REFERENCES IN TEXT The Federal Water Project Recreation Act referred to in the text, is classified to section 460l-12 et seq. of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616rrrr, 616ssss of this title. § 616pppp. Authority to transfer and repossess works; compliance with regulations. Before the works are transferred to an irrigation water user's organization for care, operation, and maintenance, the organization shall have agreed to operate them in such fashion, satisfactory to the Secretary, as to achieve the benefits to fish and wildlife enhancement, and recreation on which the allocations of costs therefor are predicated, and to operate them in accordance with regulations prescribed by the Secretary of the Army to achieve the benefits to flood control on which the allocation of casts1 therefor is predicated, and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with the requirements to achieve such benefits. (Pub. L. 91270, § 4, May 28, 1970, 84 Stat. 273.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616rrrr, 616ssss of this title. § 616qqqq. Power for irrigation water pumping. Power and energy required for irrigation water pumping for the Merlin division shall be made available by the Secretary from the Federal Columbia River system at charges determined by him. (Pub. L. 91-270, § 5, May 28, 1970, 84 Stat. 273.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616rrrr, 616ssss of this title. 616rrrr. Restriction on delivery of water for production of excessive basic commodities. For a period of ten years from May 28, 1970, no water from the project authorized by sections 616 mmmm to 616ssss of this title shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. (Pub. L. 91-270, § 6, May 28, 1970, 84 Stat. 273.) REFERENCES IN TEXT The Agricultural Act of 1949, referred to in the text, is classified principally to chapter 35A of Title 7, Agriculture. See Short Title note under section 1421 of Title 7. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616ssss of this title. §616ssss. Authorization of appropriations. There is hereby authorized to be appropriated for construction of the works authorized in sections 616 mmmm to 616ssss of this title the sum of $28,470,000 (July 1969 prices), plus or minus such amounts, if 1 So in original. any, as may be justified by reason of ordinary fluctuations in the costs of construction as indicated by engineering costs indexes applicable to the type of construction involved therein. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. (Pub. L. 91-270, § 7, May 28, 1970, 84 Stat. 274.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616rrrr of this title. TOUCHET DIVISION; WALLA WALLA PROJECT, OREGON-WASHINGTON §616tttt. Authorization for construction, operation, and maintenance. (a) Purposes; principal works. For purposes of supplying irrigation water initially for approximately ten thousand acres of land, providing municipal and industrial water, flood control, the enhancement of fish and wildlife resources, and the enhancement of recreation opportunities, the Secretary of the Interior (hereinafter referred to as the Secretary) is authorized to construct, operate, and maintain the Touchet division of the Walla Walla project, Oregon-Washington, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal works of the division (hereinafter referred to as the project) shall consist of the Dayton Dam and Reservoir, fish passage facilities, a diversion dam, and associated drainage facilities. (b) Construction of Dayton Dam and Reservoir; payment of costs. The Secretary is authorized to construct the Dayton Dam and Reservoir to the physical limitations of the site and to recognize the cost of providing such additional capacity as a deferred obligation to be paid, in accordance with section 616uuuu of this title, at such time as the additional storage capacity is contracted for: Provided, That until such additional storage capacity is contracted for, operation and maintenance costs attributable to the excess capacity shall be funded and added to the construction costs allocated to deferred capacity. (c) Maintenance of streamflow to insure fish and wildlife conservation. In order to assure a realization of the fish and wildlife enhancement benefits contemplated by sections 616tttt to 616yyyy of this title, the Secretary shall adopt appropriate measures to insure the maintenance of a streamflow between Dayton Dam and the mouth of the Walla Walla River that is not less than thirty cubic feet per second unless he determines that a water shortage or other emergencies exist or that lesser flows would be adequate for the maintenance of fish life. (Pub. L. 91-307, § 1, July 7, 1970, 84 Stat. 409.) REFERENCES IN TEXT The Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), referred to in subsec. (a), are classified generally to this title. See Tables Volume for distribution SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616xxxx of this title. to use that portion of project reservoir capacity which is or may be allocated to municipal and industrial water supply purposes by the Secretary of the Interior, so long as the space designated for those purposes may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, subject, if the project is then operated by the United States, to payment to the United States of a reasonable annual charge to cover operation and maintenance costs and a fair share of administrative costs applicable to the project. (c) Expenditures for the Palmetto Bend project may be made without regard to the soil survey and land classification requirements of section 390a of this title. (Pub. L. 90-652, § 3, Oct. 12, 1968, 82 Stat. 999.