Chapter 42. To provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes

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Chap. 42: To provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes. 1928-12-21 42 Chapter 45 Stat. 1057 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 70 2 public 1057 Chapter 42.— An Act To provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes.

December 21, 1928.[[H. R. 5773](/us/bill/70/hr/5773).][[Public, No. 642](/us/pl/70/642).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That for the purposeBoulder Canyon Project Act.Colorado River.Purpose declared for constructing dam, etc., in, at Black or Boulder Canyon. of controlling the floods, improving navigation and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior, subject to the terms of the ColoradoSubject to Colorado River compact.

River compact hereinafter mentioned, is hereby authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of notCapacity of reservoir to be created. less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connectingCanal connecting Laguna Dam with Imperial and Coachella Valleys, Calif. the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is hereby authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structuresExpenses reimbursable, as under reclamation law. to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: *Provided, however*,*Proviso*.Water for irrigation, or potable, to the valleys, without charge.

That no charge shall be made for water or for the use, storage, or delivery of water for irrigation or water for potable purposes in the Imperial or Coachella Valleys; also to construct and equip,Plant for electrical energy to be constructed, etc., at dam. operate, and maintain at or near said dam, or cause to be constructed, a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged from said reservoir; and to acquire by proceedings in eminentNecessary property to be acquired. domain, or otherwise, all lands, rights of way, and other property necessary for said purposes.

Sec. 2.

(a)There is hereby established a special fund, to be knownColorado River Dam fund.Created for executing the Act. as the “Colorado River Dam fund” (hereinafter referred to as the “fund”), and to be available, as hereafter provided, only for carrying out the provisions of this Act. All revenues received in carrying out the provisions of this Act shall be paid into and expenditures shall be made out of the fund, under the direction of the Secretary of the Interior.

(b)The Secretary of the Treasury is authorized to advance toAdvances to fund authorized. the fund, from time to time and within the appropriations therefor, such amounts as the Secretary of the Interior deems necessary for carrying out the provisions of this Act, except that the aggregateMaximum of $165,000,000.Sum allocated for flood control. amount of such advances shall not exceed the sum of $165,000,000. Of this amount the sum of $25,000,000 shall be allocated to flood control and shall be repaid to the United States out of 62½ perRepayment from revenues. centum of revenues, if any, in excess of the amount necessary to meet periodical payments during the period of amortization, asDeferred payments. provided in section 4 of this Act. If said sum of $25,000,000 is not repaid in full during the period of amortization, then 62½ per centum of all net revenues shall be applied to payment of the remainder.Interest. Interest at the rate of 4 per centum per annum accruing during the year upon the amounts so advanced and remaining unpaid shall be paid annually out of the fund, except as herein otherwise provided. 1058

(c)Advances available for construction and interest only. Moneys in the fund advanced under subdivision

(b)shall be available only for expenditures for construction and the payment Operation, etc.of interest, during construction, upon the amounts so advanced. No expenditures out of the fund shall be made for operation and maintenance except from appropriations therefor.

(d)Interest to be charged on advances each year. The Secretary of the Treasury shall charge the fund as of June 30 in each year with such amount as may be necessary for the payment of interest on advances made under subdivision

(b)at the Rate.rate of 4 per centum per annum accrued during the year upon the amounts so advanced and remaining unpaid, except that if the fund is insufficient to meet the payment of interest the Secretary of the Treasury may, in his discretion, defer any part of such payment, and the amount so deferred shall bear interest at the rate of 4 per centum per annum until paid.

(e)Amount in excess of construction, etc., requirements, to be certified as repayment and covered into the Treasury. The Secretary of the Interior shall certify to the Secretary of the Treasury, at the close of each fiscal year, the amount of money in the fund in excess of the amount necessary for construction, operation, and maintenance, and payment of interest. Upon receipt of each such certificate the Secretary of the Treasury is authorized and directed to charge the fund with the amount so certified as repayment of the advances made under subdivision (b), which amount shall be covered into the Treasury to the credit of miscellaneous receipts. Sec. 3. Sums not to exceed $165,000,000, authorized to be expended. There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such sums of money as may be necessary to carry out the purposes of this Act, not exceeding in the aggregate $165,000,000. Sec. 4. (a). Act not effective until proclamation made of ratification of Colorado River compact by the seven designated States. This Act shall not take effect and no authority shall be exercised hereunder and no work shall be begun and no moneys expended on or in connection with the works or structures provided for in this Act, and no water rights shall be claimed or initiated hereunder, and no steps shall be taken by the United States or by others to initiate or perfect any claims to the use of water pertinent to such works or structures unless and until

