§ 1600c. — Colorado River Floodway.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1600c]
TITLE 43--PUBLIC LANDS
CHAPTER 32B--COLORADO RIVER FLOODWAY
Sec. 1600c. Colorado River Floodway
(a) Establishment
There is established the Colorado River Floodway as identified and
generally depicted on maps that are to be submitted by the Secretary.
(b) Study of tributary floodflows; determination of Floodway boundary
Within eighteen months after October 8, 1986, the Secretary, in
consultation with the seven Colorado River Basin States, represented by
persons designated by the Governors of those States, the Colorado River
Floodway Task Force, and any other interested parties shall:
(1) complete a study of the tributary floodflows downstream of
Davis Dam;
(2) define the specific boundaries of the Colorado River
Floodway so that the Floodway can accommodate either a one-in-one
hundred year river flow consisting of controlled releases and
tributary inflow, or a flow of forty thousand cubic feet per second
(cfs), whichever is greater, from below Davis Dam to the Southerly
International Boundary between the United States of America and the
Republic of Mexico.
(c) Review and modification of boundaries; notice and comment; written
justification for decision of Secretary
(1) The Secretary shall conduct, at least once every five years, a
review of the Colorado River Floodway and make, after notice to and in
consultation with appropriate chief executive officers of States,
counties, municipalities, water districts, Indian tribes, or equivalent
jurisdictions in which the Floodway is located, and others, such minor
and technical modifications to the boundaries of the Floodway as are
necessary solely to reflect changes that have occurred in the size or
location of any portion of the floodplain as a result of natural forces,
and as necessary pursuant to subsection (c) of section 1600e of this
title.
(2) If, in the case of any minor and technical modification to the
boundaries of the Floodway made under the authority of this subsection,
an appropriate chief executive officer of a State, county, municipality,
water district, Indian tribe, or equivalent jurisdiction, to which
notice was given in accordance with this subsection files comments
disagreeing with all or part of the modification and the Secretary makes
a modification which is in conflict with such comments, the Secretary
shall submit to the chief executive officer a written justification for
his failure to make modifications consistent with such comments or
proposals.
(Pub. L. 99-450, Sec. 5, Oct. 8, 1986, 100 Stat. 1131; Pub. L. 105-362,
title IX, Sec. 901(d), Nov. 10, 1998, 112 Stat. 3289.)
Amendments
1998--Subsec. (b). Pub. L. 105-362, Sec. 901(d)(1), struck out par.
(1) designation, redesignated cls. (i) and (ii) of former par. (1) as
pars. (1) and (2), respectively, and struck out former pars. (2) and (3)
which related to preparation and filing of maps with congressional
committees, Federal, State, and local government agencies, and federally
insured financial institutions.
Subsec. (c)(1). Pub. L. 105-362, Sec. 901(d)(2), substituted
``appropriate chief executive officers of States, counties,
municipalities, water districts, Indian tribes, or equivalent
jurisdictions in which the Floodway is located,'' for ``the appropriate
officers referred to in paragraph (3) of subsection (b) of this
section,''.
Section Referred to in Other Sections
This section is referred to in sections 1600a, 1600b, 1600d, 1600l
of this title; title 42 section 4029.
