§ 1573. — Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1573]
TITLE 43--PUBLIC LANDS
CHAPTER 32A--COLORADO RIVER BASIN SALINITY CONTROL
SUBCHAPTER I--PROGRAMS DOWNSTREAM FROM IMPERIAL DAM
Sec. 1573. Construction and maintenance of well fields; land
acquisition; land replacement; nonreimbursable costs
(a) The Secretary is authorized to:
(1) Construct, operate, and maintain, consistent with Minute No.
242, well fields capable of furnishing approximately one hundred and
sixty thousand acre-feet of water per year for use in the United
States and for delivery to Mexico in satisfaction of the 1944
Mexican Water Treaty.
(2) Acquire by purchase, eminent domain, or exchange, to the
extent determined by him to be appropriate, approximately twenty-
three thousand five hundred acres of lands or interests therein with
approximately five miles of the Mexican border on the Yuma Mesa:
Provided, however, That any such lands which are presently owned by
the State of Arizona may be acquired or exchanged for Federal lands.
(3) Any lands removed from the jurisdiction of the Yuma Mesa
Irrigation and Drainage District pursuant to clause (2) of this
subsection which were available for use under the Gila
Reauthorization Act (61 Stat. 628) [43 U.S.C. 613 et. seq.], shall
be replaced with like lands within or adjacent to the Yuma Mesa
division of the project. In the development of these substituted
lands or any other lands within the Gila project, the Secretary may
provide for full utilization of the Gila Gravity Main Canal in
addition to contracted capacities.
(4) Effective October 1, 1979, and to such extent and in such
amounts as are provided in advance in appropriation Acts, enter into
contracts under the terms and conditions of the Act of June 17, 1902
(43 U.S.C. 371 et seq.) as amended and supplemented for the delivery
of water from said well field to entities within the United States
for municipal and industrial or irrigation purposes: Provided, That
such contracts for municipal and industrial purposes shall contain
terms and conditions as substantially provided in section 485h(c)(1)
of this title, and that contracts for replacement irrigation water
supplies to prevent damage to existing water users on privately
developed lands include water charges no greater than if such water
users had continued to pump their own wells without the United
States lowering the water table and that the acreage limitation and
related provisions of the Reclamation Law [43 U.S.C. 371 et seq.]
will not be applicable to such privately developed lands: Provided
further, That no contract shall be entered which will impair the
ability of the United States to continue to deliver to Mexico on the
land boundary at San Luis and in the Limitrophe Section of the
Colorado River downstream from Morelos Dam approximately one hundred
and forty thousand acre-feet annually, consistent with the terms
contained in Minute No. 242 of the IBWC.
(b) The cost of work provided for in this section, including
delivery of water to Mexico, shall be nonreimbursable; except to the
extent that the waters furnished are used in the United States.
(Pub. L. 93-320, title I, Sec. 103, June 24, 1974, 88 Stat. 269; Pub. L.
96-336, Sec. 3, Sept. 4, 1980, 94 Stat. 1063.)
References in Text
The Gila Reauthorization Act, referred to in subsec. (a)(3), 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.
Act of June 17, 1902 (43 U.S.C. 371 et seq.) as amended and
supplemented, and the Reclamation Law, referred to in subsec. (a)(4), is
act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known
as the Reclamation Act, which is classified generally to chapter 12
(Sec. 371 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 371 of this
title and Tables.
Amendments
1980--Subsec. (a)(4). Pub. L. 96-336 added par. (4).
Section Referred to in Other Sections
This section is referred to in section 1578 of this title.
