Colorado River Basin Project Act

Colorado River Basin Project Act Pub. L. 90-537.pdf

Lower Colorado River Well Inventory

Colorado River Basin Project Act

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APPENDIX XII

XII-9
1202

Public Law 90-537
90th Congress, S. 1004
September 30, 1968

An Act

To authorize the construction, operation, and maintenance of the Colorado
River Basin project, and for other purposes.
Be it enacted by the Senate and House
United States of America in Congress assembled,

of

Representative

TITLE 1 – COLORADO RIVER BASIN PROJECT;
OBJECTIVES
SEC . 101. That this Act may be cited as the “Colorado River Basin
Project Act”.
SEC . 102 (a) It is the object of this Act to provide a program for
the further comprehensive development of the water resources of the
Colorado River Basin and for the provision of additional and adequate
water supplies for use in the upper as well as in the lower Colorado
River Basin. This program is declared to be for the purposes, among
others, of regulating the flow of the Colorado River; controlling
floods; improving navigation; providing for the storage and delivery
of the waters of the Colorado River for reclamation of lands, including
supplemental water supplies, and for municipal, industrial, and other
beneficial purposes; improving water quality; providing for basic public outdoor recreation facilities; improving conditions for fish and
wildlife, and for the generation and sale of electrical power as an incident
of the foregoing purposes.
(b) It is the policy of the Congress that the Secretary of the Interior
(hereinafter referred to as the “Secretary”) shall continue to develop,
after consultation with affected States and appropriate Federal
agencies, a regional water plan, consistent with the provisions of this
Act and with future authorizations, to serve as the framework under
which projects in the Colorado River Basin may be coordinated and
constructed with proper timing to the end that an adequate supply of
water may be made available for such projects, whether heretofore,
herein, or hereafter authorized.

Colorado River
Basin Project
Act.
82 STAT. 885
82 STAT. 886

TITLE II – INVESTIGATIONS AND PLANNING
SEC . 201. Pursuant to the authority set out in the Reclamation Act
of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto, and the provisions of the Water Resources Planning
Act of July 22, 1965, 79 Stat. 244, as amended, with respect to the
coordination of studies, investigations and assessments, the Secretary
of the Interior shall conduct full and complete reconnaissance investigations for the purpose of developing a general plan to meet the
future water needs of the Western United States. Such investigations
shall include the long-range water supply available and the long-range
water requirements in each water resources region of the Western
United States. Progress reports in connection with these investigations shall be submitted to the President, the National Water Commission (while it is in existence), the Water Resources Council, and to
the Congress every two years. The first of such reports shall be submitted on or before June 30, 1971, and a final reconnaissance report
shall be submitted not later than June 30, 1977; Provided, That for a
period of ten years from the date of this Act, the Secretary shall not
undertake reconnaissance studies of any plan for the importation of
water into the Colorado River Basin from any other natural river
drainage basin lying outside the States of Arizona, California, Colo-

20-174 (427) O - 65

of

43 USC 371.
42 USC 1962
note.

Reports.

the

XII-10

UPDATING THE HOOVER DAM DOCUMENTS

Pub. Law 90-537
82 STAT. 886
82 STAT. 887

63 Stat. 31.

-2-

September 30, 1968

rado, New Mexico, and those portions of Nevada, Utah, and Wyoming
which are in the natural drainage basin of the Colorado River
SEC . 202. The Congress declares that the satisfaction of the requirements of the Mexican Water Treaty from the Colorado River constitutes a national obligation which shall be the first obligation of any
water augmentation project planned pursuant to section 201 of this
Act, and authorized by the Congress. Accordingly, the States of the
Upper Division (Colorado, New Mexico, Utah, and Wyoming) and
the States of the Lower Division (Arizona, California, and Nevada)
shall be relieved from all obligations which may have been imposed
upon them by article III(c) of the Colorado River Compact so long
as the Secretary shall determine and proclaim that means are available and in operation which augment the water supply of the Colorado
River system in such quantity as to satisfy the requirements of the
Mexican Water Treaty together with any losses of water associated
with the performance of that treaty; Provided, That the satisfaction
of the requirements of the Mexican Water Treaty (Treaty Series 994,
50 Stat. 1219), shall be from the waters of the Colorado River pursuant to the treaties, laws, and compacts presently relating thereto, until
such time as a feasible plan showing the most economical means of
augmenting the water supply available in the Colorado River below
Lee Ferry by two and one-half million acre-feet shall be authorized by
the Congress and is in operation as provided in this Act.
SEC . 203 (a) In the event that the Secretary shall, pursuant to section 201, plan works to import water into the Colorado River system
from sources outside the natural drainage areas of the system, he shall make
provision for adequate and equitable protection of the interests
of the States and areas of origin, including assistance from funds specified in this Act, to the end that water supplies may be available for use
in such States and areas of origin adequate to satisfy their ultimate requirements at prices to users not adversely affected by the exportation
of water to the Colorado River system.
(b) All requirements, present or future, for water within any State
lying wholly or in part within the drainage area of any river basin
from which water is exported by works planned pursuant to this Act
shall have a priority of right in perpetuity to use of the waters
of that river basin, for all purposes, as against the uses of the water
delivered by means of such exportation works unless otherwise provided by interstate agreement.
SEC . 204. There are hereby authorized to be appropriated such sums
as required to carry out the purpose of this title.