(1)the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming shall have ratified the Colorado River compact, mentioned in *Post*. p. 1064.section 13 hereof, and the President by public proclamation shall have so declared, or

(2)if said States fail to ratify the said compact within Or by six States, including California, waiving ratification by each of the seven States.six months from the date of the passage of this Act then, until six of said States, including the State of California, shall ratify said compact and shall consent to waive the provisions of the first paragraph of Article XI of said compact, which makes the same binding and obligatory only when approved by each of the seven States signatory thereto, and shall have approved said compact without conditions, save that of such six-State approval, and the President by Irrevocable agreement by California required as to apportionment for its use of waters to the lower basin States.public proclamation shall have so declared, and, further, until the State of California, by act of its legislature, shall agree irrevocably and unconditionally with the United States and for the benefit of the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as an express covenant and in consideration of the passage of this Act, that the aggregate annual consumptive use (diversions less returns to the river) of water of and from the Colorado River for use in the State of California, including all uses under contracts made under the provisions of this Act and all water necessary for the supply of any rights which may now exist, shall not exceed four million four hundred thousand acre-feet of the waters apportioned to the lower basin States by paragraph

(a)of Article III of the Colorado River compact, plus not more than one-half of any excess or surplus waters unapportioned by said compact, such uses always to be subject to the terms of said compact. 1059 The States of Arizona, California, and Nevada are authorized toAgreement authorized by Arizona, California, and Nevada. enter into an agreement which shall provide

(1)that of the 7,500,000 acre-feet annually apportioned to the lower basin by paragraph

(a)of Article III of the Colorado River compact, there shall beWater apportioned to Nevada and Arizona. apportioned to the State of Nevada 300,000 acre-feet and to the State of Arizona 2,800,000 acre-feet for exclusive beneficial consumptive use in perpetuity, and

(2)that the State of Arizona mayExcess waters allowed Arizona. annually use one-half of the excess or surplus waters unapportioned by the Colorado River compact, and

(3)that the State of ArizonaConsumptive use of Gila River by Arizona. shall have the exclusive beneficial consumptive use of the Gila River and its tributaries within the boundaries of said State, and

(4)thatNo diminution of Gila River waters by allowance to Mexico. the waters of the Gila River and its tributaries, except return flow after the same enters the Colorado River, shall never be subject to any diminution whatever by any allowance of water which may be made by treaty or otherwise to the United States of Mexico but if, as provided in paragraph

(c)of Article III of the Colorado RiverCalifornia and Arizona to agree to furnish deficiency from main stream of the Colorado. compact, it shall become necessary to supply water to the United States of Mexico from waters over and above the quantities which are surplus as defined by said compact, then the State of California shall and will mutually agree with the State of Arizona to supply, out of the main stream of the Colorado River, one-half of any deficiency which must be supplied to Mexico by the lower basin, and

(5)that the State of California shall and will further mutuallyWater for domestic and agricultural use. agree with the States of Arizona and Nevada that none of said three States shall withhold water and none shall require the delivery of water, which can not reasonably be applied to domestic and agricultural uses, and

(6)that all of the provisions of said tri-StateSubject to Colorado River compact. agreement shall be subject in all particulars to the provisions of the Colorado River compact, and

(7)said agreement to take effect uponEffective on ratification thereof. the ratification of the Colorado River compact by Arizona, California, and Nevada.

