§ 620a. — Priority to planning reports of certain additional participating projects; reports to States; San JuanChama project; Juniper project.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC620a]
TITLE 43--PUBLIC LANDS
CHAPTER 12B--COLORADO RIVER STORAGE PROJECT
Sec. 620a. Priority to planning reports of certain additional
participating projects; reports to States; San Juan-Chama
project; Juniper project
In carrying out further investigations of projects under the Federal
reclamation laws in the Upper Colorado River Basin, the Secretary shall
give priority to completion of planning reports on the Gooseberry, Eagle
Divide, Bluestone, Battlement Mesa, Grand Mesa, Yellow Jacket, Basalt,
Middle Park (including the Troublesome, Rabbit Ear, and Azure units),
Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek
units), Lower Yampa (including the Juniper and Great Northern units),
Upper Yampa (including the Hayden Mesa, Wessels, and Toponas units) and
Sublette (including a diversion of water from the Green River to the
North Platte River Basin Wyoming), Ute Indian unit of the Central Utah
Project, San Juan County (Utah), Price River, Grand County (Utah), Gray
Canyon, and Juniper (Utah) participating projects: Provided, That the
planning report for the Ute Indian unit of the Central Utah
participating project shall be completed on or before December 31, 1974,
to enable the United States of America to meet the commitments
heretofore made to the Ute Indian Tribe of the Uintah and Ouray Indian
Reservation under the agreement dated September 20, 1965 (Contract
Numbered 14-06-W-194). Said reports shall be completed as expeditiously
as funds are made available therefor and shall be submitted promptly to
the affected States, which in the case of the San Juan-Chama project
shall include the State of Texas, and thereafter to the President and
the Congress: Provided, That with reference to the plans and
specifications for the San Juan-Chama project, the storage for control
and regulation of water imported from the San Juan River shall (1) be
limited to a single offstream dam and reservoir on a tributary of the
Chama River, (2) be used solely for control and regulation and no power
facilities shall be established, installed or operated thereat, and (3)
be operated at all times by the Bureau of Reclamation of the Department
of the Interior in strict compliance with the Rio Grande Compact as
administered by the Rio Grande Compact Commission. The preparation of
detailed designs and specifications for the works proposed to be
constructed in connection with projects shall be carried as far forward
as the investigations thereof indicate is reasonable in the
circumstances.
The Secretary, concurrently with the investigations directed by the
preceding paragraph, shall also give priority to completion of a
planning report on the Juniper project.
(Apr. 11, 1956, ch. 203, Sec. 2, 70 Stat. 106; Pub. L. 87-483, Sec. 18,
June 13, 1962, 76 Stat. 102; Pub. L. 88-568, Sec. 1, Sept. 2, 1964, 78
Stat. 852; Pub. L. 90-537, title V, Sec. 501(a), Sept. 30, 1968, 82
Stat. 897.)
References in Text
The Federal reclamation laws, referred to in text, include the act
of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the
Reclamation Act, and Acts amendatory thereof and supplementary thereto,
classified generally to chapter 12 (Sec. 371 et seq.) of this title. For
complete classification of act June 17, 1902, to the Code, see Short
Title note set out under section 371 of this title and Tables.
Codification
The provisions of subsec. (a) of section 501 of Pub. L. 90-537 which
amended this section are only a part of said subsec. (a). The remainder
of subsec. (a), amended section 620 of this title and enacted provisions
set out as notes under sections 620 and 620k of this title.
Amendments
1968--Pub. L. 90-537 substituted Basalt, Middle Park (including
Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the
East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including
Juniper and Great Northern units), and Upper Yampa (including Hayden
Mesa, Wessels, and Toponas units) projects for Parshall, Troublesome,
Rabbit Ear, San Miguel, West Divide, Tomichi Creek, East River, Ohio
Creek, Dallas Creek, Dolores, Fruit Growers Extension, and Animas-La
Plata projects, added Ute Indian unit of the Central Utah Project, San
Juan County (Utah), Price River, Grand County (Utah), Gray Canyon, and
Juniper (Utah) projects, and that portion of the Sublette projects
consisting of a diversion of water from the Green River to the North
Platte River Basin in Wyoming to the list of participating projects, and
inserted proviso that planning report for Ute Indian unit of Central
Utah project be completed on or before December 31, 1974.