TITLE III–AUTHORIZED UNITS: PROTECTION OF
EXISTING USES
SEC ., 301 (a) For the purposes of furnishing irrigation water and
municipal water supplies to the water-deficient areas of Arizona and
western New Mexico through direct diversion or exchange of water,
control of floods, conservation and development of fish and wildlife
resources, enhancement of recreation opportunities, and for other purposes, the Secretary shall construct, operate, and maintain the Central
Arizona Project, consisting of the following principal works: (1) a
system of main conduits and canals, including a main canal and pumping plants (Granite Reef aqueduct and pumping plants), for diverting
and carrying water from Lake Havasu to Orme Dam or suitable alternative which system may have a capacity of 3,000 cubic feet per second
or whatever lesser capacity is found to be feasible: Provided, That any
capacity in the Granite Reef aqueduct in excess of 2,500 cubic feet per
second shall be utilized for the conveyance of Colorado River water
only when Lake Powell is full or releases of water are made from Lake

APPENDIX XII
September 30, 1968

-3-

Pub. Law 90-537

Powell to prevent the reservoir from exceeding elevation 3,700 feet
above mean sea level or when releases are made pursuant to the proviso
in section 602 (a) (3) of this Act: Provided further, That the costs of
providing any capacity in excess of 2,500 cubic feet per second shall be repaid
by those funds available to Arizona pursuant to the provision of
subsection 403 (f) of this Act, or by funds from sources other than the
development fund; (2) Orme Dam and Reservoir and power-pumping
plant or suitable alternative; (3) Buttes Dam and Reservoir, which
shall be so operated as not to prejudice the rights of any user in and to
the waters of the Gila River as those rights are set forth in the decree
entered by the United States District Court for the District of Arizona
on June 29, 1935, in United States against Gila Valley Irrigation District and others (Globe Equity Numbered 59); (4) Hooker Dam and
Reservoir or suitable alternative, which shall be constructed in such a
manner as to give effect to the provisions of subsection (f) of section
304; (5) Charleston Dam and Reservoir; (6) Tucson aqueduct and
pumping plants; (7) Salt-Gila aqueducts; (8) related canals, regulating facilities, hydroelectric power plants, and electrical transmission
facilities required for the operation of said principal works; (9) related
water distribution and drainage works; and (10) appurtenant works.
(b) Article II (B) (3) of the decree of the Supreme Court of the
United States in Arizona against California (376 U.S. 340) shall be
so administered that in any year in which, as determined by the Secretary, there is insufficient main stream Colorado River water available
for release to satisfy annual consumptive use of seven million five
hundred thousand acre-feet in Arizona, California, and Nevada,
diversions from the main stream for the Central Arizona Project shall
be so limited as to assure the availability of water in quantities sufficient to provide for the aggregate annual consumptive use by holders
of present perfected rights, by other users in the State of California
served under existing contracts with the United States by diversion
works heretofore constructed, and by other existing Federal reservations in that State, of four million four hundred thousand acre-feet
of mainstream water, and by users of the same character in Arizona
and Nevada. Water users in the State of Nevada shall not be required
to bear shortages in any proportion greater than would have been
imposed in the absence of this subsection 301(b). This subsection shall
not affect the relative priorities, among themselves, of water users in
Arizona, Nevada, and California which are senior to diversions for the
Central Arizona Project, or amend any provisions of said decree.
(c) The limitation stated in subsection (b) of this section shall not
apply so long as the Secretary shall determine and proclaim that means
are available and in operation which augment the water supply of the
Colorado River system in such quantity as to make sufficient mainstream water available for release to satisfy annual consumptive use
of seven million five hundred thousand acre-feet in Arizona, California, and Nevada.
SEC . 302. (a) The Secretary shall designate the lands of the Salt
River Pima-Maricopa Indian Community, Arizona, and the Fort
McDowell-Apache Indian Community, Arizona, or interests therein,
and any allotted lands or interest therein within said communities
which he determines are necessary for use and occupancy by the United
States for the construction, operation, and maintenance of Orme Dam
and Reservoir, or alternative. The Secretary shall offer to pay the fair
market value of the lands and interests designated, inclusive of improvements. In addition, the Secretary shall offer to pay toward the
costs of relocating or replacing such improvements not to exceed $500,000 in the aggregate, and the amount offered for the actual relocation
or replacement of a residence shall not exceed the difference between
the fair market value of the residence and $8,000. Each community and

