AMENDMENTS AGREED TO BY THE SUBCOMMITTEE ON IRRIGATION AND RECLAMATION SHOWN IN LINE TYPE AND ITALICS

f

)faRCH 29, }955

AMENDMENTS AGREED TO BY THE SUBCOMMITTEE ON IRRJ· GATION AND RECLAMATION SHOWN IN LINE TYPE AND ITALICS

84nx COXOHESS

l&TSESSlON

S.500

IN 'fIIE SEK .. :\.TE OF THE

UNITED

STATES

,) ,U<UARY 18, 10~5

:\fr. Ar<D>:HSON, (for himself, .Mr .• \LLcrrr, ~r ... n.\llHS'l"r, )fr. n,,:N!<tYIT, )fr. CH.n'F.z, Mr. GoLDw.,Trn, )Ir. lI \Y1,u,. 1fr. J\[11.1,1i<,,., )lr. 1YA·rK1Ns, and i\rr. O".M,u10>1n-) inlroclur,•d I he following bill; which wns read twice and refene,1 lo the Committee 011 Interior nrrd Jnsulur Affairs

(Owlt the purt astruek through and lnS£>1t the J'lt1rl printed 1u 1tallc]

A BILL

To

authorize the Secretary of the Interior to construct, operate, ancl maintain the Colorado River storage project and partici-pating projects, and for other purposes.

l

Be it enacted by the Senate and House of Representa

-2

tiues of the United State.q of

,

/

merica in Congress assembled,

3 That, in order to iuitiate tho comprehcnsi \'C development

4 of the waler resourees of !lie Upper Colorado River Basin, 5 the Congress, in the exercise of its constitutional authority 6 to provide for the general welfare, to regulate ronunerce 7 among the States and with the Indian tribes, and to

2

1 make all needful rules and regulatious rei-peeting prope1ty 2 belonging to the 11 nitecl States, and for the purposes, among 3 others, of regulating the flow of the Colorado River, stor-4 iug water for beneficial consumptive use, 1llttkit1e:

tto

uessible 5 fer t-l±e

gtfrtes

ef the Uu13er ~ t,e tttilIBe

commencing

a

6

p1·ogram

for

utilization

in the

Stale.~

of the Upper Basin,

con-7 sistently with the proYisions of the Colorado River Compact, 8 the apportiomnents made to and among them in the Colorado 9 River Compact and the Upper Colorado River Basin Com -10 pact, respectively, providiug for the reclamation of arid 11 and semiarid land, for the control of floods and for the 12 improvement of navigation, and the generation of hydro-13 electric power, as an incident of the foregoing purposes, 14 hereby authorizes the Secretary of the Interior ( 1) to con-15 struct, operate, and maintain the following initial units of 16 the Colorado River storage project, consisting of dams, res-17 ervoirs, powerplants, transmission facilities and appurtenant 18 works: GFess Meetaia, Curecanti, Echo Park, Flaming HJ Gorge, Glen Canyon,

Juniper,

and Navajo:

Provided,

That 20 the Ctuecanti Dam shall be constructed to a height which 21 will impound not less than nine hundred and forty thousand

j 23

l

:

22 acre-feet of water or

will

eI"eate a reservoir of such greater capacity as C!lft may be ebtfil:fl.ed

ey

a, ltigh wa,terliae leeeted tl:li se-l'Cft !:het1Sttad lwe htffldred a,ad tweRly feet, abe•,e f:ReftR sea le¥el

~roved by the Colo1·ado Water Conservation

51\

•

I

,

,

l

'.'(t. \

l

/) ,f,,{

ti

l.

-1

Board,

and that constrncfion thereof \Tu.all not be

1.lJlder-2 taken until the Seeretary has, on the bas1s of further engineer-C.,,il

i'J.,

\

3 ing and economic investigations, reexamined the economic 4 justification of ~ i t and, accompanied by appropriate

•

5 documentation in the form of a supplemental report, has 6 certified to the Congress

'j_)

the President that,

in

his

7 judgment, the benefits of.-."lmit

will

exceed its costs;

/I

8 and (2) to construct, operate, and maintain the following 9 additional reclamation projects (including power-generating 10 and transmission facilities related thereto) , hereinafter re-11 fcrred to as participating projects: Cenh·al Utah (initial 12 phase) ; Emery County, Florida, Gooseberry, Hammond, La 13 Barge, Lyman, Paonia (including the llinnesota unit, a 14 dam and reservoir on :Muddy Creek just above its con-15 fluencc with the North Fork of the Gunnison River, and 16 other necessary works) , Pine River Extension, Seedskadee, 17 Silt, Smith Fork, San Juan-Chama, Navajo,'