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616hhhh of this title. §616jjjj. Conservation; development of fish and wildlife resources; recreation. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Palmetto Bend project shall be in accordance with the Federal Water Project Recreation Act. (Pub. L. 90-562, $ 4, Oct. 12, 1968, 82 Stat. 1000.) REFERENCES IN TEXT The Federal Water Project Recreation Act, referred to In text, is Pub. L. 89-72, July 9, 1965, 79 Stat. 213, which is classified to section 4601-12 et seq. of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616hhhh of this title. §616kkkk. Authorization of appropriations for construction, operation, and maintenance of first stage. There is authorized to be appropriated for construction of the first stage of the Palmetto Bend reclamation project the sum of $34,100,000 (January 1967 prices), plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the type of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for the operation and maintenance of the first stage of the project. (Pub. L. 90-562, §5, Oct. 12, 1968, 82 Stat. 1000.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616hhhh of this title. §616Ull. Authorization of appropriations for acquisition of land for second stage. There is authorized to be appropriated for the acquisition of lands for the second stage of the Palmetto Bend reclamation project the sum of $2,700,000. If, within twenty years after the initial operation of stage 1 of the project, Congress has not authorized construction of stage 2, the lands acquired pursuant to this section shall be utilized or disposed of in accordance with the provisions of section 460l14(b) (2) of Title 16. (Pub. L. 90-562, § 6, Oct. 12, 1968, 82 Stat. 1000.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616hhhh of this title. MERLIN DIVISION; ROGUE RIVER BASIN §616mmmm. Authorization for construction, operation, and maintenance; purpose; principal works. For the purposes of providing irrigation water for approximately nine thousand three hundred acres, flood control, area redevelopment, and providing municipal and industrial water supply, fish and wildlife enhancement, and recreation benefits, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Act amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the Merlin division, Rogue River Basin project, Oregon. The principal works of the division shall consist of Sexton Dam and Reservoir, diversion and distribution facilities, and drainage facilities. (Pub. L. 91-270, § 1, May 28, 1970, 84 Stat. 273.) REFERENCES IN TEXT The Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Act amendatory thereof or supplementary thereto), referred to in the text, are classified generally to this title. See Tables for distribution. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616rrrr, 616ssSS of this title. § 616nnnn. Irrigation repayment contracts; assessment and collection of service charges. Irrigation repayment contracts shall provide with respect to any contract unit, for repayment of the irrigation construction costs assigned for repayment to the irrigators over a period of not more than fifty years, exclusive of any development period authorized by law. Irrigation repayment contracts shall further provide for the assessment and collection of a service charge of not less than $40 per annum for each identifiable ownership receiving irrigation service from and through the works of the Merlin division, such charge to be in addition to the repayment capacity of the lands as determined by the Secretary on the basis of studies of the value of water for full-time family-size farm operations. Construction costs allocated to irrigation beyond the ability of irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of sections 835j to 835m of Title 16. (Pub. L. 91-270, § 2, May 28, 1970, 84 Stat. 273.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616rrrr, 616ssss of this title. § 6160000. Conservation of fish and wildlife and enhancement of recreattion. