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TUE TINIVERSITV NE

MICHIGAN FIBRARIES

SEC. 7. The hydroelectric powerplants and transmission lines author- Power plant ized by this Act to be constructed, operated, and maintained by the operations. Secretary shall be operated in conjunction with other Federal powerplants, present and potential, so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates, but in the exercise of the authority hereby granted he shall not 70 Stat. 109. affect or interfere with the operation of the provisions of the Colorado 70 Stat. 110. River Compact, the Upper Colorado River Basin Compact, the 45 Stat. 1057. Boulder Canyon Project Act, the Boulder Canyon Project Adjust- 43 USC 617 note. ment Act and any contract lawfully entered unto under said Compacts 54 Stat. 774. and Acts. Subject to the provisions of the Colorado River Compact, 43 USC 6180. neither the impounding nor the use of water for the generation of power and energy at the plants of the Colorado River storage project shall preclude or impair the appropriation of water for domestic or agricultural purposes pursuant to applicable State law.

SEC. 8. In connection with the development of the Colorado River Recreational and storage project and of the participating projects, the Secretary is fish and wildauthorized and directed to investigate, plan, construct, operate, and life facilities. maintain (1) public recreational facilities on lands withdrawn or acquired for the development of said project or of said participating projects, to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, and to provide for public use and enjoyment of the same and of the water areas created by these projects by such means as are consistent with the primary purposes of said projects; and (2) facilities to mitigate losses of, and improve conditions for, the propagation of fish and wildlife. The Secretary is authorized to acquire lands and to withdraw public lands from entry or other disposition under the public land laws necessary for the construction, operation, and maintenance of the facilities herein provided, and. to dispose of them to Federal, State, and local governmental agencies by lease, transfer, exchange, or conveyance upon such terms and conditions as will best promote their development and operation in the public interest. All costs incurred pursuant to this section shall be nonreimbursable and nonreturnable.

note.

SEC. 9. Nothing contained in this Act shall be construed to alter, Saving proamend, repeal, construe, interpret, modify, or be in conflict with the vision. provisions of the Boulder Canyon Project Act (45 Stat. 1057), the 43 USC 617 Boulder Canyon Project Adjustment Act (54 Stat. 774), the Colorado 43 USC 6180. River Compact, the Upper Colorado River Basin Compact, the Rio Grande Compact of 1938, or the Treaty with the United Mexican 53 Stat. 735. States (Treaty Series 991).

59 Stat. 1219.

SEC. 10. Expenditures for the Flaming Gorge, Glen Canyon, Cure- Expenditures. canti, and Navajo initial units of the Colorado River storage project may be made without regard to the soil survey and land classification requirements of the Interior Department Appropriation Act, 1954. 68 Stat. 361. SEC. 11. The Final Judgment, Final Decree and stipulations incor- Effectivity porated therein in the consolidated cases of United States of America and approval v. Northern Colorado Water Conservancy District, et al., Civil Nos. 2782, 5016 and 5017, in the United States District Court for the District of Colorado, are approved, shall become effective immediately, and the proper agencies of the United States shall act in accordance therewith.

of court deoree, etc.

SEC. 12. There are hereby authorized to be appropriated, out of any Appropriation. moneys in the Treasury not otherwise appropriated, such sums as may be required to carry out the purposes of this Act, but not to exceed $760,000,000.

Net power

SEC. 13. In planning the use of, and in using credits from, net
power
revenues available for the purpose of assisting in the pay-out of costs revenues.
of participating projects herein and hereafter authorized in the States

L

Operation and maintenance, compliance.

70 Stat. 110. 70 Stat. 111. 63 Stat. 31.

of Colorado, New Mexico, Utah, and Wyoming, the Secretary shall have regard for the achievement within each of said States of the fullest practicable use of the waters of the Upper Colorado River system, consistent with the apportionment thereof among such States. SEC. 14. In the operation and maintenance of all facilities, authorized by Federal law and under the jurisdiction and supervision of the Secretary of the Interior, in the basin of the Colorado River, the Secretary of the Interior is directed to comply with the applicable provisions of the Colorado River Compact, the Upper Colorado River Basin Compact, the Boulder Canyon Project Act, the Boulder Canyon 45 Stat. 1057; Project Adjustment Act, and the Treaty with the United Mes van States, in the storage and release of water from reservoirs in the Colorado River Basin. In the event of the failure of the Secretary 59 Stat. 1219. of the Interior to so comply, any State of the Colorado River Basin may maintain an action in the Supreme Court of the United States to enforce the provisions of this section, and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise.

54 Stat. 774.

43 USC 617

note, 6180.

Report to
Congress.

Definitions.

SEC. 15. The Secretary of the Interior is directed to continue studies and to make a report to the Congress and to the States of the Colorado River Basin on the quality of water of the Colorado River.

