[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1592]
TITLE 43--PUBLIC LANDS
CHAPTER 32A--COLORADO RIVER BASIN SALINITY CONTROL
SUBCHAPTER II--MEASURES UPSTREAM FROM IMPERIAL DAM
Sec. 1592. Authorization to construct, operate, and maintain
salinity control units and salinity control program
(a) Authority of Secretary
The Secretary is authorized to construct, operate, and maintain the
following salinity control units and salinity control program as the
initial stage of the Colorado River Basin salinity control program:
(1) The Paradox Valley unit, Montrose County, Colorado, consisting
of facilities for collection and disposition of saline ground water of
Paradox Valley, including wells, pumps, pipelines, solar evaporation
ponds, and all necessary appurtenant and associated works such as roads,
fences, dikes, power transmission facilities, and permanent operating
facilities, and consisting of measures to replace incidental fish and
wildlife values foregone.
(2) The Grand Valley unit, Colorado, consisting of measures and all
necessary appurtenant and associated works to reduce the seepage of
irrigation water from the irrigated lands of Grand Valley into the
ground water and thence into the Colorado River. Measures shall include
lining of canals and laterals, replacing canals and laterals with pipe,
and the combining of existing canals and laterals into fewer and more
efficient facilities implementing other measures to reduce salt
contributions from the Grand Valley to the Colorado River, and
implementing measures to replace incidental fish and wildlife values
foregone..\1\ Prior to initiation of construction of the Grand Valley
unit, or portion thereof, the Secretary shall enter into contracts
through which the non-Federal entities owning, operating, and
maintaining the water distribution systems, or portions thereof, in
Grand Valley, singly or in concert, will assume the obligations
specified in subsection (b)(2) of this section relating to the continued
operation and maintenance of the unit's facilities to the end that the
maximum reduction of salinity inflow to the Colorado River will be
achieved.
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\1\ So in original.
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(3) The Las Vegas Wash unit, Nevada, consisting of facilities for
collection and disposition of saline ground water of Las Vegas Wash,
including infiltration galleries, pumps, desalter, pipelines, solar
evaporation facilities, and all appurtenant works including but not
limited to roads, fences, power transmission facilities, and operating
facilities, and consisting of measures to replace incidental fish and
wildlife values foregone.
(4) Stage I of the Lower Gunnison Basin unit, Colorado, consisting
of measures and all necessary appurtenant and associated works to reduce
seepage from canals and laterals in the Uncompahgre Valley, and
consisting of measures to replace incidental fish and wildlife values
foregone, essentially as described in the feasibility report and final
environmental statement dated February 10, 1984. Prior to initiation of
construction of stage I of the Lower Gunnison Basin unit, or of a
portion of stage I, the Secretary shall enter into contracts through
which the non-Federal entities owning, operating, and maintaining the
water distribution systems, or portions thereof, in the Uncompahgre
Valley, singly or in concert, will assume the obligations specified in
subsection (b)(2) of this section relating to the continued operation
and maintenance of the unit's facilities.
(5) Portions of the McElmo Creek unit, Colorado, as components of
the Dolores participating project, Colorado River Storage project,
authorized by Public Law 90-537 [43 U.S.C. 1501 et seq.] and Public Law
84-485 [43 U.S.C. 620 et seq.], consisting of all measures and all
necessary appurtenant and associated works to reduce seepage only from
the Towaoc-Highline combined canal, Rocky Ford laterals, Lone Pine
lateral, and Upper Hermana lateral, and consisting of measures to
replace incidental fish and wildlife values foregone. The Dolores
participating project shall have salinity control as a project purpose
insofar as these specific facilities are concerned: Provided, That the
costs of construction and replacement of these specific facilities shall
be allocated by the Secretary to salinity control and irrigation only
after consultation with the State of Colorado, the Montezuma Valley
Irrigation District, Colorado, and the Dolores Water Conservancy
District, Colorado: And provided further, That such allocation of costs
to salinity control will include only the separable and specific costs
of these specific facilities and will not include any joint costs of any
other facilities of the Dolores participating project. Repayment of
costs allocated to salinity control shall be subject to this chapter.
Repayment of costs allocated to irrigation shall be subject to the Acts
which authorized the Dolores participating project, the Reclamation Act
of 1902, and Acts amendatory and supplementary thereto. Prior to
initiation of construction of these specific facilities, or a portion
thereof, the Secretary shall enter into contracts through which the non-
Federal entities owning, operating, and maintaining the water
distribution systems, or portions thereof, in the Montezuma Valley,
singly or in concert, will assume the obligations specified in
subsection (b)(2) of this section relating to the continued operation
and maintenance of the unit's facilities.
(6) A basinwide salinity control program that the Secretary, acting
through the Bureau of Reclamation, shall implement. The Secretary may
carry out the purposes of this paragraph directly, or may make grants,
commitments for grants, or advances of funds to non-Federal entities
under such terms and conditions as the Secretary may require. Such
program shall consist of cost-effective measures and associated works to
reduce salinity from saline springs, leaking wells, irrigation sources,
industrial sources, erosion of public and private land, or other sources
that the Secretary considers appropriate. Such program shall provide for
the mitigation of incidental fish and wildlife values that are lost as a
result of the measures and associated works. The Secretary shall submit
a planning report concerning the program established under this
paragraph to the appropriate committees of Congress. The Secretary may
not expend funds for any implementation measure under the program
established under this paragraph before the expiration of a 30-day
period beginning on the date on which the Secretary submits such report.