(b)Before any money is appropriated for the construction of saidContracts required for revenues to insure payment of expenses of construction, maintenance, etc., before any money be appropriated. dam or power plant, or any construction work done or contracted for, the Secretary of the Interior shall make provision for revenues by contract, in accordance with the provisions of this Act, adequate in his judgment to insure payment of all expenses of operation and maintenance of said works incurred by the United States and the repayment, within fifty years from the date of the completion of said works, of all amounts advanced to the fund under subdivision

(b)of section 2 for such works, together with interest thereon made reimbursable under this Act. Before any money is appropriated for the construction of saidLaguna Dam and Imperial and Coachella Valleys, Calif.Contracts required for revenues to insure expenses of canal to connect. main canal and appurtenant structures to connect the Laguna Dam with the Imperial and Coachella Valleys in California, or any construction work is done upon said canal or contracted for, the Secretary of the Interior shall make provision for revenues, by contract or otherwise, adequate in his judgment to insure payment of all expenses of construction, operation, and maintenance of said main canal and appurtenant structures in the manner provided in the reclamation law. If during the period of amortization the Secretary of the InteriorArizona and Nevada.Payments to, of percentage of excess revenues shall receive revenues in excess of the amount necessary to meet the periodical payments to the United States as provided in the contract, or contracts, executed under this Act, then, immediately after the settlement of such periodical payments, he shall pay to the State of Arizona 18¾ per centum of such excess revenues and to the State of Nevada 18¾ per centum of such excess revenues. 1060 Sec. 5. Operation of reservoir and dam.Water for irrigation and domestic use from canal, electricity from dam, etc., by contract. That the Secretary of the Interior is hereby authorized, under such general regulations as he may prescribe, to contract for the storage of water in said reservoir and for the delivery thereof at such points on the river and on said canal as may be agreed upon, for irrigation and domestic uses, and generation of electrical energy and delivery at the switchboard to States, municipal corporations, political subdivisions, and private corporations of electrical energy Charges to cover expenses.generated at said dam, upon charges that will provide revenue which, in addition to other revenue accruing under the reclamation law and under this Act, will in his judgment cover all expenses of operation and maintenance incurred by the United States on account of works constructed under this Act and the payments to the United Irrigation and domestic permanent service.States under subdivision

(b)of section 4. Contracts respecting water for irrigation and domestic uses shall be for permanent service *Ante*, p. 1058.and shall conform to paragraph

(a)of section 4 of this Act. Contracts required.No person shall have or be entitled to have the use for any purpose of the water stored as aforesaid except by contract made as herein stated. After repaying all money advanced, revenues to be expended in Colorado River Basin.After the repayments to the United States of all money advanced with interest, charges shall be on such basis and the revenues derived therefrom shall be kept in a separate fund to be expended within the Colorado River Basin as may hereafter be prescribed by the Congress. Contracts for electrical energy.General and uniform regulations shall be prescribed by the said Secretary for the awarding of contracts for the sale and delivery of electrical energy, and for renewals under subdivision

(b)of this section, and in making such contracts the following shall govern: Time limit.(a) No contract for electrical energy or for generation of electrical energy shall be of longer duration than fifty years from the date at which such energy is ready for delivery. Readjustments.Contracts made pursuant to subdivision

(a)of this section shall be made with a view to obtaining reasonable returns and shall contain provisions whereby at the end of fifteen years from the date of their execution and every ten years thereafter, there shall be readjustment of the contract, upon the demand of either party thereto, either upward or downward as to price, as the Secretary of the Interior may find to be justified by competitive conditions at distributing points or competitive centers, and with provisions under which disputes or disagreements as to interpretation or performance of such contract shall be determined either by arbitration or court proceedings, the Secretary of the Interior being authorized to act for the United States in such readjustments or proceedings. Renewals.(b) The holder of any contract for electrical energy not in default thereunder shall be entitled to a renewal thereof upon such terms and conditions as may be authorized or required under the then existing laws and regulations, unless the property of such holder dependent for its usefulness on a continuation of the contract be purchased or acquired and such holder be compensated for damages to its property, used and useful in the transmission and distribution of such electrical energy and not taken, resulting from the termination of the supply. Contracts for use of water, etc., for hydroelectric energy to be made upon application,(c) Contracts for the use of water and necessary privileges for the generation and distribution of hydroelectric energy or for the sale and delivery of electrical energy shall be made with responsible applicants therefor who will pay the price fixed by the said Secretary with a view to meeting the revenue requirements herein provided for. Determination of conflicting applications.In case of conflicting applications, if any, such conflicts shall be resolved by the said Secretary, after hearing, with due regard to the public interest, and in conformity with the policy expressed in the Federal Water Power Act as to conflicting applications for permits Preference to States for use in the State.and licenses, except that preference to applicants for the use of water and appurtenant works and privileges necessary for the generation1061and distribution of hydroelectric energy, or for delivery at the switchboard of a hydroelectric plant, shall be given, first, to a State for the generation or purchase of electric energy for use in the State, and the States of Arizona, California, and Nevada shall be given equal opportunity as such applicants. The rights covered by such preference shall be contracted for byTerms of preference rights. such State within six months after notice by the Secretary of the Interior and to be paid for on the same terms and conditions as may be provided in other similar contracts made by said Secretary: *Provided,*Proviso*.State applications, where no bond issue authorized, not denied until time given for having issue authorized, etc. however*, That no application of a State or a political subdivision for an allocation of water for power purposes or of electrical energy shall be denied or another application in conflict therewith be granted on the ground that the bond issue of such State or political subdivision, necessary to enable the applicant to utilize such water and appurtenant works and privileges necessary for the generation and distribution of hydroelectric energy or the electrical energy applied for, has not been authorized or marketed, until after a reasonable time, to be determined by the said Secretary, has been given to such applicant to have such bond issue authorized and marketed.