Parshall,

18

'1'1·01wlesome, Rabbit Ear, Eagle Divide, Woody Creek, West

19

Divide, Blue.stone, Battlement Mesa, Tomichi Creek, East

20

River, Ohio C1·eek, F1·uitland A!esa, Bostwick Park, Grand

21 Jlf

esa,

Dallas C1·eek, Savery-Pot

Book,

Dolores, Fruit

Grow-22 e1·s

Extension, and Sublell

e

:

Provided,

That

-fat

coustr

uc-23 tion of the participating projects set forth

in

this clause 24 ( 2) shall not be undertaken until the Secretary bas reex-25 amined the economic justification of such project and,

4

1 accompanied by appropriate documentation in the form of

2 a supplemental report, has certified to the Congress, through 3 the President, that, in his judgment, the benefits of such

4 project will exceed its costs, and that the financial reim-5 bursability requirements set forth in section 4 of this Act

6 can be met. Tho Secretary's supplemental report for each

7 such project shall include, a.mong other things, (i) a rc-8 appraisal of the prospective direct agricultural benefits of

9 the project made by the Se('retary after consultation with 10 the Secretary of Agriculture; (ii) a reevaluation of the

non-11 direct benefits of the project; and (iii) allocations of the 12 total cost of construetion of each participating project or 13 separable features thereof, exelu<ling any cxpcmlitnrcs

au-14 thorizecl by section 7 of this Aet, to power, irrigation, mu -15 nieipal water supply, flood control or navigation, or any

16 other purpose authorized under reclamation law. Seetiaft 17

±

++

af Hte Floed

Gmttffll

M ei -l-94:1: sh&!!, ell:eept as

18 herei 0afte1· fJra•rided fe'l' the

Sttft

JattB ChaJR1t tmd the

19 X a,¥itio TiA:FtieifJatiRe- fJraieets. ~

be

ttpplieellle te Slieh sep-20 fJiemeReal reperle; ftttff;

-f1tt-

~ !ffi apt)fepriatiaa fe'l' er 21 e0:fl-Strlieti0R ef the

&ft

JtiaB Chltlfle. prajeet er the 2'Ttwe.j0 22 t)ll:ftiei13a,f:i11g prajeet she.ll

be me.de

er

beguft

ttfttil eaortli 23 ~

rC130rt:s

t'3.et·eea ~ ha,ve heeft sa-bmittetl te the

ttf-24 feetetl Sttttes,

meJ..uditip;

-fbttt

wil'3.attt JiffiitiB~ the l!;eaentlitv

25

ef the

feree:ame:l

the S!ftte ef

TeN:till,

'f)IH'Slitlftt !e ti'3.e Aet

4

1 af Peeemaer 22, 1911. ood sttid 13r0]eets

shftll

htwe

beoo

2 tl;J:l'(lreYea tttttl 111.1thori¥.ed 1-ty #le Googress

E:rcepl a.~

hm-e-3

i11after provided, section

1 (

c) of the Flood Control

Act

4

of 1944 shall not be applicable to such supplemental reports:

5

Pi·oridcd further, That with respect to the San Juan

-

Chama,

6

Navajo, Parshall, 'l'rouble.~ome, Rabbit Ear, Eagle Divide,

7

117

oody Creek, West Diuide, Bluestone, Battlement Mesa,

8

Tomichi Creek, East River, Ohio Creek, Fruitland !Jf eBa,

9

Bostwick Park, Grand Mesa, Dallas Ci·eek, Savery-Pot

10

lloolc, Dolo1·es, Fruit Growers Extension, and Sublette

11

participating projects no approz1riation for

01·

construction

12

of such partiripating projects shall be made or begun iintil

13

coo1-clinated reports thereon shall

have

been submitted to the

14

af!ected States (which in the case of the San Juan-Chama

15

and Navajo participating projects shall include the State

16

of Te.r.a.s}, pursuant to the Act of December 22, 1944, and

.17

such participating projects shall have been approved and

18

authorized

by

Act of Congress: Provided fnrlher,

That with

19 reference to the San Juan-Chama project, it shall be 20 limited to a single o!I stream clam and reservoir on a 21 h·ibut.ary of the Chama Ri,er to be used solely for the

22 control uncl rcgullllion of water im1)0rted from the San Juan

23 Rh·er, that no power facilities ~ball he established, installed,

24 or operated along the diversion or on the reservoir or dam,

6

1 tho Bureau of Reclamation of the Department of the Interior

2 in stritt compliance with tho Rio Grande Compact as

ndmin-3 istercd by tl10 Rio Grande Compact Commission.