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Merlin division shall be in accordance with the provisions of the Federal Water Project Recreation Act. (Pub. L. 91270, § 3, May 28, 1970, 84 Stat. 273.) REFERENCES IN TEXT The Federal Water Project Recreation Act referred to in the text, is classified to section 460l-12 et seq. of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616rrrr, 616ssss of this title. § 616pppp. Authority to transfer and repossess works; compliance with regulations. Before the works are transferred to an irrigation water user's organization for care, operation, and maintenance, the organization shall have agreed to operate them in such fashion, satisfactory to the Secretary, as to achieve the benefits to fish and wildlife enhancement, and recreation on which the allocations of costs therefor are predicated, and to operate them in accordance with regulations prescribed by the Secretary of the Army to achieve the benefits to flood control on which the allocation of casts1 therefor is predicated, and to return the works to the United States for care, operation, and maintenance in the event of failure to comply with the requirements to achieve such benefits. (Pub. L. 91270, § 4, May 28, 1970, 84 Stat. 273.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616rrrr, 616ssss of this title. § 616qqqq. Power for irrigation water pumping. Power and energy required for irrigation water pumping for the Merlin division shall be made available by the Secretary from the Federal Columbia River system at charges determined by him. (Pub. L. 91-270, § 5, May 28, 1970, 84 Stat. 273.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616rrrr, 616ssss of this title. 616rrrr. Restriction on delivery of water for production of excessive basic commodities. For a period of ten years from May 28, 1970, no water from the project authorized by sections 616 mmmm to 616ssss of this title shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as defined in section 1301(b) (10) of Title 7, unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. (Pub. L. 91-270, § 6, May 28, 1970, 84 Stat. 273.) REFERENCES IN TEXT The Agricultural Act of 1949, referred to in the text, is classified principally to chapter 35A of Title 7, Agriculture. See Short Title note under section 1421 of Title 7. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616ssss of this title. § 616ssss. Authorization of appropriations. There is hereby authorized to be appropriated for construction of the works authorized in sections 616 mmmm to 616ssss of this title the sum of $28,470,000 (July 1969 prices), plus or minus such amounts, if 1 So in original. any, as may be justified by reason of ordinary fluctuations in the costs of construction as indicated by engineering costs indexes applicable to the type of construction involved therein. There are also authorized to be appropriated such sums as may be required for the operation and maintenance of said works. (Pub. L. 91-270, § 7, May 28, 1970, 84 Stat. 274.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616rrrr of this title. TOUCHET DIVISION; WALLA WALLA PROJECT, OREGON-WASHINGTON §616tttt. Authorization for construction, operation, and maintenance. (a) Purposes; principal works. For purposes of supplying irrigation water initially for approximately ten thousand acres of land, providing municipal and industrial water, flood control, the enhancement of fish and wildlife resources, and the enhancement of recreation opportunities, the Secretary of the Interior (hereinafter referred to as the Secretary) is authorized to construct, operate, and maintain the Touchet division of the Walla Walla project, Oregon-Washington, in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto). The principal works of the division (hereinafter referred to as the project) shall consist of the Dayton Dam and Reservoir, fish passage facilities, a diversion dam, and associated drainage facilities. (b) Construction of Dayton Dam and Reservoir; payment of costs. The Secretary is authorized to construct the Dayton Dam and Reservoir to the physical limitations of the site and to recognize the cost of providing such additional capacity as a deferred obligation to be paid, in accordance with section 616uuuu of this title, at such time as the additional storage capacity is contracted for: Provided, That until such additional storage capacity is contracted for, operation and maintenance costs attributable to the excess capacity shall be funded and added to the construction costs allocated to deferred capacity. (c) Maintenance of streamflow to insure fish and wildlife conservation. In order to assure a realization of the fish and wildlife enhancement benefits contemplated by sections 616tttt to 616yyyy of this title, the Secretary shall adopt appropriate measures to insure the maintenance of a streamflow between Dayton Dam and the mouth of the Walla Walla River that is not less than thirty cubic feet per second unless he determines that a water shortage or other emergencies exist or that lesser flows would be adequate for the maintenance of fish life. (Pub. L. 91-307, § 1, July 7, 1970, 84 Stat. 409.) REFERENCES IN