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43 U.S.C. § 1572Canal or canal lining

submitted 52 years ago by Pub. L. 93-320 to r/title-43-PUBLIC-LANDS · 663 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may build or line part of the Coachella Canal to conserve water for interim salinity control, with repayment over 40 years and specified treatment of private land and canal capacity. The section also transfers land to the Cocopah Tribe and requires three bridges across the bypass drain.

(a) Construction. To help meet Minute 242 salinity objectives during an interim period, the Secretary may build a new concrete-lined canal or line the unlined Coachella Canal portion from station 2 plus 26 to the start of siphon 7, about 49 miles. During the interim period, the United States may use water equal to the amount conserved. The period begins when construction or lining is finished and ends in the first year the Secretary delivers less main-stream Colorado River water to California than the total requested by California agencies under section 617d and Federal establishments for rights recognized in Arizona v. California, 376 U.S. 340. (b) Repayment. Construction charges are repaid without interest in equal yearly installments over 40 years beginning the year after completion. Repayment is prorated between the United States and the Coachella Valley County Water District, and the Secretary may contract with the district for that division. Installments are nonreimbursable during the interim period; afterward the district pays the installments or portions specified. (c) Private land. The Secretary may buy, condemn, or exchange private land or interests within the Imperial Irrigation District’s Imperial East Mesa that receive, or have rights to receive, water from that district’s Coachella Canal capacity. Acquisition costs are nonreimbursable, and the Secretary must return the land to the public domain. The United States does not acquire water rights through this acquisition. (d) Imperial Irrigation District credit. The Secretary may credit that district against final payments on outstanding construction charges for capacity relinquished because of canal lining. Relinquished capacity does not change the established allocation of main All-American Canal operation and maintenance costs among existing contractors. (e) Cocopah lands and bridges. The Secretary must transfer to the Cocopah Tribe of Indians, subject to rights-of-way for existing levees and to be held in United States trust, the specified lands: Township 9 south, range 25 west, Gila and Salt River meridian, Arizona; section 25 lots 18–23; section 26 lots 1 and 12–15; section 27 lot 3; and all accretions. The Secretary must build three bridges over the bypass-drain part crossing the reservation, one able to carry heavy vehicles. The land transfer and bridges fully pay the Tribe for rights-of-way needed for the bypass drain and electrical transmission lines authorized by this subchapter.
the actual law source: uscode.house.gov ↗public domain
(a) Authorization of construction

To assist in meeting salinity control objectives of Minute No. 242 during an interim period, the Secretary is authorized to construct a new concrete-lined canal or, to line the presently unlined portion of the Coachella Canal of the Boulder Canyon project, California, from station 2 plus 26 to the beginning of siphon numbered 7, a length of approximately forty-nine miles. The United States shall be entitled to temporary use of a quantity of water, for the purpose of meeting the salinity control objectives of Minute No. 242, during an interim period, equal to the quantity of water conserved by constructing or lining the said canal. The interim period shall commence on completion of construction or lining said canal and shall end the first year that the Secretary delivers main stream Colorado River water to California in an amount less than the sum of the quantities requested by (1) the California agencies under contracts made pursuant to section 617d of this title, and (2) Federal establishments to meet their water rights acquired in California in accordance with the Supreme Court decree in Arizona against California (376 U.S. 340).

(b) Repayment

The charges for total construction shall be repayable without interest in equal annual installments over a period of forty years beginning in the year following completion of construction: Provided, That, repayment shall be prorated between the United States and the Coachella Valley County Water District, and the Secretary is authorized to enter into a repayment contract with Coachella Valley County Water District for that purpose. Such contract shall provide that annual repayment installments shall be nonreimbursable during the interim period, defined in subsection (a) and shall provide that after the interim period, said annual repayment installments or portions thereof, shall be paid by Coachella Valley County Water District.

(c) Acquisition of private lands

The Secretary is authorized to acquire by purchase, eminent domain, or exchange private lands or interests therein, as may be determined by him to be appropriate, within the Imperial Irrigation District on the Imperial East Mesa which receive, or which have been granted rights to receive, water from Imperial Irrigation District’s capacity in the Coachella Canal. Costs of such acquisitions shall be nonreimbursable and the Secretary shall return such lands to the public domain. The United States shall not acquire any water rights by reason of this land acquisition.

(d) Credit to Imperial Irrigation District against final payments for relinquished capacity in Coachella Canal

The Secretary is authorized to credit Imperial Irrigation District against its final payments for certain outstanding construction charges payable to the United States on account of capacity to be relinquished in the Coachella Canal as a result of the canal lining program, all as determined by the Secretary: Provided, That, relinquishment of capacity shall not affect the established basis for allocating operation and maintenance costs of the main All-American Canal to existing contractors.

(e) Transfer of lands to Cocopah Tribe of Indians

The Secretary is authorized and directed to cede the following land to the Cocopah Tribe of Indians, subject to rights-of-way for existing levees, to be held in trust by the United States for the Cocopah Tribe of Indians:

Township 9 south, range 25 west of the Gila and Salt River meridian, Arizona;

Section 25: Lots 18, 19, 20, 21, 22, and 23;

Section 26: Lots 1, 12, 13, 14, and 15;

Section 27: Lot 3; and all accretion to the above described lands.

The Secretary is authorized and directed to construct three bridges, one of which shall be capable of accommodating heavy vehicular traffic, over the portion of the bypass drain which crosses the reservation of the Cocopah Tribe of Indians. The transfer of lands to the Cocopah Indian Reservation and the construction of bridges across the bypass drain shall constitute full and complete payment to said tribe for the rights-of-way required for construction of the bypass drain and electrical transmission lines for works authorized by this subchapter.

Source credit: (Pub. L. 93–320, title I, § 102, June 24, 1974, 88 Stat. 268.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 93-320 · 88 Stat. 268

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-320 on 1974-06-24.

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