4 _~~±ft eftl.eF ffi utbieYe !,lt€+t t·omyJrehensive 1levelefJ 5 l'Rffli> aii will ttllSttre the eeflsumptive tt5e ift the 8tfl.trs ei fhe 6 :{;pf)eF Celerod-e Ri¥el' ~ el v,a!efs ei the Celemde ~ 7 Sj'ilteffl the ttse ef whi<·h i'< RJl[J0rllette<l to the ~el' Gt,k-)-8 rtttl& ~ #ttStii

hf

I-he ~F,ttle Rwtt Ceawu('t ftfltt Hi

9 eitelt &ate thefeei

ey

the UtJtJet" Colorndo lli¥ff ~ f!ettt-10 ~ it is the iHtee+ ef the Gflflg1·r ,,; ift Hit' fuhtff te

1tttttttw-ll ~ the eenslnieliea, ~el'IH:ieti-; Md tttnintemuiet>

et

further

12

tttti-ts

ef the Celenu!e lli¥ff t46ftlge ffffljef't; ef !Hltltttettttl

13 flhases ei ['lttrlieipttling pFejf<l>+!l ftltf+lffl'i~ ift tltts ~

tt+1tt

14

el

Hew J)tlflieipfrtttl!l;' t)l'ajwH tl"l Rttftttffiflttt tfHefffiRtttlH

lle-15 eemes ttv1til1thle Rit4 ~itllHtl

:ReOO!!

Me iudiealeEh H ie

16 hereby deelm·etl fil ltt> Hie f)Urf)ose

m

flte ('!one.re.is 1-e

oo-17 llleriise ttS J:'tU-lieipaling J i ~ S ~

18 ttll.it9 &f llliflSCS the~

prejeetH (i11('l1uling 19 20 21 22 23 24

~ ffil' ~ - . ffl ette &f ffi&l'f' &J: +,Jw- ~ ~

ftftte4 ffi a.rtiele

m

ef Hte tjlj*l' GeleFutle ~ ~ f l

~

&f

Wtl:Wl'S el tl1e

l:=tiJ*'l'

f4t!ertttl& :f{ffi,r 11n,iem the eoflsumpfiYe ttSe ef *'hlttt is ai~pertiened !& ~

gw,e!! by

Hltlf

R i ' ~ flft4

~ Mt' whieh

J*ffitteill,

aa!tt !.tl+ltefettt fa determiuP

•

.

.

J

1 2 3 4 5 6 7

iliffl pFobc.hle eaginee1-il-ig tHttt ~fflie

jttSti-fiefttioft

ftfltl

leu1,ihility shtJl be 11n1ilahle. +t is ttliewtSe deelt1:re<l re be #te poliey el #te Pefigffss t.h&t, #te ees!s ei ftflY BRftieitJalifle: ~ee-t a.athori2ed ift the fut1:1:re shaH be

tlfl'IOFti,ied ffem its f)Wlt revee.ues !& tJie mllest ei.tee.t eeMiRtellt ~ #te a1·ovit,ions

el

tttis Aet Md Feclet"al

7 reeltt1natiefl lttW7

8 8Ea. 2. Tt

i.~ not the intention of Congress, in autho1·izing

9

only those projects de.~ignated in sertion

1

of this Act, to

10

limit, 1'e.~l

·

rict, or othl'1·wi.~e i11te1·fere with such comp1'ehensive

11

deueToz1111e11/s a.~ u•ill 1>rovicfr for the consumptii,e u.~e

by

12

Stales of the U71per Colorado Uii:eT' Ba.~in of waters,

the

13

11se of trhich

i.~ apportioned lo the Upper CoTm·ado

River

14

Ba.sin by the Colorado

Rit·a Compact and to each Sta

l

e

15

thereof

by

the Upper Colorado River Basin Com7ioct, 1101'

J 6

to

preclude con.~idcralion and autho,·ization by

the

Congrers.~

17

of additional project.~ 1111dl'r the allocations in the comz1acls as

18

additional needs are indicated.