XII-11

82 STAT.888

XII-12

82 STAT. 889

UPDATING THE HOOVER DAM DOCUMENTS

Pub. Law 90-537

-4-

September 30, 1968

each affected allottee shall have six months in which to accept or reject
the Secretary’s offer. If the Secretary’s offer is rejected, the United
States may proceed to acquire the property interests involved through
eminent domain proceedings in the United States District Court for
the District of Arizona under 40 U.S.C., sections 257 and 258a. Upon
acceptance in writing of the Secretary’s offer, or upon the filing of a
declaration of taking in eminent domain proceedings, title to the lands
or interests involved, and the right to possession thereof, shall vest in
the United States. Upon a determination by the Secretary that all or
any part of such lands or interests are no longer necessary for the purpose for which acquired, title to such lands or interests shall be
restored to the appropriate community upon repayment to the Federal
Government of the amounts paid by it for such lands.
(b) Title to any land or easement acquired pursuant to this section
shall be subject to the right of the former owner to use or lease the land
for purposes not inconsistent with the construction, operation, and
maintenance of the project, as determined by, and under terms and
conditions prescribed by, the Secretary. Such right shall include the
market value under subsection (a) shall reflect the right to extract and
dispose of minerals and other uses permitted by this section.
(c) In view of the fact that a substantial portion of the lands of the
Fort McDowell Mohave-Apache Indian Community will be required
for Orme Dam and Reservoir, or alternative, the Secretary shall, in
addition to the compensation provided for in subsection (a) of this
section, designate and add to the Fort McDowell Indian Reservation
twenty-five hundred acres of suitable lands in the vicinity of the reservation that are under the jurisdiction of the Department of the Interior
in township 4 north, range 7 east; township 5 north, range 7 east; and
township 3 north, range 7 east, Gila and Salt River base meridian,
Arizona. Title to lands so added to the reservation shall be held by the
United States in trust for the Fort McDowell Mohave-Apache Indian
Community.
(d) Each community shall have a right, in accordance with the plans
approved by the Secretary, to develop and operte recreational facilities along the part of the shoreline of the Orme Reservoir located
on or adjacent to its reservation, including land added to the Fort
McDowell Reservation as provided in subsection (b) of this section,
subject to rules and regulations prescribed by the Secretary governing
the recreation development of the reservoir. Recreation development
of the entire reservoir and federally owned lands under the jurisdiction of the Secretary adjacent thereto shall be in accordance with a
master recreation plan approved by the Secretary. The members of
each community shall have nonexclusive personal rights to hunt
and fish on or in the reservoir without charge to the same extent they are
now authorized to hunt and fish, but no community shall have the
right to exclude others from the reservoir except by control of access
through its reservation or any right to require payment by members
of the public except for the use of community lands or facilities.
(e) All funds paid pursuant to this section, and any per capita
distribution thereof, shall be exempt form all forms of State and
Federal income taxes.
SEC . 303. (a) The Secretary is authorized and directed to continue
to a conclusion appropriate engineering and economic studies and to
recommend the most feasible plan for the construction and operation
of hydroelectric generating and transmission facilities, the purchase
of electrical energy, the purchase of entitlement to electrical plant
capacity, or any combination thereof, including participation, operation, or construction by non-Federal entities, for the purpose of supplying the power requirements of the Central Arizona Project and

APPENDIX XII

September 30, 1968

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XII-13

Pub. Law 90-537
82 STAT. 890

augmenting the Lower Colorado River Basin Development Fund:
Provided, That nothing in this section or in this Act contained shall be
construed to authorize the study or construction of any dams on the
main stream of the Colorado River between Hoover Dam and Glen
Canyon Dam.
(b) If included as a part of the recommended plan, the Secretary
may enter into agreements with non-Federal interests proposing to
construct thermal generating powerplants whereby the United States
shall acquire the right to such portions of their capacity, including
delivery of power and energy over appurtenant transmission facilities to
mutually agreed upon delivery points, as he determines is required in
connection with the operation of the Central Arizona Project. When
not required for the Central Arizona Project, the power and energy
from Federal powerplants in the Colorado River system so as to produce the greatest practicable amount of power and energy that can
be sold at firm power and energy rates. The agreements shall provide,
among other things, that –
(1) the United States shall pay not more than that portion of
the total construction cost, exclusive of interest during construction, of the powerplants, and of any switchyards and transmission
facilities serving the United States, as is represented by the ratios
of the respective capacities to be provided for the United States
therein to the total capacities of such facilities. The Secretary
shall make the Federal portion of such costs available to the nonFederal interests during the construction period, including the
period of preparation of designs and specifications, in such installments as will facilitate a timely construction schedule, but
no funds other than for preconstruction activities shall be made
available by the Secretary until he determines that adequate contractual arrangements have been entered into between all the
affected parties covering land, water, fuel supplies, power (its
availability and use), rights-of-way, transmission facilities and
all other necessary matters for the thermal generating powerplants;
(2) annual operation and maintenance costs shall be apportioned between the United States and the non-Federal interests
on an equitable basis taking into account the ratios determined in
accordance with the foregoing clause (1): Provided, however,
That the United States shall share on the foregoing basis in the
depreciation component of such costs only to the extent of provision for depreciation on replacements financed by the nonFederal interests;
(3) the United States shall be given appropriate credit for
any interests in Federal lands administered by the Department
of the Interior that are made available for the powerplants and
appurtenances;
(4) costs to be borne by the United States under clauses (1)
and (2) shall not include (a) interest and interest during construction, (b) financing charges, (c) franchise fees, and (d)
such other costs as shall be specified in the agreement.
(c) No later than one year from the effective date of this Act, the
Secretary shall submit his recommended plan to the Congress. Except
as authorized by subsection (b) of this section, such plan shall not become
effective until approved by the Congress.
(d) If any thermal generating plant referred to in subsection (b) of
this section is located in Arizona, and if it is served by water diverted
from the drainage area of the Colorado River system above Lee Ferry,

