–11, set out as an Agreement note under section 620 of this title.

§620n–1 Top Water Bank