(d)Any agency receiving a contract for electrical energy equivalentAgency receiving contract for 100,000 horsepower electrical energy to permit use of transmission lines to other agency with less power contracts. to one hundred thousand firm horsepower, or more, may, when deemed feasible by the said Secretary, from engineering and economic considerations and under general regulations prescribed by him, be required to permit any other agency having contracts hereunder for less than the equivalent of twenty-five thousand firm horsepower, upon application to the Secretary of the Interior made within sixty days from the execution of the contract of the agency the use of whose transmission line is applied for, to participate in the benefits and use of any main transmission line constructed or to be constructed by the former for carrying such energy (not exceeding, however,Limitation, etc. one-fourth the capacity of such line), upon payment by such other agencies of a reasonable share of the cost of construction, operation, and maintenance thereof. The use is hereby authorized of such public and reserved lands ofPublic lands allowed for transmission lines. the United States as may be necessary or convenient for the construction, operation, and maintenance of main transmission lines to transmit said electrical energy. Sec. 6. That the dam and reservoir provided for by section 1Use of dam and reservoir defined.*Ante*, p. 1057. hereof shall be used: First, for river regulation, improvement of navigation, and flood control; second, for irrigation and domestic uses and satisfaction of present perfected rights in pursuance of Article VIII of said Colorado River compact; and third, for power. The title to said dam, reservoir, plant, and incidental works shallTitle, etc., forever in United States. forever remain in the United States, and the United States shall, until otherwise provided by Congress, control, manage, and operate the same, except as herein otherwise provided: *Provided, however*,*Proviso*.Leases of units of Government plant for electrical energy. That the Secretary of the Interior may, in his discretion, enter into contracts of lease of a unit or units of any Government-built plant, with right to generate electrical energy, or, alternatively, to enter into contracts of lease for the use of water for the generation of electrical energy as herein provided, in either of which events the provisions of section 5 of this Act relating to revenue, term, renewals, determination of conflicting applications, and joint use of transmission lines under contracts for the sale of electrical energy, shall apply. The Secretary of the Interior shall prescribe and enforce rulesRules, etc., for maintenance, etc., to be prescribed. and regulations conforming with the requirements of the Federal Water Power Act, so far as applicable, respecting maintenance of works in condition of repair adequate for their efficient operation,1062Control of rates, etc.maintenance of a system of accounting, control of rates and service in the absence of State regulation or interstate agreement, valuation for rate-making purposes, transfers of contracts, contracts extending beyond the lease period, expropriation of excessive profits, recapture and/or emergency use by the United States of property of lessees, and penalties for enforcing regulations made under this Act or penalizing failure to comply with such regulations or with the Federal Power Commission rules, etc., applicable.provisions of this Act. He shall also conform with other provisions of the Federal Water Power Act and of the rules and regulations of the Federal Power Commission, which have been devised or which may be hereafter devised, for the protection of the investor and consumer. No permits under Water Power Act affecting Colorado River, etc., in States of Colorado River compact, to be issued until the Act becomes effective.*Ante*, p. 1658.The Federal Power Commission is hereby directed not to issue or approve any permits or licenses under said Federal Water Power Act upon or affecting the Colorado River or any of its tributaries, except the Gila River, in the States of Colorado, Wyoming, Utah, New Mexico, Nevada, Arizona, and California until this Act shall become effective as provided in section 4 herein. Sec. 7. Title to canal, etc., after repayment of all Government advances, etc., may be transferred to districts having capital invested therein. That the Secretary of the Interior may, in his discretion, when repayments to the United States of all money advanced, with interest, reimbursable hereunder, shall have been made, transfer the title to said canal and appurtenant structures, except the Laguna Dam and the main canal and appurtenant structures down to and including Syphon Drop, to the districts or other agencies of the United States having a beneficial interest therein in proportion to their respective capital investments under such form of organization Utilization of power possibilities by the districts.as may be acceptable to him. The said districts or other agencies shall have the privilege at any time of utilizing by contract or otherwise such power possibilities as may exist upon said canal, in proportion to their respective contributions or obligations toward the capital cost of said canal and appurtenant structures from and including the diversion works to the point where each respective power plant may be located. The net proceeds from any power development on Power proceeds payable into the fund, etc.said canal shall be paid into the fund and credited to said districts or other agencies on their said contracts, in proportion to their rights to develop power, until the districts or other agencies using said canal shall have paid thereby and under any contract or otherwise an amount of money equivalent to the operation and maintenance expense and cost of construction thereof. Sec. 8. Colorado River compact to control all users of water, etc.