Operation and
maintenance
costs.

Recommendations
to Congre ss.
Arizona, apportionme nt of diverted water.

XII-14

82 STAT. 891

Irrigation restrictions

Water s upply,
repayment contracts.

53 Stat. 1195.

Water conservation.

UPDATING THE HOOVER DAM DOCUMENTS

Pub. Law 90-537

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September 30, 1068

other provisions of existing law to the contrary not withstanding, such
consumptive use of water shall be a part of the fifty thousand acrefeet per annum apportioned to the State of Arizona by article II (a)
of the Upper Colorado River Basin Compact (63 State. 31).
SEC . 304 (a) Unless and until otherwise provided by Congress,
water from the Central Arizona Project shall not be made available
directly or indirectly for the irrigation of lands not having a recent
irrigation history as determined by the Secretary, except in the case of
Indian lands, national wildlife refuges, and, with the approval of the
Secretary, State-administered wildlife management areas.
(b)(1) Irrigation and municipal and industrial water supply under
the Central Arizona Project within the State of Arizona may, in the
event the Secretary determines that it is necessary to effect repayment,
be pursuant to master contracts with organizations which have power
to levy assessments against all taxable real property within their
boundaries. The terms and conditions of contract or other arrangements whereby each such organization makes water from the Central
Arizona Project available to users within its boundaries shall be subject to the Secretary’s approval, and the United States shall, if the
Secretary determines such action is desirable to facilitate carrying out
the provisions of this Act, have the right to required that it be party
to such contracts or that contracts subsidiary to the master contracts
be entered into between the United States and any user. The provisions
of this clause (a) shall not apply to the supplying of water to an
Indian tribe for use within the boundaries of an Indian reservation.
(2) Any obligation assumed pursuant to section 9 (d) of the Reclamation Project Act of1939 (43 U.S.C. 485h(d)) with respect to any
project of more than fifty years; any water service provided pursuant to section 9 (e) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(e)) may be on the basis of delivery of water for a period of fifty
years and for the delivery of such water at an identical price per acrefoot for water of the same class at the several points of delivery form
the main canals and conduits and from such other points of delivery
as the Secretary may designate; and long-term contracts relating to
irrigation water supply shall provide that water made available thereunder may be made available by the Secretary for municipal or industrial purposes if and to the extent that such water is not required by the
contractor for irrigation purposes.
(3) Contracts relating to municipal and industrial water supply
under the Central Arizona Project may be made without regard to the
limitations of the last sentence of section 9 (c) of the Reclamation
Project Act of 1939 (43 U.S.C. 485h (c)); may provide for the delivery
of such water at an identical price per acre-foot for water of the same
class at the several points of delivery from the main canals and conduits; and may provide for repayment over a period of fifty years if
made pursuant to clause (1) of said section and for the delivery of
water over a period of fifty years if made pursuant to clause (2)
thereof.
(c) Each contract under which water is provided under the Central
Arizona Project shall require that (1) there be in effect measures, adequate in the judgment of the Secretary, to control expansion of irrigation from aquifers affected by irrigation in the contract service area;
(2) the canals and distribution systems through which water is conveyed after its delivery by the United States to the contractors shall
be provided and maintained with linings adequate in his judgment to
prevent excessive conveyance losses; and (3) neither the contractor nor
the Secretary shall pump or permit others to pump ground water
from within the exterior boundaries of the service area of a contractor
receiving water from the Central Arizona Project for any use outside

