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Title 43 — Public Lands

Chapter 12B — Colorado River Storage Project

§ 620a. Priority to planning reports of certain additional participating projects; reports to States; San Juan-Chama project; Juniper project

Statutory text

In carrying out further investigations of proj­ects under the Federal reclamation laws in the Upper Colorado River Basin, the Secretary shall give priority to completion of planning reports on the Gooseberry, Eagle Divide, Bluestone, Battlement Mesa, Grand Mesa, Yellow Jacket, Basalt, Middle Park (including the Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including the Juniper and Great Northern units), Upper Yampa (including the Hayden Mesa, Wessels, and Toponas units) and Sublette (including a diversion of water from the Green River to the North Platte River Basin Wyoming), Ute Indian unit of the Central Utah Project, San Juan County (Utah), Price River, Grand County (Utah), Gray Canyon, and Juniper (Utah) participating proj­ects: Provided, That the planning report for the Ute Indian unit of the Central Utah participating project shall be completed on or before , to enable the United States of America to meet the commitments heretofore made to the Ute Indian Tribe of the Uintah and Ouray Indian Reservation under the agreement dated (Contract Numbered 14–06–W–194). Said reports shall be completed as expeditiously as funds are made available therefor and shall be submitted promptly to the affected States, which in the case of the San Juan-Chama project shall include the State of Texas, and thereafter to the President and the Congress: Provided, That with reference to the plans and specifications for the San Juan-Chama project, the storage for control and regulation of water imported from the San Juan River shall (1) be limited to a single offstream dam and reservoir on a tributary of the Chama River, (2) be used solely for control and regulation and no power facilities shall be established, installed or operated thereat, and (3) be operated at all times by the Bureau of Reclamation of the Department of the Interior in strict compliance with the Rio Grande Compact as administered by the Rio Grande Compact Commission. The preparation of detailed designs and specifications for the works proposed to be constructed in connection with projects shall be carried as far forward as the investigations thereof indicate is reasonable in the circumstances.

The Secretary, concurrently with the investigations directed by the preceding paragraph, shall also give priority to completion of a planning report on the Juniper project.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Apr. 11, 1956, ch. 203, § 2, 70 Stat. 106 · 70 Stat. 106

    Enacted · 43 U.S.C. § 620a

    Apr. 11, 1956, ch. 203, § 2, 70 Stat. 106

    Source evidence

    Code source credit
    Apr. 11, 1956, ch. 203, § 2, 70 Stat. 106

  2. Pub. L. 87–483 § 18 · 76 Stat. 96

    Struck · 43 U.S.C. § 620a

    Pub. L. 87–483 struck out “San Juan-Chama, Navajo” after “Gooseberry,” in first sentence

    Source evidence

    Code amendment note
    Pub. L. 87–483 struck out “San Juan-Chama, Navajo” after “Gooseberry,” in first sentence.

    Enacted provision · exact public law section
    Sec. 18. The Act of April 11, 1956, as amended, is hereby further amended as follows: (i) In section 1, subsection (2), after the words “Central Utah (initial phase)” delete the colon and insert in lieu thereof a comma and the words “San Juan-Chama (initial stage),” and after the word “Lyman” insert the words “Navajo Indian,”; (ii) in section 2 delete the words “San Juan-Chama, Navajo,” from the first sentence; (iii) in section 5, subsection (e), in the phrase “herein or hereinafter authorized” delete the word “hereinafter” and insert in lieu thereof the word “hereafter”; (iv) in section 7 in the phrase “and any contract lawfully entered unto under said compacts and Acts” delete the word “unto” and insert in lieu thereof the word “into”.

  3. Pub. L. 88–568 § 1 · 78 Stat. 852

    Struck · 43 U.S.C. § 620a

    Pub. L. 88–568 struck out “, Fruitland Mesa, Bostwick Park” and “, Savery-Pot Hook” after “Ohio Creek” and “Dallas Creek”, respectively

    Source evidence

    Code amendment note
    Pub. L. 88–568 struck out “, Fruitland Mesa, Bostwick Park” and “, Savery-Pot Hook” after “Ohio Creek” and “Dallas Creek”, respectively.