19 SEO. 3. Exropt as otherwise provided

in

this Act, in

20 constructing, operating, 11nd maintaining the units of tho

21 Colorado RivPr Rtoragc project and the p11rticipating projects

22 li~ted in ~eclion J of thi8 Ac!, the Recretnry 8hall be

gov-23 crned by the l'ederal reclamation laws (Act of June 17,

supple-1 mentary thereto) :

Proi:idcd,

'l'bat (a) irrigatiAB l.'epftYE~eHb 2 contruc·ts shall be entered into which, except a, otherwise

3 provided for the Paonia and ~<len projN·ts, provide for

4 repayment of the

frrigation

obligation a~sumed th<'reunder

5 with respect to any project contract unit over a period of not

6 more than fifty years exr]u.,ivc of any development period

7 authorized by law; (h) prior to comfrnetion of irrigation

8 distribution foC'ilities, rrpayment contrurts shall he maclr with

9 an "org1rnization" as defined in paragraph 2 (g) of the

10 Reclnmntion Project Act of J 939 ( 53 Stal. 1187) which

11 bas the capac·ity to levy asses"ments upon all taxable real

12 propt>rty loeatecl within its boundaries to assi~t in

rnaking-13 repayments, except where a substantial proportion of the

14 lauds to he sPrYed are owned hy the United States; (e)

cou-15 trac-ts relating lo municipal water $upply may be made

16 without regard to the limitatious of the last sent<'n<'c of

17 sl'ction 9 (c) of the Rt>C'lamation l'ro,jl'ct .\ct of 1939; t111(l

18 ( d), as to Indian lands within, under or served by any

19 participating project, payment of conslru<:tion co~t~ within

20 the en pability of the Janel to repay shall he subject lo the

21 AC't of July 1, 1932 (.J.7 Stat. 564). All units mid

parti('i-22 pating projects ~h111l be ;;ubject to the apportionment, of

23 the use of wllter between the Upper and Lower Ba,iu, of

24 the Colorndo River aud among the Slates of the Upper

25 Basin fixed in 1he Colorado River Compact and the l'ppt'r

1

1 Colorado River Basin Compact, respectively, and to the

2 terms of the treaty with the United :Mexican States (Treaty

3 Series 994) .

4 SEC. 4. (a) There is hereby authorized a separate fund

5 in the TTeasury of the United States to be known as the 6 Upper Colorado River Basin Fund (hereinafter referred lo

7 as the Basin Fund) , which shall remain available until

8 expended, as hereafter provided, for carrying out provisions 9 of this A ct other than section 7.

10 (b} All appropriations made for the purpose of carrying

11 out the pro,isions of this Act, other than section 7, shall be

12 er<ldited to the Basin Fund as aclvances. from the general

7

13 fund of the Treasury,

and such fund.~ shall be ai:ailable for

expenditm·e.~

within the limitations of the provisions of this

15 Act.

16 ( c) A II revenues collected in com1ection with the

opera-17 ti.on of the Colorado River storage project and participating

18 projects shall be cretlited to the Rusin Fund, and shall oe

19 available, without further appropriation, for ( 1) defraying

20 the costs of operation, maintenance, and replacements of,

21 and emergency cxpendilLU'es for, all facilities of the Colorado

22 River storage project and participating projects, within such 23 separnte limitations as may be inclnded in annual

appropria-24 tion acts, (2) payment as required by subsect.ion ( d) of this

J.60516-2

'

'-('

10

1 section, ( 3) payment of the reimbursable constrnction costs 2 of the Paonia project which ore beyond the ability of the 3 water users to repay within the period prcseribed in the Act 4 of June 25, 1947 {61 Stat. 181), said pnyment to b<' made 5 within fifty years after COlllpletion of that portion of the 6 project which hus not been eon~trncted as of the date of this 7 Act, and ( 4) payment in connection with the irrigation fea-8 tmcs of t.he l!;dcn project as ~pecified in the ,\ct of June 28, 9 1949 ( 63 Stat. 277) : ProPidcd, That reYenues credited to 10 the Basin Fund shnll not be a vuilahle for npprop1;ation for

11 construction of the units and participatiug proje<·ts

nuthor-12 ized by or purnuant to this Act. .1/t<>r 1'rpa,1J1ncnts to the

13

United States of all

monev

re1111ire<l

to be

r<>paid 1111der

thi.,

14 Act, ,rnch l'<'l'<'llllC shall be fl'}l€1t!tt'~ ll'ilh111 th<>

u1!{Jr

Colo-~ .