APPENDIX XII
September 30, 1968

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Pub. Law 90-537

said contractor’s service area unless the Secretary and such contractor
shall agree, or shall have previously agreed that a surplus of ground
water exists and that drainage is or was required. Such contracts shall
be subordinate at all times to the satisfaction of all existing contracts
between the Secretary and users in Arizona heretofore made pursuant
to the Boulder Canyon Project Act (45 Stat. 1057).
(d) The Secretary may require in any contract under which water
is provided from the Central Arizona Project that the contractor agree
to accept main stream water in exchange for or in replacement of existing supplies from sources other than the main stream. The Secretary
shall so require in the case of users in Arizona who also use water from
the Gila River system to the extent necessary to make available to
users of water from the Gila River system in New Mexico additional
quantities of water as provided in and under the conditions specified
in subsection (f) of this section: Provided, That such exchanges and
replacements shall be accomplished without economic injury or cost
to such Arizona contractors.
(e) In times of shortage or reduction of main stream Colorado River
water for the Central Arizona Project, as determined by the Secretary,
users which have yielded water from other sources in exchange for
main stream water supplied by that project shall have a first priority
to receive main stream water, as against other users supplied by that
project which have not so yielded water from other sources, but only
in quantities adequate to replace the water so yielded.
(f)(1) In the operation of the Central Arizona Project, the Secretary shall offer to contract with water users in New Mexico for water
from the Gila River, its tributaries and underground water sources in
amounts that will permit consumptive use of water in new Mexico of
not to exceed an annul average in any period of ten consecutive years
of eighteen thousand acre-feet, including reservoir evaporation, over
and above the consumptive uses provided by article IV of the decree
of the Supreme Court of the United States in Arizona against California (376 U.S. 340). Such increased consumptive uses shall not begin
until, and shall continue only so long as, delivery of Colorado River
water to downstream Gila River users in Arizona is being accomplished in accordance with this Act, in quantities sufficient to replace
any diminution of their supply resulting from such diversion from the
Gila River, its tributaries and underground water sources. In determining the amount required for this purpose, full consideration shall
be given to any differences in the quality of the waters involved.
(2) The Secretary shall further offer to contract with water users in
New Mexico for water from the Gila River, its tributaries, and underground water sources in amounts that will permit consumptive users
of water in New Mexico of not to exceed an annual average in any
period of ten consecutive years of an additional thirty thousand acrefeet, including reservoir evaporation. Such further increases in consumptive use shall not begin until, and shall continue only so long as,
works capable of augmenting the water supply of the Colorado River
system have been completed and water sufficiently in excess of two
million eight hundred thousand acre-feet per annum is available from
the main stream of the Colorado River for consumptive use in Arizona
to provide water for the exchanges herein authorized and provided.
In determining the amount required for this purpose full consideration
shall be given to any differences in the quality of water involved.
(3) All additional consumptive uses provided for in clauses (1)
and (2) of this subsection shall be subject to all rights in New Mexico
and Arizona as established by the decree entered by the United State
District Court for the District of Arizona on June 29, 1935, in United
States against Gila Valley Irrigation District and others (Globe
Equity Numbered 59) and to all other rights existing on the effective

XII-15

82 STAT. 892

43 USC 617617t.
Water exc hanges.

Water shortage
priorities.

New Mexico
users, water
exchange contracts.

XII-16

82 STAT. 893

Newly irrigated
lands, restriction.
63 Stat. 1051.
7 USC 1421
note.
62 Stat. 1251.
Main stream
water co st.

Water salvage
program s.

Dixie pro ject,
integration.

Fish and wildlife and conservation and
develop ment.
16 USC 4601-12
note.
Central Arizona
project, appropriation.

UPDATING THE HOOVER DAM DOCUMENTS

Pub. Law 90-537

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September 30, 1968

date of this Act in New Mexico and Arizona to water from the Gila
River, its tributaries, and underground water sources, and shall be
junior thereto and shall be made only to the extent possible without
economic injury or cost for the holders of such rights.
(g) For a period of ten years from the date of enactment of this
Act, no water from the projects authorized by this Act 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, 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 301 (b) (10) of the Agricultural Adjustment Act of
1938 (52 Stat. 38), as amended (7 U.S.C. 1301), unless the Secretary
of Agriculture calls for an increase in production of such commodity
in interest of national security.
SEC . 305. To the extent that the flow of the main stream of the Colorado River is augmented in order to make sufficient water available for
release, as determined by the Secretary pursuant to article II (b) (1) of
the decree of the Supreme Court of the United States in Arizona
against California (376 U.S. 340), to satisfy annual consumptive
use of two million eight hundred thousand acre-feet in Arizona, four
million four hundred thousand acre-feet in California, and three
hundred thousand acre-feet in Nevada, respectively, the Secretary
shall make such water available to users of main stream water in those
States at the same costs (to the extent that such costs can be made
comparable through the nonreimbursable allocation to the replenishment of the deficiencies occasioned by satisfaction of the Mexican
Treaty burden as herein provided and financial assistance from the
development fund established by section 403 of this Act) and on the
same terms as would be applicable if main stream water were available
for release in the quantities required to supply such consumptive use.
SEC . 306. The Secretary shall undertake programs for water salvage
and ground water recovery along and adjacent to the main stream
of the Colorado River. Such programs shall be consistent with maintenance of a reasonable degree of undisturbed habitat for fish and wildlife in the area, as determined by the Secretary.
SEC . 307. The Dixie Project, heretofore authorized in the State of
Utah, is hereby reauthorized for construction at the site determined
feasible by the Secretary, and the Secretary shall integrate such project
into the repayment arrangement and participation in the Lower Colorado River Basin Development Fund established by title IV of this
Act consistent with the provisions of the Act: Provided, That section 8
of Public Law 88-565 (78 Stat. 848) is hereby amended by deleting
the figure “$42,700.000" and inserting in lieu thereof the figure
“$58,000,000".
SEC . 308. The conservation and development of the fish and wildlife
resources and the enhancement of recreation opportunities in connection with the project works authorized pursuant to this title shall be in
accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213), except as provided in section 302 of this Act.
SEC . 309 (a) There is hereby authorized to be appropriated for construction of the Central Arizona Project, including prepayment for
power generation and transmission facilities but exclusive of distribution and drainage facilities for non-Indian lands, $832,180,000 plus
or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost
indices applicable to the types of construction involved therein and,
in addition thereto, such sums as may be required for operation and
maintenance of the project.