  4. Pub. L. 90–537 title V § 501(a) · 82 Stat. 885

    1. Substituted · 43 U.S.C. § 620a

      Pub. L. 90–537 substituted Basalt, Middle Park (including Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including Juniper and Great Northern units), and Upper Yampa (including Hayden Mesa, Wessels, and Toponas units) projects for Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide, Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit Growers Extension, and Animas-La Plata projects

    2. Added · 43 U.S.C. § 620a

      Pub. L. 90–537 added Ute Indian unit of the Central Utah Project, San Juan County (Utah), Price River, Grand County (Utah), Gray Canyon, and Juniper (Utah) projects, and that portion of the Sublette projects consisting of a diversion of water from the Green River to the North Platte River Basin in Wyoming to the list of participating projects

    3. Inserted · 43 U.S.C. § 620a

      Pub. L. 90–537 inserted proviso that planning report for Ute Indian unit of Central Utah project be completed on or before December 31, 1974

    Source evidence

    Code amendment note
    Pub. L. 90–537 substituted Basalt, Middle Park (including Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including Juniper and Great Northern units), and Upper Yampa (including Hayden Mesa, Wessels, and Toponas units) projects for Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide, Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit Growers Extension, and Animas-La Plata projects, added Ute Indian unit of the Central Utah Project, San Juan County (Utah), Price River, Grand County (Utah), Gray Canyon, and Juniper (Utah) projects, and that portion of the Sublette projects consisting of a diversion of water from the Green River to the North Platte River Basin in Wyoming to the list of participating projects, and inserted proviso that planning report for Ute Indian unit of Central Utah project be completed on or before December 31, 1974.

    Enacted provision · exact public law section
    (a) In order to provide for the construction, operation, and maintenance of the Animas-La Plata Federal reclamation project, Colorado-New Mexico; the Dolores, Dallas Creek, West Divide, and San Miguel Federal reclamation projects, Colorado; and the Central Utah project (Uintah unit), Utah, as participating projects under the Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620), and to provide for the completion of planning reports on other participating projects, clause (2) of section 1 of said Act is hereby further amended by (i) inserting the words “and the Uintah unit” after the word “phase” within the parenthesis following “Central Utah”, (ii) deleting the words “Pine River Extension” and inserting in lieu thereof the words “Animas-La Plata, Dolores, Dallas Creek, West Divide, San Miguel”, (iii) adding after the words “Smith Fork:” the proviso “Provided, That construction of the Uintah unit of the Central Utah project shall not be undertaken by the Secretary until he has completed a feasibility report on such unit and submitted such report Report to Congress. to the Congress along with his certification that, in his judgment, the benefits of such unit or segment will exceed the costs and that such unit is physically and financially feasible, and the Congress has authorized the appropriation of funds for the construction thereof:”. Section 2 of said Act is hereby further amended by (i) deleting the 43 USC 620a. words “Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide, Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit Growers Extension, Animas-La Plata”, and inserting after the words “Yellow Jacket” the words “Basalt Middle Park (including the Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including the Juniper and Great Northern units), Upper Yampa (including the Hayden Mesa, Wessels, and Toponas units)”; (ii) by inserting after the word “Sublette” the words “(including a diversion of water from the Green River to the North Platte River Basin in Wyoming), Ute Indian unit of the Central Utah Project, San Juan County (Utah), Price River, Grand County (Utah), Gray Canyon, and Juniper (Utah)”; and (iii) changing the period after “projects” to a colon and adding the following proviso: “Provided, That the planning report for the Ute Indian unit of the Central Utah participating project shall be completed on or before December 31, 1974, to enable the United States of America to meet the commitments heretofore made to the Ute Indian Tribe of the Uintah and Ouray Indian Reservation under the agreement dated September 20, 1965 (Contract Numbered 14–06–W–194).”. The amount which section 12 Authorization increase. 43 USC 620k. of said Act authorizes to be appropriated is hereby further increased by the sum of $392,000,000, plus or minus such amounts, if any, as may be required, by reason of changes in construction costs as indicated by engineering cost indices applicable to the type of construction involved. This additional sum shall be available solely for the construction of the Animas-La Plata, Dolores, Dallas Creek, West Divide, and San Miguel projects herein authorized.

4 of 6 references resolved to an enrolled provision · 2 partial

Editorial Notes

References in Text

The Federal reclamation laws, referred to in text, are identified in section 620c of this title.

Codification

The provisions of subsec. (a) of section 501 of Pub. L. 90–537 which amended this section are only a part of said subsec. (a). The remainder of subsec. (a), amended section 620 of this title and enacted provisions set out as notes under sections 620 and 620k of this title.

