§ 1523. — Power requirements of Central Arizona Project and augmentation of Lower Colorado River Basin Development Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1523]
TITLE 43--PUBLIC LANDS
CHAPTER 32--COLORADO RIVER BASIN PROJECT
SUBCHAPTER III--AUTHORIZED UNITS; PROTECTION OF EXISTING USES
Sec. 1523. Power requirements of Central Arizona Project and
augmentation of Lower Colorado River Basin Development Fund
(a) Engineering and economic studies
The Secretary is authorized and directed to continue to a conclusion
appropriate engineering and economic studies and to recommend the most
feasible plan for the construction and operation of hydroelectric
generating and transmission facilities, the purchase of electrical
energy, the purchase of entitlement to electrical plant capacity, or any
combination thereof, including participation, operation, or construction
by non-Federal entities, for the purpose of supplying the power
requirements of the Central Arizona Project and augmenting the Lower
Colorado River Basin Development Fund: Provided, That nothing in this
section or in this chapter contained shall be construed to authorize the
study or construction of any dams on the main stream of the Colorado
River between Hoover Dam and Glen Canyon Dam.
(b) Construction of thermal generating powerplants; agreements for
acquisition by United States of portions of plant capacity
If included as a part of the recommended plan, the Secretary may
enter into agreements with non-Federal interests proposing to construct
thermal generating powerplants whereby the United States shall acquire
the right to such portions of their capacity, including delivery of
power and energy over appurtenant transmission facilities to mutually
agreed upon delivery points, as he determines is required in connection
with the operation of the Central Arizona Project. When not required for
the Central Arizona Project, the power and energy acquired by such
agreements may be disposed of intermittently by the Secretary for other
purposes at such prices as he may determine, including its marketing in
conjunction with the sale of power and energy from Federal powerplants
in the Colorado River system so as to produce the greatest practicable
amount of power and energy that can be sold at firm power and energy
rates. The agreements shall provide among other things, that--
(1) the United States shall pay not more than that portion of
the total construction cost, exclusive of interest during
construction, of the powerplants, and of any switchyards and
transmission facilities serving the United States, as is represented
by the ratios of the respective capacities to be provided for the
United States therein to the total capacities of such facilities.
The Secretary shall make the Federal portion of such costs available
to the non-Federal interests during the construction period,
including the period of preparation of designs and specifications,
in such installments as will facilitate a timely construction
schedule, but no funds other than for preconstruction activities
shall be made available by the Secretary until he determines that
adequate contractual arrangements have been entered into between all
the affected parties covering land, water, fuel supplies, power (its
availability and use), rights-of-way, transmission facilities and
all other necessary matters for the thermal generating powerplants;
(2) annual operation and maintenance costs shall be apportioned
between the United States and the non-Federal interests on an
equitable basis taking into account the ratios determined in
accordance with the foregoing clause (1): Provided, however, That
the United States shall share on the foregoing basis in the
depreciation component of such costs only to the extent of provision
for depreciation on replacements financed by the non-Federal
interests;
(3) the United States shall be given appropriate credit for any
interests in Federal lands administered by the Department of the
Interior that are made available for the power plants and
appurtenances;
(4) costs to be borne by the United States under clauses (1) and
(2) shall not include (a) interest and interest during construction,
(b) financing charges, (c) franchise fees, and (d) such other costs
as shall be specified in the agreement.
(c) Recommended plan; submission to Congress
No later than one year from September 30, 1968, the Secretary shall
submit his recommended plan to the Congress. Except as authorized by
subsection (b) of this section, such plan shall not become effective
until approved by the Congress.
(d) Apportionment of water for Arizona plants diverted above Lee Ferry
If any thermal generating plant referred to in subsection (b) of
this section is located in Arizona, and if it is served by water
diverted from the drainage area of the Colorado River system above Lee
Ferry, other provisions of existing law to the contrary notwithstanding,
such consumptive use of water shall be a part of the fifty thousand
acre-feet per annum apportioned to the State of Arizona by article
III(a) of the Upper Colorado River Basin Compact (63 Stat. 31).
(Pub. L. 90-537, title III, Sec. 303, Sept. 30, 1968, 82 Stat. 889.)
References in Text
This chapter, referred to in subsec. (a), was in the original ``this
Act'', meaning Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended,
known as the Colorado River Basin Project Act, which enacted this
chapter and sections 616aa-1, 620a-1, 620a-2, 620c-1, and 620d-1 of this
title, amended sections 616hh, 620, and 620a of this title, and enacted
provisions set out as notes under sections 620, 620k, and 1501 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 1501 of this title and Tables.
