Lapas attēli
PDF
ePub

WATER RESOURCE PROJECTS CONSTRUCTED BY THE

SECRETARY OF THE INTERIOR

1. Baker Reclamation Project, Oregon

43 U.S.C. 616

§616t. Authorization for construction, operation, and maintenance.

For the purposes of providing irrigation water, controlling floods, conserving and developing fish and wildlife, and providing recreational benefits, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the facilities of the upper division of the Baker Federal reclamation project, Oregon. The principal works of the project shall consist of a dam and reservoir, pumping plants, and related facilities. (Pub. L. 87-706, § 1, Sept. 27, 1962, 76 Stat. 634.)

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]
[merged small][merged small][merged small][merged small][ocr errors][ocr errors]

(b) Conservation of fish and wildlife; nonreimbursable costs; transfer of works; agreement for satisfactory operation; return of works upon noncompliance.

The Secretary may make such reasonable provision in the works authorized by sections 616t to 616w of this title as he finds to be required for the conservation and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act, and the portion of the construction costs allocated to these purposes and to flood control, together with an appropriate share of the operation, maintenance, and replacement costs therefor, shall be nonreimbursable and nonreturnable. 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 a manner satisfactory to the Secretary of the Interior with respect to achieving the fish and wildlife benefits, 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.

2. Central Valley Project, California
16 U.S.C. 695

[blocks in formation]

tember 26, 1950 (64 Stat. 1036), is reauthorized and declared to be for the purposes set forth in said Acts, and also for the use of the waters thereof for fish and wildlife purposes, subject to such priorities as are applicable under said Acts. (Aug. 27, 1954, ch. 1012, § 1, 68 Stat. 879.)

REFERENCES IN TEXT

The act of Aug. 26, 1937 (50 Stat. 844, 850), the act of Oct. 17, 1940 (54 Stat. 1198, 1199), the act of Oct. 14, 1949 (63 Stat. 852), and the act of Sept. 26, 1950 (64 Stat. 1036), referred to in the text of this section, are acts Aug. 26, 1937, ch. 832, 50 Stat. 844; Oct. 17, 1940, ch. 895, 54 Stat. 1198; Oct. 14, 1949, ch. 690, 63 Stat. 852; Sept. 26, 1950, ch. 1047, 64 Stat. 1036, which, except for one irrelevant provision of said act Aug. 26, 1937 (classified as a note under section 540 of Title 33, Navigation and Navigable Waters), were not classified to the Code.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 695g, 695j of this title.

§ 695e. Same; construction, operation, and maintenance of water supply development works.

The Secretary of the Interior is authorized to con

struct, cperate, and maintain such works on waterfowl management areas and refuges owned and operated by the State of California or the United States as may be necessary or desirable for the development of a water supply by means of wells and the recovery of drainage, and to furnish water available from such works, and water available from Central Valley project sources, for wildlife management purposes substantially in accordance with the recommendations set forth in the report of the United States Department of the Interior entitled "Waterfowl Conservation in the Lower San Joaquin Valley, Its Relation to the Grasslands and the Central Valley Project," dated October 1950, and such works should be developed in cooperation with the State of California. (Aug. 27, 1954, ch. 1012, § 2, 68 Stat. 879.) SECTION Referred to IN OTHER SECTIONS

This section is referred to in sections 695f, 695g, 695h, 6951 of this title.

§ 695f. Same; construction, etc., authorized by section 695e as not reimbursable or returnable under reclamation laws.

The cost of investigation, planning, and construction of the works and the delivery of water as authorized in section 695e of this title shall not be reimbursable or returnable under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and the Acts amendatory thereof and supplementary thereto). (Aug. 27, 1954, ch. 1012, § 3, 68 Stat. 879.)

REFERENCES IN TEXT

The reclamation laws, including the act of June 17, 1902, 32 Stat. 388, and the acts amendatory thereof and supplementary thereto, referred to in the text of this section, are classified generally to chapter 12 of Title 43, Public Lands.

SECTION Referred to IN OTHER SECTIONS

This section is referred to in sections 695g, 695j of this title.

§ 695g. Same; authorization of appropriations.

There are hereby authorized to be appropriated such funds, not to exceed $400,000, for construction of necessary works to supply water for State and federally owned and operated waterfowl management areas in the San Joaquin Valley to carry out the pur

poses of sections 695d to 695j of this title. (Aug. 27, 1954, ch. 1012, § 4, 68 Stat. 879.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695j of this title.

§ 695h. Same; ownership by State of California of works constructed.

Works constructed under the authorization of section 695e of this title, for the purpose of supplying State wildlife management areas with water, shall become the property of the State of California when constructed. (Aug. 27, 1954, ch. 1012, § 5, 68 Stat. 879.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 695g, 695j of this title.

§ 695i. Same; authorization of Secretary of the Interior to contract for water delivery; delivery charge.