15 rado RiL'er Ba.~i11 as may hereafter

be

p1·efll-'Y'ihrd:iuJ Co11gr<'SS.

16

( cl)

Revenues in the Basin Fund in exre~s of operating 17 needs ~hnll be paid amrnally to the geuernl fuud of the 18 Treasury to

return-19

20

21

22 23 24 25

(I) the costs of rn<'h unit, parlitipatiug proje<"t, or any sep,1n1hle feature th<'rcof v-·hich are nlloeatetl to power pursuant to section 5 of this A.et, within o prriod

11ot l'xceeding fifty years from tho date of <'Omplction of

siwh unit, participating project, or ~eparable featnre thereof;

( 2) the costs of each unit, participating projert, or

~

J

1 2 3 4 5 .6 7 8 9 10 11 12 13

14

15 16 17 18

19

20 21 22 11

any separable feature thereof which are allocated to municipal water supply pursuant to sect.ion 5 of this Art, within a period not exceeding fifty years from the date of C'ompletion of such unit, participating projec:t, or separable fenture thereof;

(3) intere~t on the unamortized balnnce of the in-vestment ( inclncling interest dming construction) in the power nnd mnnicipal waler supply featnres of each unit., participatiug project, or any separable feature thereof, at a rnte determined by the Srcretary of the 'I'reasury as proYiclrcl in ~ubsection ( e) , ancl interest clue shall be n first chnrge; und

(-1-) the 1·osls of each unit, pn rticipating project, or any separable feature thereof whieh are allocated to irrigutiou pursuaut to section 5 of this Act within a period not exeecding fift.y yrnrs, in addition to any cle-Yclopment ]leriod authorized

by

law, from the dale of completion of "uch unit, participating prnject, or sepn

-rn hie features thereof, or, in the ea~es of the Paonia project and of Indian lanrls, within a period consistent with other prodsions of law applicable thereto.

( e) 'l'he interest rate applicable to each nuit of the 23 stornge project and <'UCh participating project shall be

deter-21 mined by the Secretary of the 'l'reastu')' as of the time the 25 first advance is made for initiating construction of said unit

1 or project. Such interest rate shall be determined by cal-2 culating the average yield to maturity on the basis of daily

8 closing market bid quotations dming the month of June

4 next preceding the fiscal year in which said advance is made,

5 on all interest-bearing marketable public debt obligations of

6 the United States having a maturity dale of fifteen or more

7 years from the first day of said month, and by adjusting such 8 average annual yield to the nearest one-eighth of 1 per

9 centum.

10 (f) Busiriess-type budgets shall be submitted to the

Con-11 grcss annunlly for all operations financed by the Basin Fund. 12 SEC. 5. Upon completion of each unit, participating

13 project or separable feature thereof the Secretary shall allo-14 cate the total costs ( exclncling any expendit11res authorized 15 by section 7 of this Act) of constructing said unit, project or 16 feature to power, irrigation, mm1icipal water supply, flood 17 control, naYigation, or 11ny other purposes authoriicd uncler

18 reclamation law. Allocations of construction, operation and l 9 maintenance costs to authorized nonreimbursable purposes 20 shall he nonreturnable under the provisions of this Act. On

21 January 1 of each year the Secretary shall report to the Con-22 gress for the preYious fiscal year, beginning with the fiscal

23 year ±9W 1956, upon the status of the revenues from and the 24 cost of constrncting, operating, and maintainir1g the Colorado 25 River storage project and the participating projects. The

~

'

•

1 Secretary's report shall be prepared to reflect accurately the 2 Fcdernl investment allocated at that time to power, to

i11i-3 gation. and to other pnrposei-, the progress of return and rc-4 paymrnt thereon, and the estimated rate of progress, year by 5 year, in accomplishing fu 11 repayment.