TEXT The Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), referred to in subsec. (a), are classified generally to this title. See Tables Volume for distribution SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616xxxx of this title. § 616uuuu. Irrigation repayment contracts; repayment 7, unless the Secretary of Agriculture calls for an of construction costs. Irrigation repayment contracts shall provide for repayment of the obligation assumed thereunder with respect to any contract unit over a period of not more than fifty years, exclusive of any development period authorized by law. Construction costs allocated to irrigation beyond the ability of the irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of sections 835j to 835m of Title 16. (Pub. L. 91-307, § 2, July 7, 1970, 84 Stat. 409.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616tttt, 616xxxx of this title. § 616vvvv. Conservation of fish and wildlife and enhancement of recreation; reimbursement of costs allocated to enhancement of anadromous fish species. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Touchet division shall be in accordance with the provisions of the Federal Water Project Recreation Act. All costs allocated to the enhancement of anadromous fish species shall be nonreimbursable. (Pub. L. 91307, § 3, July 7, 1970, 84 Stat. 409.) REFERENCES IN TEXT The Federal Water Project Recreation Act, referred to in the text, is classified to section 4061-12 et seq. of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616tttt, 616xxxx of this title. §616wwww. Interest rate; basis for determination by Secretary of the Treasury. The interest rate used for purposes of computing interest during construction and, where appropriate, interest on the unpaid balance of the reimbursable obligations assumed by non-Federal entities 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 from fifteen years from the date of issue, adjusted to the nearest one-eighth of 1 per centum. (Pub. L. 91-307, § 4, July 7, 1970, 84 Stat. 409.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616tttt, 616xxxx of this title. §616xxxx. Restriction on delivery of water for production of excessive basic commodities. For a period of ten years from July 7, 1970, no water from the project authorized by sections 616tttt to 616yyyy of this title shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the nor mal supply as defined in section 1301(b) (10) of Title 47-5000-71-vol. 10-14 increase in production of such commodity in the interest of national security. (Pub. L. 91-307, § 5, July 7, 1970, 84 Stat. 410.) REFERENCES IN TEXT The Agricultural Act of 1949, referred to in the text, is classified principally to chapter 35A of Title 7, Agriculture. See Short Title note set out under section 1421 of Title 7. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 616tttt of this title. § 616yyyy. Authorization of appropriations. (a) Separable and joint construction costs allocable to enhancement of anadromous fish. There are authorized to be appropriated to the United States Fish and Wildlife Service, for transfer to the Bureau of Reclamation, such sums as may be required to cover separable and joint construction costs of the Touchet division, Walla Walla project, allocable to the enhancement of anadromous fish as determined by cost allocation studies comparable to those set forth in House Document Numbered 155, Eighty-ninth Congress, second session. (b) Construction of works involved in Touchet division. There are authorized to be appropriated to the Bureau of Reclamation for construction of the works involved in the Touchet division $22,774,000 (January 1969 prices), less the amounts authorized by subsection (a) of this section. (c) Adjustment of appropriated amounts. The total sums authorized to be appropriated by subsection (a) and subsection (b) of this section shall be plus or minus such amounts, if any, as may be required by reason of changes in the cost of construction work of the types involved therein as shown by engineering cost indexes, and, in addition thereto, such sums as may be required to operate and maintain such division: Provided, That funds appropriated pursuant to the authority contained in subsection (b) of this section shall be expended only if the amount thereof is increased in any given fiscal year by a proportionate amount appropriated pursuant to subsection (a) of this section. (Pub. L. 91-307, § 6, July 7, 1970, 84 Stat. 410.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616tttt, 616xxxx of this title. Chapter 12A-BOULDER CANYON PROJECT SUBCHAPTER I-BOULDER CANYON PROJECT ACT Sec. 617. Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain. 617a. "Colorado River Dam Fund." (a) Creation of fund; purpose; receipts and expenditures under control of the Secretary of the Interior. (b) Advancements to fund by the Secretary of the Treasury: allocation; repayment; interest. (c) Limitation on use made of advancements. (d) Unpaid interest on advancements; charge on fund; rate of interest. (e) Money in fund in excess of amount needed; certification of fact; disposition. Sec. 617b. Authorization of appropriations. 