Laws: Cases and Codes : U.S. Code : Title 43
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U.S. Code as of:
01/19/04
Chapter 12A - Notes
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 Secretary of the
Interior.
(b) Advancements to fund by 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.
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 electrical
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.
617f. 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 capable of irrigation and reclamation by
irrigation works; public entry; preferences.
617i. Modification of existing compact relating to Laguna
Dam.
617j. Omitted.
617k. Definitions.
617l. Colorado River compact approval.
(a) Approval by Congress.
(b) Rights in waters of Colorado River and
tributaries; Colorado River compact as
controlling.
(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.
617o. 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 ADJUSTMENT ACT
618. Promulgation of charges for electrical energy.
618a. Receipts from project; disposition.
(a) Defraying operating costs.
(b) Repayment of cost of construction.
(c) Commutation payments to Arizona and Nevada.
(d) Transfer of sums to Colorado River Development
Fund; expenditure of fund.
(e) Transfer to Lower Colorado River Basin
Development 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.
618f. Repayment of advances for flood control.
618g. Regulations; contracts; modification of allotments of
energy.
618h. Termination of existing lease of Hoover Power Plant;
lessees as agents of United States; termination of
agency.
618i. Effective date.
618j. Effect of refusal to modify existing contracts.
618k. Definitions.
618l. Repealed.
618m. Effect on existing laws and States' rights.
618n. Wages of employees.
618o. Short title.
618p. Omitted.
SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES
619. Increase in capacity of existing generating equipment
at Hoover Powerplant; construction of Colorado River
bridge crossing.
(a) Hoover Powerplant generating equipment;
increase in capacity; improvement of
appurtenances; authorization of Secretary.
(b) Construction of Colorado River bridge crossing;
authorization of Secretary.
619a. Renewal contracts for power.
(a) Offering of contracts by Secretary; total power
obligation; conforming of regulations;
contract expiration and restrictions.
(b) Prejudice of rights of contract holders under
Boulder Canyon Project Act.
(c) Execution of contract with parties to certain
litigation; offer of contract to other
entities.
(d) Funding of uprating program.
(e) Deposit of uprating program funds in Colorado
River Dam Fund.
(f) Amounts advanced by non-Federal purchasers;
financial integration as capital costs.
(g) Congressional exercise of reserved right.
(h) Court challenges; disputes and disagreements.
(i) Congressional declaration of purpose.
619b. Reimbursement of funds advanced by non-Federal
purchasers; uprating program; repayment requirement;
visitor facilities program.
CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS CHAPTER
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, Arizona-California-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."
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