6 SEC. G. The hyclroelcdric powerplants

and

t1·ai18mi.~sion

7

lines

authorized by this Act to be con8tructed, operated, and

8 maintained h~· the Secretary sha 11 be operated iu conjunction 9 with other 1''ederal powcr11lants, 1>resent and pot,ential, so as 10 to produ<·e the greatest practicable amon11t of power and 11 energy that can be solcl at firm power and energy rates, lmt

12 no exercise of the authority hereby granted shnll affect or 13 interfere with the operation of nny provision of the

Colo-14: rado River Comp11ct, the UJ)per Colonido River Basin Com-15 pad. or the Boulder Cnnyou Project Act.

16 Snc. 7 .. Tn connPction with the development of the

Colo-17 rarlo Hi ,·er storage project and of the participating projects. 18 the Rccrntm}' is authorizcfl and clircrted lo investigate. plan,

19 construct, opcrntc, and muintai11 ( 1) public recrNitional 20 fneilities on lancls withdrawn or acquired for the

dcYelop-21 ment of ~aid project or of said participating projerts, to 22 cons('JTC !Le i-c·cucr)·, the nntural. hi~torir, and arehrologic 23 objcd8, aud the wildlife on Baid laud,-, and lo provide for :24 public use and enjoyment of thP ~am!\ and of the water areas 25 created by these projects by such means 11s are consistent

14

1 with the primary purposes of said projects; and ( 2) facili-2 tics to mitigate losses of and improve conditions for the 3 propagation of fish and wildlife. The Secretary is author-4 izcd to acquire lands and to wit.hdraw public lands from

5 entry or other disposition under the public land laws neccs-6 sary for the construction, operation, and maintenance of the

7 facilities herein proYided

/01·,

and to dispose of them to

Fed-s

era!, Stat.-0, and local goYcrnmental agencies by lease, h·ans-9 fer, exchange, or conveyance upon such terms and conditions

10 as will best promote their de,elopment and operation in the 11 public interest. All costs incmrcd pursuant to this section 12 shall be nonreimbursablc and nonreturnable.

13 SEC. 8. Nothing contained in this Act shall be construed 14 to alter, amend, repeal, construe, interpret., modify, or be

u1

15 conflict with any provision of the Boulder Canyon Project J 6 Act ( 45 Stat. l 057) , the 13ouldcr Canyon Project Adjust-17 rnent Act (54 Stat. 774), the Colorado Rh·er Compact, the

18 Upper Colorado River Basin Compact, the Rio Grande 19 Compact of 1938, or the Treaty With the United l\Iexican 20 States (Treaty Series 994).

21 SEO. 9. Ex11enclitures for the Gfflss MettB:lA:tB, Flaming

22 Gorge, Glen CanyoB, Juniper, Navajo 1md Erho Park 23 initial units of the Colorado Rh·er storage 11rojcct may be 24 made without regard to the soil survey and land classification

15

1 re<iuiremcnts of the Interior Department Appropriation Act, 2 1954.

3 S1w. 1 O. There arc ·herchy authorized to be appropriated

4 such SLlms as may be requirecl to carry out the purposes of 5 this Act.

6 SEC. 11. The appropriate agencies of the United States 7 are autho1ized to convey to the city and county of Denver, 8 Colorado, for use as a part of its mnnicipally owned water 9 system, such interests iu lands and water rights. used or ac-10 quired by the U nitcd States solely for the generation of 11 power and olhl'r property of t.hc United States as shall be 12 rcqnirNl in connection with the development or use of its 13 Rlnc RiYer projc<·t, npon payment by Denver for auy such

14 interest of the Yalue thereof at the time of its acquisition by 15 Denver, ancl provided that any such transfer shall he so 16 limited a~ not to preclnde the use of

tlw

properly other than 17 water rights for the necessary functions of the United States 18 Government.

19 SEC. 12. ( a) In the operation and maintenance of all

20 facilities, authorized hy Federal Jaw and under the juris-21 cl.iction and supervision of the Recretary of the

T

nterior, in 22 the basin of the Colorado River, the Secretary of the

In-23 tcrior is direrted to comply with the a pplicahle provisions 24 of the Colorado H.iver Compact,

the Upper Colorado

Riv<'1'

1

Basin Compact,

the Boulder Canyon Project Act, the Boulder 2 Canyon Projert Adjustment Act, and the Treaty with the 3 Uuitell l\Icx.ican Stales, in the storage and release of water

4

from reservoirs in the Colornrlo River Basin. In tho event 5 of tho failure of tho Secretary of tho Interior to so comply, 6 any State of the Colorado lli\'er Basin