APPENDIX XII
September 30, 1968

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Pub. Law 90-537
82 STAT. 894

(b) There is also authorized to be appropriated $100,000,000 for
construction of distribution and drainage facilities for non-Indian lands.
Notwithstanding the provisions of section 403 of this Act, neither appropriations made pursuant to the authorization contained in this
subsection (b) nor revenues collected in connection with the operation
of such facilities shall be credited to the Lower Colorado River Basin
Development Fund and payments shall not be made from that fund
to the general fund of the Treasury to return any part of the costs of
construction, operation, and maintenance of such facilities.

Non-Indian
lands facilities,
appropriation.

TITLE IV–LOWER COLORADO RIVER BASIN DEVELOPMENT FUND: ALLOCATION AND REPAYMENT OF
COSTS: CONTRACTS
SEC . 401. Upon completion of each lower basin unit of the project
herein or hereafter authorized, or separate feature thereof, the Secretary shall allocate the total costs of constructing said unit or features
to (1) commercial power, (2) irrigation, (3) municipal and industrial
water supply, (4) flood control, (5) navigation, (6) water quality control, (7) recreation, (8) fish and wildlife, (9) the replenishment of the
depletion of Colorado River flows available for use in the United States
occasioned by performance of the Water Treaty of 1944 with the United
Mexican States (Treaty Series 994; 59 Stat. 1219), and (10) any other
purposes authorized under the Federal reclamation laws. Costs of
construction, operation, and maintenance allocated to the replenishment of the depletion of Colorado River flows available for use in
the United States occasioned by compliance with the Mexican Water
Treaty (including losses in transit, evaporation from regulatory reservoirs, and regulatory losses at the Mexican boundary, incurred in
the transportation, storage, and delivery of water in discharge of the
obligations of that treaty) shall be nonreimbursable; Provided, That
the nonreimbursable allocation shall be made on a pro rata basis to be
determined by the ratio between the amount of water required to
comply with the Mexican Water Treaty and the total amount of water by
which the Colorado River augmented pursuant to the investigations. The repayment of costs allocated to recreation and fish
and wildlife enhancement shall be in accordance with the provisions
of the Federal Water Project Recreation Act (79 Stat. 213); Provided, That all of the separable and joint costs allocated to recreation
and fish and wildlife enhancement as a part of the Dixie project, Utah
shall be nonreimbursable. Costs allocated to nonreimbursable purposes
shall be nonreturnable under the provisions of this Act.
SEC . 402. The Secretary shall determine the repayment capability
of Indian lands with, under, or served by an unit of the project.
Construction costs allocated to irrigation of Indian lands (including
provision of water for incidental domestic and stock water uses) and
within the repayment capability of such lands shall be subject to the
Act of July 1, 1932 (47 Stat. 564; 25 U.S.C. 386a), and such costs
that are beyond repayment capability of such lands shall be
nonreimbursable.
SEC . 403. (a) There is hereby established a separate fund in the
Treasury of the United States to be now as the Lower Colorado
River Basin Development Fund (hereafter called the “development
fund”), which shall remain available until expended as hereafter
provided.
(b) All appropriations made for the purpose of carrying out the
provisions of title III of this Act shall be credited to the development

16 USC 4601-12
note.

Indian lands,
repayment capability.

Lower Colorado
River Basin Development Fund.
Establishm ent.
Ante, p. 887.

XII-18

82 STAT. 895

Ante , p. 887.

54 Stat. 775.
43 USC 618a.

Development fund
revenue use.