SEC. 16. As used in this Act

The terms "Colorado River Basin", "Colorado River Compact". "Colorado River System", "Lee Ferry", "States of the Upper Division", "Upper Basin", and "domestic use" shall have the meaning ascribed to them in article II of the Upper Colorado River Basin Compact;

The term "States of the Upper Colorado River Basin" shall mean the States of Arizona, Colorado, New Mexico, Utah, and Wyoming; The term "Upper Colorado River Basin" shall have the same meaning as the term "Upper Basin";

The term "Upper Colorado River Basin Compact" shall mean that certain compact executed on October 11, 1948 by commissioners representing the States of Arizona, Colorado, New Mexico, Utah, and Wyoming, and consented to by the Congress of the United States of America by Act of April 6, 1949 (63 Stat. 31);

The term "Rio Grande Compact" shall mean that certain compact executed on March 18, 1938, by commissioners representing the States of Colorado, New Mexico, and Texas and consented to by the Congress of the United States of America by Act of May 31, 1939 (53 Stat. 785); The term "Treaty with the United Mexican States" shall mean that certain treaty between the United States of America and the United Mexican States, signed at Washington, District of Columbia, February 59 Stat. 1219. 3, 1944, relating to the utilization of the waters of the Colorado River and other rivers, as amended and supplemented by the protocol dated November 14, 1944, and the understandings recited in the Senate resolution of April 18, 1945, advising and consenting to ratification thereof.

Approved April 11, 1956.

84th Congress
Chapter 694 - 2d Session
H. R. 10964

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To provide for municipal use of storage water in Benbrook Dam, Texas.

59 Stat. 18.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the project for Benbrook Dan, improvement of the Trinity River and tributaries, Texas, authorized Tex. by the River and Harbor Act of March 2, 1945, is hereby modified to authorize the Secretary of the Army to contract with the city of Fort Worth pursuant to section 6 of the Flood Control Act of December 22, 1944 (33 U. S. C. 708), for the use of water supply storage in the 58 Stat. 890; Benbrook Reservoir for municipal water supply until such time as the 66 Stat, 93, water supply storage is needed for navigation purposes.

Approved July 24, 1956.

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Relating to the use of storage space in the Buford Reservoir for the purpose of providing Gwinnett County, Georgia, a regulated water supply.

Ga.

Storage in Buford Reservoir.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Gwinnett County, of the Army is hereby authorized to contract with Gwinnett County, Georgia, upon such terms and for such period not to exceed fifty years as he may deem reasonable for the use of storage space in the Buford Reservoir for the purpose of providing said county a regulated water * supply in an amount not to exceed eleven thousand two hundred acrefeet of water annually, and is authorized to grant to Gwinnett County, at no cost, easement over Government lands at Buford Reservoir for the sole purpose of constructing, repairing, and maintaining necessary pipelines and pumping station to remove such water from said reservoir, and the project for Buford Dam authorized by the Act, entitled "An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," being Public Law 525, Seventy-ninth Congress, second session, approved July 24, 1946, is hereby modified accordingly: Provided, 60 Stat. 634. That all moneys received shall be deposited in the Treasury of the United States as miscellaneous receipts: Provided further, That nothing herein contained shall affect water rights under State law.

Approved July 30, 1956.

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THE UNIVERSITY NE MACHIGAN LIBRARIES

84th Congress
Chapter 980 - 2d Session
S. 3101

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To authorize construction by the Secretary of the Interior of the Crooked River
*Federal reclamation project, Oregon.

Authorization.

43 USC 371 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the pur- Crooked River pose of furnishing water for the irrigation of arid and semiarid lands reclamation (including approximately twenty thousand acres of land in Crook project, Oreg. County, Oregon) and for other beneficial purposes, the Secretary of the Interior is authorized to construct, operate, and maintain the Crooked River Federal reclamation project. The principal new works of the said project shall include a dam and storage reservoir at or near the Prineville site, a diversion dam and canal below said reservoir, and related pumping plants, canals, conduits, drains, and other facilities. The operation of said works shall be integrated with the operation of the existing Ochoco Dam and Reservoir and of the Government-owned generator in the Cove powerplant of the Pacific Power and Light Company, which works shall, for the purpose of this Act, be considered as works of the Crooked River project. SEC. 2. In constructing, operating, and maintaining the Crooked Conditions. River project, the Secretary shall be governed by the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), except that (1) any contract entered into under section 9, subsection (d) of the Reclamation Project Act of 1939 (53 Stat. 1187, 1193; 43 U. S. C., sec. 485h) for payment of those portions of the costs of constructing, operating, and maintaining the project which are allocated to irrigation and assigned to be paid by the contracting organization shall provide for the repayment of the portion of the construction cost of the project assigned to any contract unit or, if the contract unit be divided into two or more blocks, to any such block over a period of not more than fifty years (exclusive of any permissible development period) or as near thereto as is consistent with the adoption and operation of a variable payment formula which, being based on full repayment within the said period under average conditions, permits variance in the required annual payments in the light of economic factors pertinent to the ability of the organization to pay; (2) the construction charge obligation of the Ochoco Irrigation District set out in its contract with the United States dated April 24, 1950, may, if the district so elects, be merged with and paid under the same conditions as other obligations undertaken by it under this Act; (3) that portion of the cost of constructing the new works of the project which is allocated to irrigation but is beyond the ability of the water users to pay shall be charged to and returnable to the reclamation fund from net revenues derived by the Secretary of the Interior from his sale of power from the Dalles project, Oregon, which are over and beyond the amounts required to amortize the power investment therein, as provided in section 5 of the Act of December 22, 1944 (58 Stat. 887, 890; 16 U. S. C., sec. 825s), and to return interest on the unamortized balance of said investment; and (4) construction of any of the new works herein authorized shall not be commenced until the Secretary shall have certified to the Congress, in accordance with the provisions of the Act of July 31, 1953 (67 Stat. 261, 266), that an adequate 43 USC 390a, soil survey and land classification of not less than twenty thousand acres of land to be served by the project has been made and that those lands are susceptible to the production of agricultural crops by means of irrigation or that their susceptibility to the sustained production of agricultural crops by means of irrigation has been demonstrated

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