(a)The United States, its permittees, licensees, and contractees, and all users and appropriators of water stored, diverted, carried, and/or distributed by the reservoir, canals, and other works herein authorized, shall observe and be subject to and controlled by said Colorado River compact in the construction, management, and operation of said reservoir, canals, and other works and the storage, diversion, delivery, and use of water for the generation of power, irrigation, and other purposes, anything in this Act to the contrary notwithstanding, and all permits, licenses, and contracts shall so provide.

(b)Use of water, subject to compact between Arizona, California, and Nevada, as to water accruing to the States subsidiary to Colorado River compact. Also the United States, in constructing, managing, and operating the dam, reservoir, canals, and other works herein authorized, including the appropriation, delivery, and use of water for the generation of power, irrigation, or other uses, and all users of water thus delivered and all users and appropriators of waters stored by said reservoir and/or carried by said canal, including all permittees and licensees of the United States or any of its agencies, shall observe and be subject to and controlled, anything to the contrary herein notwithstanding, by the terms of such compact, if any, between the States of Arizona, California, and Nevada, or any two thereof, for the equitable division of the benefits, including power, arising from1063the use of water accruing to said States, subsidiary to and consistent with said Colorado River compact, which may be negotiated and approved by said States and to which Congress shall give its consent and approval on or before January 1, 1929; and the terms of any such compact concluded between said States and approved and consented to by Congress after said date: *Provided*, That in the*Proviso*.Subsequent action. latter case such compact shall be subject to all contracts, if any, made by the Secretary of the Interior under section 5 hereof prior to the*Ante*, p. 1060. date of such approval and consent by Congress. Sec. 9. That all lands of the United States found by the SecretaryIrrigable lands withdrawn from public entry. of the Interior to be practicable of irrigation and reclamation by the irrigation works authorized herein shall be withdrawn from public entry. Thereafter, at the direction of the Secretary of the Interior,To be opened under reclamation law. such lands shall be opened for entry, in tracts varying in size but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclamation law, and any such entryman shall pay an equitable share in accordance with the benefits received, as determined by the said Secretary, of the construction cost of said canal and appurtenant structures; said payments to be made in such installments and atPayments. such times as may be specified by the Secretary of the Interior, in accordance with the provisions of the said reclamation law, and shall constitute revenue from said project and be covered into the fundRevenue covered into the fund.*Provisos*.Preference for three months to persons serving in World War, etc. herein provided for: *Provided*, That all persons who have served in the United States Army, Navy, or Marine Corps during the war with Germany, the war with Spain, or in the suppression of the insurrection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Navy Reserve, shall have the exclusive preference right for a period of three months to enter said lands, subject, however, to the provisions of subsection