UPDATING THE HOOVER DAM DOCUMENTS

Pub. Law 90-537

- 10 -

September 30, 1968

fund as advances from the general fund of the Treasury, and shall be
available for such purpose.
(c) There shall also be credited to the development fund–
(1) all revenues collected in connection with the operation of
facilities authorized in title III in furtherance of the purposes of
this Act (except entrance, admission, and other recreation fees or
charges and proceeds received from recreation concessionaires),
including revenues which, after completion of payout of the Central Arizona Project as required herein are surplus, as determined
by the Secretary, to the operation, maintenance, and replacement
requirements of said project:
(2) any Federal revenues from the Boulder Canyon and
Parker-Davis projects which, after completion of repayment
requirements of the said Boulder Canyon and Parker-Davis projects, are surplus, as determined by the Secretary, to the operation
maintenance, and replacement requirements of those projects:
Provided, however, That the Secretary is authorized and directed
to continue the in-lieu-of-tax payments to the States of Arizona
and Nevada provided for in section 2(c) of the Boulder Canyon
Project Adjustment Act so long as revenues accrue from the
operation of the Boulder Canyon project; and
(3) any Federal revenues from that portion of the Pacific Northwest-Pacific Southwest intertie located in the States of Nevada
and Arizona which, after completion of repayment requirements
of said part of the Pacific Northwest-Pacific Southwest intertie located in the States of Nevada and Arizona, are surplus, as
determined by the Secretary, to the operation, maintenance, and
replacement requirements of said portion of the Pacific Northwest-Pacific Southwest intertie and related facilities.
(d) All moneys collected and credited to the development fund pursuant to subsection (b) and clauses 91) and (3) of subsection (c) of this
section and the portion of revenues derived from the sale of power and
energy for use in Arizona pursuant to clause (2) of subsection (c) of this
section shall be available, without further appropriation, for–
(1) defraying the costs of operation, maintenance, and replacement of, and emergency expenditures for, all facilities of the
projects, within such separate limitations as may be included in
annual appropriation Acts; and
(2) payments to reimburse water users in the State of Arizona
for losses sustained as a result of diminution of production
of hydroelectric power at Coolidge Dam, Arizona, resulting from
exchanges of water between users in the States of Arizona and
New Mexico as set forth in section 304(f) of this Act.
(e) Revenues credited to the development fund shall not be available
for construction of the works comprised within any unit of the project
herein or hereafter authorized except upon appropriation by the
Congress.
(f) Moneys credited to the development fund pursuant to subsection
(b) and clauses (1) and (3) of subsection (c) of this section and the
portion of revenues derived from the sale of power and energy for use
in Arizona pursuant to clause (2) of subsection (c) of this section in
excess of the amount necessary to meet the requirements of clauses (1)
and (2) of subsection (d) of this section shall be paid annually to the
general fund of the Treasury to return–
(1) the costs of each unit of the projects or separable feature
thereof authorized pursuant to title III of this Act which are
allocated to irrigation, commercial power, or municipal and
industrial water supply, pursuant to this Act within a period not

APPENDIX XII
September 30, 1968

- 11 -

XII-19

Pub. Law 90-537
82 STAT. 896

exceeding fifty years from the date of completion of each such
unit or separable feature, exclusive of any development period
authorized by law: Provided, That return of the cost, if any,
required by section 307 shall not be made until after the payout
period of the Central Arizona Project as authorized herein; and
(2) interest (including interest during construction) on the
unamortized balance of the investment in the commercial power
and municipal and industrial water supply features of the project
at a rate determined by the Secretary of the Treasury in accordance with the provisions of subsection (h) of this section, and
interest due shall be a first charge.
(g) All revenues credited to the development fund in accordance
with clause (c) (2) of this section (excluding only those revenues
derived from the sale of power and energy for use in Arizona during
the payout period of the Central Arizona Project as authorized herein) and such other revenues as remain in the development fund after
making the payments required by subsections (d) and (f) of this
section shall be available (1) to make payments, if any, as required
by sections 307 and 502 of this Act, and 92) upon appropriation by the
Congress, to assist in the repayment of reimbursable costs incurred in
connection with units hereafter constructed to provide for the augmentation of the water supplies of the Colorado River for use below
Lee Ferry as may be authorized as a result of the investigations and
recommendations made pursuant to section 201 and subsection 203 (a)
of this Act.
(h) The interest rate applicable to those portions of the reimbursable
costs of each unit of the project which are properly allocated to commercial power development and municipal and industrial water supply
shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which the first advance is made for initiating
construction of such unit, on the basis of the computed average interest
rate payable by the Treasury upon its outstanding marketable public
obligations which are neither due nor callable for redemption for
fifteen years from the date of issue.
(i) Business-type budgets shall be submitted to the Congress
annually for all operations financed by the development fund.
SEC . 404. On January 1 of each year the Secretary shall report
to the Congress, beginning with the fiscal year ending June 30, 1969, upon
the status of the revenues from and the cost of construction,
operating, and maintaining each lower basin unit of the project for
the preceding fiscal year. The report of the Secretary shall be prepared
to reflect accurately the Federal investment allocated at that time to
power, to irrigation, and to other purposes, the progress of return
and repayment thereon, and the estimated rate of progress, year by
year, in accomplishing full repayment.
TITLE – UPPER COLORADO RIVER BASIN; AUTHORIZATIONS AND REIMBURSEMENTS
SEC . 501. (a) In order to provide for the construction, operation, and
maintenance of the Animas-La Plata Federal reclamation project,
Colorado-New Mexico; the Dolores, Dallas Creek, West Divide, and
San Miguel Federal reclamation projects, Colorado; and the Central
Utah power project (Uintah unit), Utah, as participating projects under the
Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620), and
to provide for the completion of planning reports on other participating projects, clause (2) of section 1 of said Act is hereby further
amended by (i) inserting the words “and the Uintah unit” after the

82 STAT. 897

Interest rate.