IDIJY

i11ai'Vain an

• , , ~ "> I - - , •

,J;.-t,

I _ • .,,.. a...Ji . _

V

7 action m the Supreme Oonrt of tlw l mted St.ales te enforce '~

'

8 tho provisions of this section, and consent is given to the

9 joinder of the U uited States as a party in snch suit or suits. 10

Ko

right to impound or use water for the generation of 11 power or energy, created or established by the tmilding,

12 operation or use of any of the powerplanls authorized by 13 this

A

ct, ~hall be deemed to h1we priority over or othcrwi~e

14 operate to preclude or impnir any use, regardless of the

15 date of origin of such me,

of

the waters of

the

Colorndo

' { 16 River ftfttl its ti-ilit1ttll'ies _ System for domestic or agricultural 17 pm·poscs wi-thitt &tlif ef !-~ ~e;; ef Hte

18

Ri¥f'f ~ .

Uppef Celemde

19

(b) In

the operatio11

of worl,s

under

hi8

jurisdict-ion

f01·

20

the storage

and

1·elease of watas of the Colo1'ado

R

ivm·

21 system rrnd in

zwograming

the

stora9e

and

release of

such

22

walel's,

the Srri-rtm·y of the 1 nl(Tim·

.~hall

con-~ult

from

lime

23

lo

time

with

an alfrisory

rommill<'<' ron.~i.~ti11.1J

of

one

rep1'C-2:l

se11tati1•

c

appointed

by

earh

of the ('olorodo River Basin

1

17

1

States, one representati-ve of

the Colorado River Board of

2

California, one

1·cvresenlative

of the Upper Colorado River

3

Commission, and one representative of the United States

4

Section of the Intetnational Bounda1y Oomrn

·

iss-ion, United

5 States and

Mexico.

6

7

SEO. 13. As used in this

Act-The terms "Colorado River Basin", "Colorado River 8 Compact", "Colorado River System", "Lee Feny", "States

9 of the Upper Di\'i~ion", "Upper Basin", and "domestic use" 10 shall haxe the meaning as<'ribed to them in article II of the 11 Upper Colorado River Basin Compact;

12

_{1'he term "Stales of the Upper Colorado River Basin"}

13 shall mean the States of A 1;zona, Colorado, New ::\fcxico,

14 Utah, and Wyoming;

15

The term "Upper Colorado River Basin" shall have

16 the same meaniug as the term "Upper Basin";

TI.

The term "Upper Colorado River Basin Compact"

18 shall mean that certain compact executed on October 11,

19 1948, by commissioners representing the States of Arizona,

20 Colorado, New ofexico, Utah, and Wyoming, and consented

21 to by the Congress of the United States of Ame1;ca by Act 22 of April 6, 1949 (63 Stat. 31);

23 The term "Rio Grando Compact" shall mean that cer-24 tain compact executed on March 18, 1938, by commissioners

\

18

1 representing the States of Colorado, New Mexico, and Texas

2 and consented to by the Congress of the United States of

3 America by Act of l\Iay 31, 1939 (53 Stat. 785); and

4 The term "treaty with the United :Mexican States'' shall

5 mean that certain treaty between the United States of

Amer-6 iea, and the Unitecl Mexican States signed at Washington,

7 District of Cofombin, February 3, 1944, relating to the 8 utilization of the waters of the Colorado River and other

9 rivers, us amended and supplemented

by

the protocol dated 10 KoYember 14, 1944, and the understandings recited in the 11 Senate resolution of April 18, 1945, advising and consenting

8tru CONGRESS

l8T SESSION

MABCB 29, 19GG

S

.

500

AB

I

LL

To irnthorizi, tlu, Secretm·y of the I nt~rior to contilruct, operate, nnd nmintai,1 the Colo· r:1do River stornge project and participaL -ing 1n·ojects, and for other purpos<>S.

fly )lr . • \ ,mi:R,oN, ) f ,·. ALI.OTT, Mr . .fl,\lm:F:1·1',

Jf1·. n1:NNE1T, )IL'. ('n \\'J,:z, )fr. GoLD\\'A.TE.R, )fr. ILwrm"', J\lr. :lf11LIKtN, :IIr. i\'ATl<INS,

and .\Ir. O')L\Ho,.-u·

JANUAJlY" 18, 1055

Rood twice and referred to the Committee 01\ Interior and Insnlnr Affairs