617c. Condition precedent to taking effect of provisions. (a) Ratification by interested States of Colorado River compact; agreements for apportionment of waters. (b) Agreements for revenues to meet expenses of construction, operation, and maintenance of works. 617d. Contracts for storage and use of waters for irrigation and domestic purposes; generation and sale of electrical energy. (a) Duration of contracts for electrical energy: price of water and electrical energy to yield reasonable returns; readjustments of prices. (b) Renewal of contracts for electrical energy. (c) Applicants for purchase of water and elec trical energy; preferences. (d) Transmission lines for electrical energy; use; rights-of-way over public and reserved lands. 617e. Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority of Federal Power Commission. 6171. Canals and appurtenant structures; transfer of title; power development. 617g. Colorado River compact as controlling authority in construction and maintenance of dam, reservoir, canals, and other works. 617h. Lands not capable of irrigation and reclamation by irrigation works provided for; public entry; pref 6171. 617). 617k. 6171. erences. Modification of existing compact relating to La- Parker-Gila Valley reclamation project. Colorado River compact approval. (b) Rights in waters of Colorado River and (c) Patents, grants, contracts, concessions, etc.; Colorado River compact as controlling. (d) Conditions and covenants referred to herein; nature; how and by whom availed of in litigation. 617m. Reclamation law applicable. 617n. Projects for irrigation, generation of electric power, and other purposes; investigations and reports. 6170. Officials of ratifying States; authority to act in advisory capacity; access to records. 617p. Claims of United States; priority. 617q. Effect on authority of States to control waters within own borders. 617r. Consent given States to negotiate supplemental compacts for development of Colorado River. 617s. Recognition of rights of Mexico to Colorado River waters. 617t. Short title. 617u. Lease of reserved lands in Boulder City, Nevada: disposition of revenues. 617v. Repealed. SUBCHAPTER II.-BOULDER CANYON PROJECT 618. Promulgation of charges for electrical energy. (a) Operation, maintenance, and replacements. Nevada. (d) Transfer of sums to Colorado River Development Fund; expenditure of fund. 618a-1. Availability of Colorado River Development Fund for investigation and construction purposes. 618b. Reduction of payments and transfers where revenue is insufficient. 618c. Charges as retroactive; adjustment of accounts. 618d. Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements. 618e. Interest payments; rate. Act May 28, 1954, ch. 241, 68 Stat. 143, provided that: "For the purposes of effecting economies and increased efficiency in the construction, operation, and maintenance thereof and of accounting for the return of reimbursable costs, the Secretary of the Interior is authorized and directed to consolidate and administer as a single project to be known as the Parker-Davis project, ArizonaCalifornia-Nevada, the projects known as the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada: Provided, That nothing in this Act shall be construed to alter or affect in any way the Boulder Canyon Project Act (45 Stat. 1057) (subchapter I of this chapter), the Boulder Canyon Project Adjustment Act (54 Stat. 774) (subchapter II of this chapter], or the treaty between the United States of America and the United Mexican States, signed at Washington on February 3, 1944, relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande from Fort Quitman, Texas, to the Gulf of Mexico: Provided further, That nothing in this Act shall be construed to alter or affect in any way any right or obligation of the United States or any other party under contracts heretofore entered into by the United States. "SEC. 2. Funds heretofore appropriated for the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada, shall be consolidated and shall be and remain available for the purposes for which they were appropriated." SUBCHAPTER I.-BOULDER CANYON PROJECT ACT CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS SUBCHAPTER Consolidation of Parker and Davis Dam projects as not affecting this subchapter, see note preceding this subchapter. SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 618a, 618), 618k, 618m of this title. § 617. Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain. For the purpose of controlling the floods, improving navigation, and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior subject to the terms of the Colorado River compact hereinafter mentioned in this chapter, is authorized to construct, operate, and maintain a dam and |