§ 620c. — Laws governing; irrigation repayment contracts; time for making contract; contracts for municipal water; payment by Indian lands; restricted delivery of water for excess commodity; apportionments of use.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC620c]
TITLE 43--PUBLIC LANDS
CHAPTER 12B--COLORADO RIVER STORAGE PROJECT
Sec. 620c. Laws governing; irrigation repayment contracts; time
for making contract; contracts for municipal water; payment by
Indian lands; restricted delivery of water for excess commodity;
apportionments of use
Except as otherwise provided in this chapter, in constructing,
operating, and maintaining the units of the Colorado River storage
project and the participating projects listed in section 620 of this
title, the Secretary shall be governed by the Federal reclamation laws
(Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or
supplementary thereto): Provided, That (a) irrigation repayment
contracts shall be entered into which, except as otherwise provided for
the Paonia and Eden projects, provide for repayment of the obligation
assumed thereunder with respect to any project contract unit over a
period of not more than fifty years exclusive of any development period
authorized by law; (b) prior to construction of irrigation distribution
facilities, repayment contracts shall be made with an ``organization''
as defined in section 485a(g) of this title which has the capacity to
levy assessments upon all taxable real property located within its
boundaries to assist in making repayments, except where a substantial
proportion of the lands to be served are owned by the United States; (c)
contracts relating to municipal water supply may be made without regard
to the limitations of the last sentence of section 485h(c) of this
title; and (d), as to Indian lands within, under or served by any
participating project, payment of construction costs within the
capability of the land to repay shall be subject to section 386a of
title 25: Provided further, That for a period of ten years from April
11, 1956, no water from any participating project authorized by this
chapter shall be delivered to any water user for the production on newly
irrigated lands of any basic agricultural commodity, as defined in the
Agricultural Act of 1949 [7 U.S.C. 1421 et seq.], or any amendment
thereof, if the total supply of such commodity for the marketing year in
which the bulk of the crop would normally be marketed is in excess of
the normal supply as defined in section 1301(b)(10) of title 7 unless
the Secretary of Agriculture calls for an increase in production of such
commodity in the interest of national security. All units and
participating projects shall be subject to the apportionments of the use
of water between the Upper and Lower Basins of the Colorado River and
among the States of the Upper Basin fixed in the Colorado River Compact
and the Upper Colorado River Basin Compact, respectively, and to the
terms of the treaty with the United Mexican States (Treaty Series 994).
(Apr. 11, 1956, ch. 203, Sec. 4, 70 Stat. 107.)
References in Text
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which 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 Agricultural Act of 1949, referred to in text, is act Oct. 31,
1949, ch. 792, 63 Stat. 1051, as amended, which is classified
principally to chapter 35A (Sec. 1421 et seq.) of Title 7, Agriculture.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of Title 7 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 620a-1, 620d of this title.