§ 617c. — Condition precedent to taking effect of provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC617c]
TITLE 43--PUBLIC LANDS
CHAPTER 12A--BOULDER CANYON PROJECT
SUBCHAPTER I--BOULDER CANYON PROJECT ACT
Sec. 617c. Condition precedent to taking effect of provisions
(a) Ratification by interested States of Colorado River compact;
agreements for apportionment of waters
This subchapter shall not take effect and no authority shall be
exercised under this subchapter and no work shall be begun and no moneys
expended on or in connection with the works or structures provided for
in this subchapter, and no water rights shall be claimed or initiated
thereunder, and no steps shall be taken by the United States or by
others to initiate or perfect any claims to the use of water pertinent
to such works or structures unless and until (1) the States of Arizona,
California, Colorado, Nevada, New Mexico, Utah, and Wyoming shall have
ratified the Colorado River compact, mentioned in section 617l of this
title, and the President by public proclamation shall have so declared,
or (2) if said States fail to ratify the said compact within six months
from December 21, 1928, then, until six of said States, including the
State of California, shall ratify said compact and shall consent to
waive the provisions of the first paragraph of Article XI of said
compact, which makes the same binding and obligatory only when approved
by each of the seven States signatory thereto, and shall have approved
said compact without conditions, save that of such six-State approval,
and the President by public proclamation shall have so declared, and,
further, until the State of California, by act of its legislature, shall
agree irrevocably and unconditionally with the United States and for the
benefit of the States of Arizona, Colorado, Nevada, New Mexico, Utah,
and Wyoming, as an express covenant and in consideration of the passage
of this subchapter, that the aggregate annual consumptive use
(diversions less returns to the river) of water of and from the Colorado
River for use in the State of California, including all uses under
contracts made under the provisions of this subchapter and all water
necessary for the supply of any rights which existed on December 21,
1928, shall not exceed four million four hundred thousand acre-feet of
the waters apportioned to the lower basin States by paragraph (a) of
Article III of the Colorado River compact, plus not more than one-half
of any excess or surplus waters unapportioned by said compact, such uses
always to be subject to the terms of said compact.
The States of Arizona, California, and Nevada are authorized to
enter into an agreement which shall provide (1) that of the 7,500,000
acre-feet annually apportioned to the lower basin by paragraph (a) of
Article III of the Colorado River compact, there shall be apportioned to
the State of Nevada 300,000 acre-feet and to the State of Arizona
2,800,000 acre-feet for exclusive beneficial consumptive use in
perpetuity, and (2) that the State of Arizona may annually use one-half
of the excess or surplus waters unapportioned by the Colorado River
compact, and (3) that the State of Arizona shall have the exclusive
beneficial consumptive use of the Gila River and its tributaries within
the boundaries of said State, and (4) that the waters of the Gila River
and its tributaries, except return flow after the same enters the
Colorado River, shall never be subject to any diminution whatever by any
allowance of water which may be made by treaty or otherwise to the
United States of Mexico but if, as provided in paragraph (c) of Article
III of the Colorado River compact, it shall become necessary to supply
water to the United States of Mexico from waters over and above the
quantities which are surplus as defined by said compact, then the State
of California shall and will mutually agree with the State of Arizona to
supply out of the main stream of the Colorado River, one-half of any
deficiency which must be supplied to Mexico by the lower basin, and (5)
that the State of California shall and will further mutually agree with
the States of Arizona and Nevada that none of said three States shall
withhold water and none shall require the delivery of water, which
cannot reasonably be applied to domestic and agricultural uses, and (6)
that all of the provisions of said tri-State agreement shall be subject
in all particulars to the provisions of the Colorado River compact and
(7) said agreement to take effect upon the ratification of the Colorado
River compact by Arizona, California, and Nevada.
(b) Agreements for revenues to meet expenses of construction, operation,
and maintenance of works
Before any money is appropriated for the construction of said dam or
power plant, or any construction work done or contracted for, the
Secretary of the Interior shall make provision for revenues by contract,
in accordance with the provisions of this subchapter, adequate in his
judgment to insure payment of all expenses of operation and maintenance
of said works incurred by the United States and the repayment, within
fifty years from the date of the completion of said works, of all
amounts advanced to the fund under subsection (b) of section 617a of
this title for such works together with interest thereon made
reimbursable under this subchapter.
Before any money is appropriated for the construction of said main
canal and appurtenant structures to connect the Laguna Dam with the
Imperial and Coachella Valleys in California, or any construction work
is done upon said canal or contracted for, the Secretary of the Interior
shall make provision for revenues, by contract or otherwise, adequate in
his judgment to insure payment of all expenses of construction,
operation, and maintenance of said main canal and appurtenant structures
in the manner provided in the reclamation law.
If during the period of amortization the Secretary of the Interior
shall receive revenues in excess of the amount necessary to meet the
periodical payments to the United States as provided in the contract, or
contracts, executed under this subchapter, then, immediately after the
settlement of such periodical payments, he shall pay to the State of
Arizona 18\3/4\ per centum of such excess revenues and to the State of
Nevada 18\3/4\ per centum of such excess revenues.
(Dec. 21, 1928, ch. 42, Sec. 4, 45 Stat. 1058.)
References in Text
The reclamation law, referred to in text, is defined in section 617k
of this title.
Section Referred to in Other Sections
This section is referred to in sections 617a, 617d, 617e, 617o, 618a
of this title.
