§ 1571. — Water quality improvement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1571]
TITLE 43--PUBLIC LANDS
CHAPTER 32A--COLORADO RIVER BASIN SALINITY CONTROL
SUBCHAPTER I--PROGRAMS DOWNSTREAM FROM IMPERIAL DAM
Sec. 1571. Water quality improvement
(a) Authority to proceed with program
The Secretary of the Interior, hereinafter referred to as the
``Secretary'', is authorized and directed to proceed with a program of
works of improvement for the enhancement and protection of the quality
of water available in the Colorado River for use in the United States
and the Republic of Mexico, and to enable the United States to comply
with its obligations under the agreement with Mexico of August 30, 1973
(Minute No. 242 of the International Boundary and Water Commission,
United States and Mexico), concluded pursuant to the Treaty of February
3, 1944 (TS 994), in accordance with the provisions of this chapter.
(b) Desalting complexes and plants
(1) The Secretary is authorized to construct, operate, and maintain
a desalting complex, including (1) a desalting plant to reduce the
salinity of drain water from the Wellton-Mohawk division of the Gila
project, Arizona (hereinafter referred to as the division), including a
pretreatment plant for settling, softening, and filtration of the drain
water to be desalted; (2) the necessary appurtenant works including the
intake pumping plant system, product waterline, power transmission
facilities, and permanent operating facilities; (3) the necessary
extension in the United States and Mexico of the existing bypass drain
to carry the reject stream from the desalting plant and other drainage
waters to the Santa Clara Slough in Mexico, with the part in Mexico,
subject to arrangements made pursuant to subsection (d) of this section;
(4) replacement of the metal flume in the existing main outlet drain
extension with a concrete siphon; (5) reduction of the quantity of
irrigation return flows through acquisition of lands to reduce the size
of the division, and irrigation efficiency improvements to minimize
return flows; (6) acquire on behalf of the United States such lands or
interest in lands in the Painted Rock Reservoir as may be necessary to
operate the project in accordance with the obligations of Minute No.
242, and (7) all associated facilities including roads, railroad spur,
and transmission lines.
(2)(A) The desalting plant shall be designed to treat approximately
one hundred and twenty-nine million gallons a day of drain water using
advanced technology commercially available. The plant shall effect
recovery initially of not less than 70 per centum of the drain water as
product water, and shall effect reduction of not less than 90 per centum
of the dissolved solids in the feed water. The Secretary shall use
sources of electric power supply for the desalting complex that will not
diminish the supply of power to preference customers from Federal power
systems operated by the Secretary.
(B) The Secretary is authorized to use electrical power and energy
available from the Navajo Generating Station which is in excess of the
Central Arizona Project pumping requirements for the purpose of
supplying power and energy requirements of the desalting plant and
protective pumping well field constructed pursuant to this subchapter:
Provided, That revenues credited to the Lower Colorado River Basin
Development Fund shall not be diminished below those amounts which would
have accrued had the power been marketed at the rate determined by the
Secretary of Energy for the sale of power from the Navajo Generating
Station to utilities and public entities, as a result of the use of
power and energy for the desalting, protective pumping works, and other
uses authorized by law, and that power and energy from the Navajo
Generating Station shall be used first to meet the pumping requirements
of the Central Arizona Project and after those needs have been met, for
the desalting and protective pumping facilities constructed pursuant to
this subchapter, and finally for other uses: Provided further, That
prior to obtaining power from the Navajo Generating Station under the
authority of this subsection, the Secretary shall complete an analysis
of alternative sources of supply, including but not limited to the
possibility of developing an agreement with the Republic of Mexico
whereby the United States (or a non-Federal entity) would enter into
contractual arrangements with Mexico for a sufficient supply of power to
operate the desalting plant, the regulatory pumping fields and
appurtenant facilities.
(C) Effective October 1, 1979, and to such extent and in such
amounts as are provided in advance in appropriation Acts, the Secretary
of the Interior is authorized to purchase supplemental power and energy
as required for the purposes of supplying the power and energy
requirements of the desalting plant and protective pumping well field.
(c) Replacement water studies
Replacement of the reject stream from the desalting plant, Colorado
River waters used for the mitigation of fish and wildlife habitat losses
and of any Wellton-Mohawk drainage water bypassed to the Santa Clara
Slough to accomplish essential operation except at such times when there
exists surplus water of the Colorado River under the terms of the
Mexican Water Treaty of 1944, is recognized as a national obligation as
provided in section 1512 of this title. Studies to identify feasible
measures to provide adequate replacement water shall be completed not
later than June 30, 1980. Said studies shall be limited to potential
sources within the States of Arizona, California, Colorado, New Mexico,
and those portions of Nevada, Utah, and Wyoming which are within the
natural drainage basin of the Colorado River. Measures found necessary
to replace the reject stream from the desalting plant, Colorado River
waters used for the mitigation of fish and wildlife habitat losses and
any Wellton-Mohawk drainage bypassed to the Santa Clara Slough to
accomplish essential operations may be undertaken independently of the
national obligation set forth in section 1512 of this title.
(d) Advancement of funds for that portion of bypass drain within Mexico
The Secretary is hereby authorized to advance funds to the United
States section, International Boundary and Water Commission (IBWC), for
construction, operation, and maintenance by Mexico pursuant to Minute
No. 242 of that portion of the bypass drain within Mexico. Such funds
shall be transferred to an appropriate Mexican agency, under
arrangements to be concluded by the IBWC providing for the construction,
operation, and maintenance of such facility by Mexico.
