43 U.S.C. § 1551 — Construction of Colorado River Basin Act
submitted 58 years ago by Pub. L. 90-537 to r/title-43-PUBLIC-LANDS · 455 words · no verdicts yet
This chapter does not change specified Colorado River compacts, treaties, court decrees, or project laws. It requires reports and conditions water-delivery contracts on Compact availability, and directs Federal compliance.
(a) Nothing in this chapter alters, amends, repeals, modifies, or conflicts with the Colorado River Compact, Upper Colorado River Basin Compact, 1944 Water Treaty with Mexico, the Supreme Court’s Arizona v. California decree, or—unless this chapter says otherwise—the Boulder Canyon Project Act, Boulder Canyon Project Adjustment Act, or Colorado River Storage Project Act. (b) The Secretary must: (1) after each successive five-year period beginning October 1, 1970, report annual consumptive uses and losses from the Colorado River system, with State-by-State beneficial-use details and figures for major tributaries, after consulting lower-basin States individually and the Upper Colorado River Commission, and send the reports to the President, Congress, and each Compact signatory Governor; and (2) make every water-delivery contract for water originating in the system’s drainage basin depend on water being available under the Colorado River Compact. (c) Federal officers and agencies must follow this chapter and the listed laws, treaty, compacts, and decree when storing or releasing reservoir water, operating and maintaining facilities under the Secretary, and operating later works that augment the supply. If an officer or agency fails to comply, an affected State may sue in the Supreme Court to enforce this section, and the United States may be joined as a party.
Nothing in this chapter shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California and others (376 U.S. 340), or, except as otherwise provided herein, the Boulder Canyon Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], the Boulder Canyon Project Adjustment Act (54 Stat. 774), [43 U.S.C. 618 et seq.], or the Colorado River Storage Project Act (70 Stat. 105) [43 U.S.C. 620 et seq.].
The Secretary is directed to—
make reports as to the annual consumptive uses and losses of water from the Colorado River system after each successive five-year period, beginning with the five-year period starting on October 1, 1970. Such reports shall include a detailed breakdown of the beneficial consumptive use of water on a State-by-State basis. Specific figures on quantities consumptively used from the major tributary streams flowing into the Colorado River shall also be included on a State-by-State basis. Such reports shall be prepared in consultation with the States of the lower basin individually and with the Upper Colorado River Commission, and shall be transmitted to the President, the Congress, and to the Governors of each State signatory to the Colorado River Compact; and
condition all contracts for the delivery of water originating in the drainage basin of the Colorado River system upon the availability of water under the Colorado River Compact.
All Federal officers and agencies are directed to comply with the applicable provisions of this chapter, and of the laws, treaty, compacts, and decree referred to in subsection (a) of this section, in the storage and release of water from all reservoirs and in the operation and maintenance of all facilities in the Colorado River system under the jurisdiction and supervision of the Secretary, and in the operation and maintenance of all works which may be authorized hereafter for the augmentation of the water supply of the Colorado River system. In the event of failure of any such officer or agency to so comply, any affected State may maintain an action to enforce the provisions of this section in the Supreme Court of the United States and consent is given to the joinder of the United States as a party in such suit or suits, as a defendant or otherwise.
Source credit: (Pub. L. 90–537, title VI, § 601, Sept. 30, 1968, 82 Stat. 899.)
- 1968Enacted · Pub. L. 90-537 · 82 Stat. 899
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-537 on 1968-09-30.
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