§ 617l. — Colorado River compact approval.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC617l]
TITLE 43--PUBLIC LANDS
CHAPTER 12A--BOULDER CANYON PROJECT
SUBCHAPTER I--BOULDER CANYON PROJECT ACT
Sec. 617l. Colorado River compact approval
(a) Approval by Congress
The Colorado River compact signed at Santa Fe, New Mexico, November
24, 1922, pursuant to Act of Congress approved August 19, 1921, entitled
``An Act to permit a compact or agreement between the States of Arizona,
California, Colorado, Nevada, New Mexico, Utah, and Wyoming respecting
the disposition and apportionment of the waters of the Colorado River,
and for other purposes'', is approved by the Congress of the United
States, and the provisions of the first paragraph of article 11 of the
said Colorado River compact, making said compact binding and obligatory
when it shall have been approved by the legislature of each of the
signatory States, are waived, and this approval shall become effective
when the State of California and at least five of the other States
mentioned, shall have approved or may hereafter approve said compact as
aforesaid and shall consent to such waiver, as herein provided.
(b) Rights in waters of Colorado River and tributaries; Colorado River
compact as controlling
The rights of the United States in or to waters of the Colorado
River and its tributaries howsoever claimed or acquired, as well as the
rights of those claiming under the United States, shall be subject to
and controlled by said Colorado River compact.
(c) Patents, grants, contracts, concessions, etc.; Colorado River
compact as controlling
Also all patents, grants, contracts, concessions, leases, permits,
licenses, rights-of-way, or other privileges from the United States or
under its authority, necessary or convenient for the use of waters of
the Colorado River or its tributaries, or for the generation or
transmission of electrical energy generated by means of the waters of
said river or its tributaries, whether under this subchapter, the
Federal Power Act [16 U.S.C. 791a et seq.], or otherwise, shall be upon
the express condition and with the express covenant that the rights of
the recipients or holders thereof to waters of the river or its
tributaries, for the use of which the same are necessary, convenient, or
incidental, and the use of the same shall likewise be subject to and
controlled by said Colorado River compact.
(d) Conditions and covenants referred to herein; nature; how and by whom
availed of in litigation
The conditions and covenants referred to herein shall be deemed to
run with the land and the right, interest, or privilege therein and
water right, and shall attach as a matter of law, whether set out or
referred to in the instrument evidencing any such patent, grant,
contract, concession, lease, permit, license, right-of-way, or other
privilege from the United States or under its authority, or not, and
shall be deemed to be for the benefit of and be available to the States
of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming,
and the users of water therein or thereunder, by way of suit, defense,
or otherwise, in any litigation respecting the waters of the Colorado
River or its tributaries.
(Dec. 21, 1928, ch. 42, Sec. 13, 45 Stat. 1064.)
References in Text
Act of Congress approved August 19, 1921, referred to in subsec.
(a), is act Aug. 19, 1921, ch. 72, 42 Stat. 171, which is not classified
to the Code.
The Federal Power Act, referred to in subsec. (c), which was in the
original the ``Federal Water Power Act'', is defined in section 617k of
this title. For further details, see note set out under section 617k of
this title.
Upper Colorado River Basin Compact
The Upper Colorado River Basin Compact signed by the States of
Arizona, Colorado, New Mexico, Utah, and Wyoming on October 11, 1948,
was approved by Congress Apr. 6, 1949, ch. 48, 63 Stat. 31.
Section Referred to in Other Sections
This section is referred to in sections 617c, 618m of this title.