(b) Implementation of authorized units
In implementing the units authorized to be constructed pursuant to
subsection (a) of this section, the Secretary shall carry out the
following directions:
(1) As reports are completed describing final implementation
plans for the unit, or any portion thereof, authorized by paragraph
(5) of subsection (a) of this section, and prior to expenditure of
funds for related construction activities, the Secretary shall
submit such reports to the appropriate committees of the Congress
and to the governors of the Colorado River Basin States.
(2) Non-Federal entities shall be required by the Secretary to
contract for the long-term operation and maintenance of canal and
lateral systems constructed pursuant to activities provided for in
subsection (a) of this section: Provided, That the Secretary shall
reimburse such non-Federal entities for the costs of such operation
and maintenance to the extent the costs exceed the expenses that
would have been incurred by them in the thorough and timely
operation and maintenance of their canal and lateral systems absent
the construction of a unit, said expenses to be determined by the
Secretary after consultation with the involved non-Federal entities.
The operation and maintenance for which non-Federal entities shall
be responsible shall include such repairing and replacing of a
unit's facilities as are associated with normal annual maintenance
activities in order to keep such facilities in a condition which
will assure maximum reduction of salinity inflow to the Colorado
River. These non-Federal entities shall not be responsible, nor
incur any costs, for the replacement of a unit's facilities,
including measures to replace incidental fish and wildlife values
foregone. The term replacement shall be defined for the purposes of
this subchapter as a major modification or reconstruction of a
completed unit, or portion thereof, which is necessitated, through
no fault of the non-Federal entity or entities operating and
maintaining a unit, by design or construction inadequacies or by
normal limits on the useful life of a facility. The Secretary is
authorized to provide continuing technical assistance to non-Federal
entities to assure the effective and efficient operation and
maintenance of a unit's facilities.
(3) The Secretary may, under authority of this subchapter, and
limited to the purposes of this chapter, fund through a grant or
contract, for any fiscal year only to such extent or in such amounts
as are provided in appropriation Acts, a non-Federal entity to
organize private canal and lateral owners into formal organizations
with which the Secretary may enter into a grant or contract to
construct, operate, and maintain a unit's facilities.
(4) In implementing the units authorized to be constructed or
the program pursuant to paragraphs (1), (2), (3), (4), (5), and (6)
of subsection (a) of this section, the Secretary shall comply with
procedural and substantive State water laws.
(5) The Secretary may, under authority of this subchapter and
limited to the purposes of this chapter, fund through a grant or
contract, for any fiscal year only to such extent or in such amounts
as are provided in appropriation Acts, a non-Federal entity to
operate and maintain measures to replace incidental fish and
wildlife values foregone.
(6) In implementing the units authorized to be constructed
pursuant to subsection (a) of this section, the Secretary shall
implement measures to replace incidental fish and wildlife values
foregone concurrently with the implementation of a unit's, or a
portion of a unit's, related features.
(c) Salinity control measures
The Secretary of Agriculture shall carry out salinity control
measures (including watershed enhancement and cost-share measures with
livestock and crop producers) in the Colorado River Basin as part of the
environmental quality incentives program established under chapter 4 of
subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C.
3839aa et seq.].
(Pub. L. 93-320, title II, Sec. 202, June 24, 1974, 88 Stat. 271; Pub.
L. 98-569, Sec. 2, Oct. 30, 1984, 98 Stat. 2933; Pub. L. 104-20,
Sec. 1(1), (4), July 28, 1995, 109 Stat. 255, 256; Pub. L. 104-127,
title III, Sec. 336(c)(1), Apr. 4, 1996, 110 Stat. 1006.)
References in Text
Public Law 90-537, referred to in subsec. (a)(5), is act Sept. 30,
1968, 82 Stat. 885, as amended, popularly known as the ``Colorado River
Basin Project Act'', which is classified principally to chapter 32
(Sec. 1501 et seq.) 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.
Public Law 84-485, referred to in subsec. (a)(5), is act Apr. 11,
1956, ch. 203, 70 Stat. 105, as amended, popularly known as the
``Colorado River Storage Project Act'', which is classified to chapter
12B (Sec. 620 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 620 of
this title and Tables.
The Reclamation Act of 1902, referred to in subsec. (a)(5), is act
June 17, 1902, 32 Stat. 388, as amended and supplemented, 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.
The Food Security Act of 1985, referred to in subsec. (c), is Pub.
L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 4 of
subtitle D of title XII of the Act is classified generally to part IV
(Sec. 3839aa et seq.) of subchapter IV of chapter 58 of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title of 1985 Amendment note set out under section 1281 of Title
7, Agriculture, and Tables.
Amendments
1996--Subsec. (c). Pub. L. 104-127 added subsec. (c) and struck out
former subsec. (c) which authorized establishment of a voluntary
cooperative salinity control program with landowners to improve on-farm
water mana