(c)of section 4, Act of December 5, 1924 (Forty-thirdVol. 43, p. 702. Statutes at Large, page 702); and also, so far as practicable, preference shall be given to said persons in all construction work authorized by this Act: *Provided further*, That in the event such an entry shallAction if entry be relinquished. be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relinquished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquishment in the local land office, and after the expiration of said sixty-day period such lands shall be open to entry, subject to the preference in this section provided. Sec. 10. That nothing in this Act shall be construed as modifyingImperial Irrigation District.Contract with, for connection with Laguna Dam not modified hereby. in any manner the existing contract, dated October 23, 1918, between the United States and the Imperial Irrigation District, providing for a connection with Laguna Dam; but the Secretary of the Interior is authorized to enter into contract or contracts with the said district or other districts, persons, or agencies for the construction, in accordance with this Act, of said canal and appurtenant structures, and also for the operation and maintenance thereof, with the consent ofUse of canal, etc. the other users. Sec. 11. That the Secretary of the Interior is hereby authorizedArizona.Study, etc., of lands in Parker-Gila Valley reclamation project in, to be made. to make such studies, surveys, investigations, and do such engineering as may be necessary to determine the lands in the State of Arizona that should be embraced within the boundaries of a reclamation project, heretofore commonly known and hereafter to be known as the Parker-Gila Valley reclamation project, and to recommend the most practicable and feasible method of irrigating lands within said project, or units thereof, and the cost of the same; and the appropriation of such sums of money as may be necessary for the aforesaid purposes from time to time is hereby authorized. The SecretaryReport of findings to Congress. shall report to Congress as soon as practicable, and not later than1064December 10, 1931, his findings, conclusions, and recommendations regarding such project. Sec. 12. Definitions.“Political subdivision.” “Political subdivision” or “political subdivisions” as used in this Act shall be understood to include any State, irrigation or other district, municipality, or other governmental organization. “Reclamation law.”Vol. 32, p. 388.“Reclamation law” as used in this Act shall be understood to mean that certain Act of the Congress of the United States approved June 17, 1902, entitled “An Act appropriating the receipts from the sale and disposal of public land in certain States and Territories to the construction of irrigation works for the reclamation of arid lands,” and the Acts amendatory thereof and supplemental thereto. “Maintenance.”“Maintenance” as used herein shall be deemed to include in each instance provision for keeping the works in good operating condition. “Federal Water Power Act.”Vol. 41, p. 1063.“The Federal Water Power Act,” as used in this Act, shall be understood to mean that certain Act of Congress of the United States approved June 10, 1920, entitled “An Act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes,” and the Acts amendatory thereof and supplemental thereto. “Domestic.”“Domestic” whenever employed in this Act shall include water uses defined as “domestic” in said Colorado River compact. Sec. 13. Colorado River compact.Authority for.Vol. 42, p. 171.Approval of, by Congress.