Amendments1962–1968 · 3 rounds

1968

Pub. L. 90–537 substituted Basalt, Middle Park (including Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including Juniper and Great Northern units), and Upper Yampa (including Hayden Mesa, Wessels, and Toponas units) projects for Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide, Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit Growers Extension, and Animas-La Plata projects, added Ute Indian unit of the Central Utah Project, San Juan County (Utah), Price River, Grand County (Utah), Gray Canyon, and Juniper (Utah) projects, and that portion of the Sublette projects consisting of a diversion of water from the Green River to the North Platte River Basin in Wyoming to the list of participating projects, and inserted proviso that planning report for Ute Indian unit of Central Utah project be completed on or before .

1964

Pub. L. 88–568 struck out “, Fruitland Mesa, Bostwick Park” and “, Savery-Pot Hook” after “Ohio Creek” and “Dallas Creek”, respectively.

1962

Pub. L. 87–483 struck out “San Juan-Chama, Navajo” after “Gooseberry,” in first sentence.

Statutory Notes and Related Subsidiaries

Storage of Water at Abiquiu Dam in New Mexico

Pub. L. 100–522, , 102 Stat. 2604, as amended by Pub. L. 116–260, div. AA, title III, § 337(b), , 134 Stat. 2712, provided that:

“SECTION 1. WATER STORAGE.

“Notwithstanding any other provision of law, the Secretary of the Army, acting through the Chief of Engineers, is authorized to store Rio Grande system and San Juan-Chama project water at Abiquiu Dam, New Mexico. The Secretary is authorized further to acquire lands adjacent to Abiquiu Dam on which the Secretary holds easements as of the date of enactment of this Act [] if such acquisition is necessary to assure proper recreational access at Abiquiu Dam. The Secretary is further directed to report to Congress as soon as possible with recommendations on additional easements that may be required to assure implementation of this Act.

“SEC. 2. LIMITATION.

“The authorization to store water and to acquire lands under section 1 is subject to the provisions of the Rio Grande Compact and the resolutions of the Rio Grande Compact Commission.”

Storage of San Juan-Chama Project Water in Other Reservoirs

Pub. L. 97–140, § 5, , 95 Stat. 1717, as amended by Pub. L. 116–260, div. AA, title III, § 337(a), , 134 Stat. 2712, provided that:

“(a)

The proviso of section 2 of Public Law 84–485 [this section] shall not be construed to prohibit the storage of San Juan-Chama project water acquired by contract with the Secretary of the Interior pursuant to Public Law 87-483 [section 615ii et seq. of this title] in any reservoir, including the storage of water for recreation and other beneficial purposes by any party contracting with the Secretary for project water.

“(b)

The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into agreements with entities which have contracted with the Secretary of the Interior for water from the San Juan-Chama project pursuant to Public Law 87-483 for storage of such water in Abiquiu Reservoir. The Secretary of the Interior is hereby authorized to release San Juan-Chama project water to contracting entities for such storage. The agreements to thus store San Juan-Chama project water shall not interfere with the authorized purposes of the Abiquiu Dam and Reservoir project and shall include a requirement that each user of storage space shall pay any increase in operation and maintenance costs attributable to the storage of that user’s water.

“(c)

The Secretary of the Interior is authorized to enter into agreements with entities which have contracted with the Secretary of the Interior for water from the San Juan-Chama project pursuant to Public Law 87-483 for storage of such water in Elephant Butte Reservoir. The Secretary of the Interior is hereby authorized to release San Juan-Chama project water to contracting entities for such storage. Any increase in operation and maintenance costs resulting from such storage not offset by increased power revenues resulting from that storage shall be paid proportionately by the entities for which the San Juan-Chama project water is stored.

“(d)

The amount of evaporation loss and spill chargeable to San Juan-Chama project water stored pursuant to subsections (b) and (c) of this section shall be accounted as required by the Rio Grande compact and the procedures established by the Rio Grande Compact Commission.”

Credits

1956–1968 · 4 acts
  1. 1956Apr. 11, 1956, ch. 203, § 2, 70 Stat. 106
  2. 1962Pub. L. 87–483, § 18, , 76 Stat. 102
  3. 1964Pub. L. 88–568, § 1, , 78 Stat. 852
  4. 1968Pub. L. 90–537, title V, § 501(a), , 82 Stat. 897.
Show as published

(Apr. 11, 1956, ch. 203, § 2, 70 Stat. 106; Pub. L. 87–483, § 18, , 76 Stat. 102; Pub. L. 88–568, § 1, , 78 Stat. 852; Pub. L. 90–537, title V, § 501(a), , 82 Stat. 897.)

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USLM identifier /us/usc/t43/s620a