(e) Desalted water exchange
Any desalted water not needed for the purposes of this subchapter
may be exchanged at prices and under terms and conditions satisfactory
to the Secretary and the proceeds therefrom shall be deposited in the
General Fund of the Treasury. The city of Yuma, Arizona, shall have
first right of refusal to any such water.
(f) Return flow reduction
For the purpose of reducing the return flows from the division to
one hundred and seventy-five thousand acre-feet or less, annually, the
Secretary is authorized to:
(1) Accelerate the cooperative program of Irrigation Management
Services with the Wellton-Mohawk Irrigation and Drainage District,
hereinafter referred to as the district, for the purpose of
improving irrigation efficiency. The district shall bear its share
of the cost of such program as determined by the Secretary.
(2) Acquire by purchase or through eminent domain or exchange,
to the extent determined by him to be appropriate, lands or
interests in lands to reduce the existing seventy-five thousand
developed and undeveloped irrigable acres authorized by the Act of
July 30, 1947 (61 Stat. 628), known as the Gila Reauthorization Act
[43 U.S.C. 613 et seq.]. The initial reduction in irrigable acreage
shall be limited to approximately ten thousand acres. If the
Secretary determines that the irrigable acreage of the division must
be reduced below sixty-five thousand acres of irrigable lands to
carry out the purpose of this section, the Secretary is authorized,
with the consent of the district, to acquire additional lands, as
may be deemed by him to be appropriate.
(g) Disposal of acquired lands
The Secretary is authorized to dispose of the acquired lands and
interests therein on terms and conditions satisfactory to him and
meeting the objective of this chapter.
(h) Assistance to water users for installation of system improvements
The Secretary is authorized, either in conjunction with or in lieu
of land acquisition, to assist water users in the division in installing
system improvements, such as ditch lining, change of field layouts,
automatic equipment, sprinkler systems and bubbler systems, as a means
of increasing irrigation efficiencies: Provided, however, That all costs
associated with the improvements authorized herein and allocated to the
water users on the basis of benefits received, as determined by the
Secretary, shall be reimbursed to the United States in amounts and on
terms and conditions satisfactory to the Secretary.
(i) Contract amendment
The Secretary is authorized to amend the contract between the United
States and the district dated March 4, 1952, as amended, to provide
that--
(1) the portion of the existing repayment obligation owing to
the United States allocable to irrigable acreage eliminated from the
division for the purposes of this subchapter, as determined by the
Secretary, shall be nonreimbursable; and
(2) if deemed appropriate by the Secretary, the district shall
be given credit against its outstanding repayment obligation to
offset any increase in operation and maintenance assessments per
acre which may result from the district's decreased operation and
maintenance base, all as determined by the Secretary.
(j) Acquisition of land for storage
The Secretary is authorized to acquire through the Corps of
Engineers fee title to, or other necessary interests in, additional
lands above the Painted Rock Dam in Arizona that are required for the
temporary storage capacity needed to permit operation of the dam and
reservoir in times of serious flooding in accordance with the
obligations of the United States under Minute No. 242. No funds shall be
expended for acquisition of land or interests therein until it is
finally determined by a Federal court of competent jurisdiction that the
Corps of Engineers presently lacks legal authority to use said lands for
this purpose. Nothing contained in this subchapter nor any action taken
pursuant to it shall be deemed to be a recognition or admission of any
obligation to the owners of such land on the part of the United States
or a limitation or deficiency in the rights or powers of the United
States with respect to such lands or the operation of the reservoir.
(k) Transfer of funds
To the extent desirable to carry out subsections (f)(1) and (h) of
this section, the Secretary may transfer funds to the Secretary of
Agriculture as may be required for technical assistance to farmers,
conduct of research and demonstrations, and such related investigations
as are required to achieve higher on-farm irrigation efficiencies.
(l) Nonreimbursable costs
All cost associated with the desalting complex shall be
nonreimbursable except as provided in subsections (f) and (h) of this
section.
(Pub. L. 93-320, title I, Sec. 101, June 24, 1974, 88 Stat. 266; Pub. L.
96-336, Secs. 1, 2, Sept. 4, 1980, 94 Stat. 1063.)
References in Text
Act of July 30, 1947 (61 Stat. 628), known as the Gila
Reauthorization Act, referred to in subsec. (f)(2), is act July 30,
1947, ch. 382, 61 Stat. 628, which was classified generally to
subchapter XXI (Sec. 613 et seq.) of chapter 12 of this title, and was
omitted from the Code.
Amendments
1980--Subsec. (b)(2). Pub. L. 96-336, Sec. 1, designated existing
provisions as subpar. (A), struck out requirement that all costs
associated with the desalting plant be nonreimbursable, and added
subpars. (B) and (C).
Subsec. (c). Pub. L. 96-336, Sec. 2, included replacement water
studies covering reject stream from the Colorado River waters used for
the mitigation of fish and wildlife habitat losses.
Short Title
Section 1 of Pub. L. 93-320 provided: ``That this Act [enacting this
chapter and amending sections 620d and 1543 of this title] may be cited
as the `Colorado River Basin Salinity Control Act'.''
Section Referred to in Other Sections
This section is referred to in section 1578 of this title.