(a)The Colorado River compact signed at Santa Fe, New Mexico, November 24, 1922, pursuant to Act of Congress approved August 19, 1921, entitled “An Act to permit a compact or agreement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming respecting the disposition and apportionment of the waters of the Colorado River, and for other purposes,” is hereby approved by the Congress of the United Waiver of approval by each of signatory States.States, and the provisions of the first paragraph of article 11 of the said Colorado River compact, making said compact binding and obligatory when it shall have been approved by the legislature of Acceptance of approval by California and five other States.each of the signatory States, are hereby waived, and this approval shall become effective when the State of California and at least five of the other States mentioned, shall have approved or may hereafter approve said compact as aforesaid and shall consent to such waiver, as herein provided. All rights as to Colorado River waters, subject to the compact.(b) The rights of the United States in or to waters of the Colorado River and its tributaries howsoever claimed or acquired, as well as the rights of those claiming under the United States, shall be subject to and controlled by said Colorado River compact. All patents, etc., for use of waters of Colorado River and tributaries subject to Colorado River compact.(c) Also all patents, grants, contracts, concessions, leases, permits, licenses, rights of way, or other privileges from the United States or under its authority, necessary or convenient for the use of waters of the Colorado River or its tributaries, or for the generation or transmission of electrical energy generated by means of the waters of said river or its tributaries, whether under this Act, the Federal Water Power Act, or otherwise, shall be upon the express condition and with the express covenant that the rights of the recipients or holders thereof to waters of the river or its tributaries, for the use of which the same are necessary, convenient, or incidental, and the use of the same shall likewise be subject to and controlled by said Colorado River compact. Conditions to run with the land and rights attach as a matter of law to patents, etc.(d) The conditions and covenants referred to herein shall be deemed to run with the land and the right, interest, or privilege therein and water right, and shall attach as a matter of law, whether set out or referred to in the instrument evidencing any such patent, grant, contract, concession, lease, permit, license, right of way, or1065other privilege from the United States or under its authority, or not,Available for benefit of seven designated States, etc. and shall be deemed to be for the benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and the users of water therein or thereunder, by way of suit, defense, or otherwise, in any litigation respecting the waters of the Colorado River or its tributaries. Sec. 14. This Act shall be deemed a supplement to the reclamationAct deemed supplemental to reclamation law. law, which said reclamation law shall govern the construction, operation, and management of the works herein authorized, except as otherwise herein provided. Sec. 15. The Secretary of the Interior is authorized and directedInvestigation, etc., directed as to feasibility of projects in designated States for comprehensive scheme for utilization of water of Colorado River, etc. to make investigation and public reports of the feasibility of projects for irrigation, generation of electric power, and other purposes in the States of Arizona, Nevada, Colorado, New Mexico, Utah, and Wyoming for the purpose of making such information available to said States and to the Congress, and of formulating a comprehensive scheme of control and the improvement and utilization of the water of the Colorado River and its tributaries. The sum ofSum authorized from fund.*Ante*, p. 1057. $250,000 is hereby authorized to be appropriated from said Colorado River Dam fund, created by section 2 of this Act, for such purposes. Sec. 16. In furtherance of any comprehensive plan formulatedCommission from ratifying State to act in advisory capacity, in cooperation with Secretary of the Interior. hereafter for the control, improvement, and utilization of the resources of the Colorado River system and to the end that the project authorized by this Act may constitute and be administered as a unit in such control, improvement, and utilization, any commission or commissioner duly authorized under the laws of any ratifying State in that behalf shall have the right to act in an advisory capacity to and in cooperation with the Secretary of the Interior in the exercise of any authority under the provisions of sections 4, 5, and 14 of this Act, and shall have at all times access to records of all Federal agencies empowered to act under said sections, and shall be entitled to have copies of said records on request. Sec. 17. Claims of the United States arising out of any contractPriority of Government claims. authorized by this Act shall have priority over all others, secured or unsecured. Sec. 18. Nothing herein shall be construed as interfering withRights of States as to waters therein, not interfered with, except as modified by the compact, etc. such rights as the States now have either to the waters within their borders or to adopt such policies and enact such laws as they may deem necessary with respect to the appropriation, control, and use of waters within their borders, except as modified by the Colorado River compact or other interstate agreement. Sec. 19. That the consent of Congress is hereby given to the StatesSupplemental compacts by the designated States consented to. of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming to negotiate and enter into compacts or agreements, supplemental to and in conformity with the Colorado River compact and consistent with this Act for a comprehensive plan for the development of the Colorado River and providing for the storage, diversion, and use of the waters of said river. Any such compactGeneral provisions for dams, etc. or agreement may provide for the construction of dams, headworks, and other diversion works or structures for flood control, reclamation, improvement of navigation, division of water, or other purposes and/or the construction of power houses or other structures for the purpose of the development of water power and the financing of the same; and for such purposes may authorize the creation of interstate commissions and/or the creation of corporations, authorities, or other instrumentalities.

(a)Such consent is given upon condition that a representative ofFederal representative to participate in negotiations. the United States, to be appointed by the President, shall participate in the negotiations and shall make report to Congress of the proceedings and of any compact or agreement entered into. 1066 Approval by each State and Congress required.(b) No such compact or agreement shall be binding or obligatory upon any of such States unless and until it has been approved by the legislature of each of such States and by the Congress of the United States. Sec. 20. Rights of Mexico not construed. Nothing in this Act shall be construed as a denial or recognition of any rights, if any, in Mexico to the use of the waters of the Colorado River system. Sec. 21. Title of Act. That the short title of this Act shall be “Boulder Canyon Project Act.” Approved, December 21, 1928.

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To provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes
Chapter 42

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Chapter 42

To provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes

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