The Secretary of the Interior is authorized to contract for the delivery of water to public organizations or agencies for use within the boundaries of such organizations or agencies for waterfowl purposes in the Grasslands area of the San Joaquin Valley. If and when available, such water shall be delivered from the Central Valley project at a charge not to exceed the prevailing charge for class 2 water. (Aug. 27, 1954, ch. 1012, § 6, 68 Stat. 879.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 695g, 695] of this title.

§ 695j. Same; conformity of water use with California laws; construction of sections 695d to 695j. The use of all water furnished by the Secretary of the Interior under sections 695e and 695i of this title shall be subject to and not inconsistent with the laws of the State of California relating to priorities of deliveries and use of water. Nothing contained in sections 695d to 695j of this title shall be construed as an allocation of water. (Aug. 27, 1954, ch. 1012, § 7, 68 Stat. 880.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 695g of this title.

3. Colorado River Storage Project Act

43 U.S.C. 620

§ 620g. Recreational and fish and wildlife facilities

In connection with the development of the Colorado River storage project and of the participating projects, the Secretary is authorized and directed to investigate, plan, construct, operate, and 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. (Apr. 11, 1956, ch. 203, § 8, 70 Stat. 110.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616kk, 620d, 620e of this title.

[blocks in formation]
[blocks in formation]

§ 616c. Public recreational facilities; conservation; public use and enjoyment; conservation and development of fish and wildlife; acquisition and withdrawal of public lands; nonreimbursable costs; availability of funds.

(a) The Secretary is authorized and directed (1) to investigate, plan, construct, operate, and maintain public recreational facilities on lands withdrawn or acquired for the development of said project, (2) to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, (3) to provide for public use and enjoyment of the same and of the water areas created by this project by such means as are consistent with the purposes of said project, and (4) to investigate, plan, construct, operate, and maintain facilities for the conservation and development of fish and wildlife resources. 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: Provided, That all lands within the exterior boundaries of a national forest acquired for recreational or other project purposes which are not determined by the Secretary of the Interior to be needed for actual use in connection with the reclamation works shall become national forest lands: Provided further, That the Secretary of the Interior shall make his determination hereunder within five years after approval of sections 616 to 616f of this title or, in the case of individual tracts of land, within five years after their acquisition by the United States: And provided further, That the authority contained in this section shall not be exercised by the Secretary of the Interior with respect to national forest lands without the concurrence of the Secretary of Agriculture.

(b) The costs, including the operation and maintenance costs, of the undertakings described in subsection (a) of this section shall be nonreimbursable and nonreturnable under the reclamation laws. The funds appropriated for carrying out the authorization contained in section 616 of this title shall, without prejudice to the availability of other appropriated moneys for the same purpose, also be available for carrying out the investigations and programs authorized in this section. (Pub. L. 87590, 4, Aug. 16, 1962, 76 Stat. 391.)

REFERENCES IN TEXT

The reclamation laws, referred to in the text, are classifiled generally to this title. See note under section 616 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 616, 616b, 616d, 616f of this title.

7. Little Wood River Project, Idaho 43 U.S.C. 615

§ 615m. Preservation and propagation of fish and wildlife; nonreimbursable costs; hunting and fishing; operation of reservoir in accord with water rights. (a) The Secretary may make such reasonable provision in the works of the Little Wood River project as, upon further study in accordance with section 662 of Title 16, he finds to be required for the preservation and propagation of fish and wildlife. An appropriate portion of the construction cost of the project shall be allocated as provided in sections 661 to 666c of Title 16 and it, together with the portion of the construction cost allocated to flood control and the portions of the operation and maintenance costs allocated to these functions or the capitalized value of the equivalent thereof, shall be nonreimbursable and nonreturnable under the reclamation laws.

(b) So far as the Secretary finds the same to be consistent with safety and with efficient operation or the primary purpose of the Little Wood River project, the project waters in the project area shall be open to free public use for lawful hunting and fishing purposes, and free access to the waters for those purposes shall be assured.

(c) Little Wood River Reservoir shall be operated in accord with water rights, under decree or permit, which are valid under the laws of the State

of Idaho, but the Congress, taking cognizance of the need for clarification of certain of these rights in some formal manner effective under Idaho law, particularly as between the Fish and Game Department of said State and the water users under the Little Wood River project or their organizations, does not by this declaration accept for or impose upon the United States, its officers or employees any responsibility for determining the correctness of such claims of right and does not, either by the enactment of sections 615k to 615n of this title or by any action taken pursuant thereto, intend to aid or prejudice the claims of any party to a dispute with respect thereto or to impose upon any party to a contract entered into under section 615k to 615n of this title any obligation with respect to such rights that does not exist under the laws of the State of Idaho or to require that water, other than that which is available under established rights, shall be used primarily either for irrigation or for the preservation of fish and wildlife resources. (Aug. 6, 1956. ch. 981, § 3, 70 Stat. 1059.)

REFERENCES IN TEXT

The reclamation laws, referred to in the text. are classified generally to this title. See note under section 615k of this title.

« iepriekšējāTurpināt »