1964--Pub. L. 88-568 struck out ``, Fruitland Mesa, Bostwick Park''
and ``, Savery-Pot Hook'' after ``Ohio Creek'' and ``Dallas Creek'',
respectively.
1962--Pub. L. 87-483 struck out ``San Juan-Chama, Navajo'' after
``Gooseberry,'' in first sentence.
Storage of Water at Abiquiu Dam in New Mexico
Pub. L. 100-522, Oct. 24, 1988, 102 Stat. 2604, provided that:
``SECTION 1. WATER STORAGE.
``Notwithstanding any other provision of law, the Secretary of the
Army, acting through the Chief of Engineers, is authorized to store
200,000 acre-feet of Rio Grande system water at Abiquiu Dam, New Mexico,
in lieu of the water storage authorized by section 5 of Public Law 97-
140 [set out below], to the extent that contracting entities under
section 5 of Public Law 97-140 no longer require such storage. The
Secretary is authorized further to acquire lands adjacent to Abiquiu Dam
on which the Secretary holds easements as of the date of enactment of
this Act [Oct. 24, 1988] if such acquisition is necessary to assure
proper recreational access at Abiquiu Dam. The Secretary is further
directed to report to Congress as soon as possible with recommendations
on additional easements that may be required to assure implementation of
this Act.
``SEC. 2. LIMITATION.
``The authorization to store water and to acquire lands under
section 1 is subject to the provisions of the Rio Grande Compact and the
resolutions of the Rio Grande Compact Commission.''
Storage of San Juan-Chama Project Water in Other Reservoirs
Pub. L. 97-140, Sec. 5, Dec. 29, 1981, 95 Stat. 1717, provided that:
``(a) The proviso of section 2 of Public Law 84-485 [this section]
shall not be construed to prohibit the storage of San Juan-Chama project
water acquired by contract with the Secretary of the Interior pursuant
to Public Law 87-483 [section 615ii et seq. of this title] in any
reservoir, including the storage of water for recreation and other
beneficial purposes by any party contracting with the Secretary for
project water.
``(b) The Secretary of the Army, acting through the Chief of
Engineers, is authorized to enter into agreements with entities which
have contracted with the Secretary of the Interior for water from the
San Juan-Chama project pursuant to Public Law 87-483 for storage of a
total of two hundred thousand acre-feet of such water in Abiquiu
Reservoir. The Secretary of the Interior is hereby authorized to release
San Juan-Chama project water to contracting entities for such storage.
The agreements to thus store San Juan-Chama project water shall not
interfere with the authorized purposes of the Abiquiu Dam and Reservoir
project and shall include a requirement that each user of storage space
shall pay any increase in operation and maintenance costs attributable
to the storage of that user's water.
``(c) The Secretary of the Interior is authorized to enter into
agreements with entities which have contracted with the Secretary of the
Interior for water from the San Juan-Chama project pursuant to Public
Law 87-483 for storage of such water in Elephant Butte Reservoir. The
Secretary of the Interior is hereby authorized to release San Juan-Chama
project water to contracting entities for such storage. Any increase in
operation and maintenance costs resulting from such storage not offset
by increased power revenues resulting from that storage shall be paid
proportionately by the entities for which the San Juan-Chama project
water is stored.
``(d) The amount of evaporation loss and spill chargeable to San
Juan-Chama project water stored pursuant to subsections (b) and (c) of
this section shall be accounted as required by the Rio Grande compact
and the procedures established by the Rio Grande Compact Commission.''
Section Referred to in Other Sections
This section is referred to in section 620b of this title.