Annual b udgets,
subm ittal to
Congress,
Repo rt to
Congress.

XII-20

UPDATING THE HOOVER DAM DOCUMENTS

Public Law 90-537

Repo rt to
Congress.

43 USC 620c.
Anim as-La Plata
Federal reclamation project.
Consent or
Congress.

- 12 -

September 30, 1968

word “phase” within the parenthesis following “Centra Utah”, (ii)
deleting the words “Pine River Extension” and inserting in lieu
thereof the words “Animas-La Plata, Dolores, Dallas Creek, West
Divide, San Miguel”, (iii) adding after the words “Smith Fork:” the
proviso “Provided, That construction of the Uintah unit of the Central
Utah project shall not be undertaken by the Secretary until he has
completed a feasibility report on such unit and submitted such report
to the Congress along with his certification that, in his judgment, the
benefits of such unit or segment will exceed the costs and that such
unit is physically and financially feasible, and the Congress has authorized the appropriation of funds for the construction thereof:”.
Section 2 of said Act is hereby further amended by (i) deleting the
words “Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide,
Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit
Growers Extension, Animas-La Plata”, and inserting after the words
“Yellow Jacket’ the words “Basalt Middle Park (including the
Troublesome, Rabbit Ear, and Azure unites), Upper Gunnison (including the East River, Ohio Creek, and Tomici Creek units), Lower
Yampa (including the Juniper and Great Northern units), Upper
Yampa (including the Hayden Mesa, Wessels, and Toponas units)”;
(ii) by inserting after the word “Sublett” the words “(including a
diversion of water from the Green River to the North Platte River
Basin in Wyoming), Ute Indian unit of the Central Utah Project, San
Juan County (Utah), Price River, Grand County (Utah), Gray
Canyon, and Juniper (Utah)”; and (iii) changing the period after
“projects” to a colon and adding the following proviso: “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
hereto made to the Ute Indian Tribe of the Unitah and Ouray
Indian Reservation under the agreement dated September 20, 1965
(Contract Numbered 14-06-W-194).”. The amount which section 12
of said Act authorizes to be appropriated is hereby further increased
by the sum of $392,000,000, plus or minus such amounts, if any, as
may be required, by reason of changes in construction costs as indicated
by engineering cost indices applicable to the type of construction
involved. This additional sum shall be available solely for the construction of the Animas-LaPlata, Dolores, Dallas Creek West Divide,
and San Miguel projects herein authorized.
(b) The Secretary is directed to proceed as nearly as practicable
with the construction of the Animas-La Plata, Dolores, Dallas Creek,
West Divide, and San Miguel participating Federal reclamation projects concurrently with the construction of the Central Arizona Project,
to the end that such projects shall be completed not later than the date
of the first delivery of water from said Central Arizona Project: Provided, That an appropriate repayment contract for each of said participating projects shall have been executed as provided in section 4
of the Colorado River Storage Project Act (70 Stat. 107) before construction shall start on that particular project.
(c) The Animas-La Plata Federal reclamation project shall be
constructed and operated in substantial accordance with the engineering plans set out in the report of the Secretary transmitted to the Congress on May 4, 1966, and printed as House Document 436, Eightyninth Congress: Provided, That construction of the Animas-La Plata
Federal reclamation project shall not be undertaken until and unless
the States of Colorado and New Mexico shall have ratified the following compact to which the consent of Congress is hereby given:

APPENDIX XII
September 39, 1968

- 13 -

XII-21

Pub. Law 90-537
82 STAT. 898

“A NIMAS-L A PLATA PROJECT COMPACT
“The State of Colorado and the State of New Mexico, in order to
implement the operation of the Animas-La Plata Federal Reclamation
Project, Colorado-New Mexico, a proposed participating project under
and being moved by considerations of interstate comity, have resolved
to conclude a compact for these purposes and have agreed upon the
following articles:
“ARTICLE I
“A. The right to store and divert water in Colorado and New Mexico
from the La Plata and Animas River system, including return flow to
the La Plata River from Animas River diversions, for uses in New
Mexico under the Animas-La Plata Federal Reclamation Project shall
be valid and of equal priority with those rights granted by decree of
the Colorado state courts for the uses of water in Colorado for that
project, providing such uses in New Mexico are within the allocation
of water made to that state by article III and XIV of the Upper Colorado River Basin Compact (63 Stat. 31).
“B. The restrictions of the last sentence of Section (a) of Article IX
of the Upper Colorado River Basin Compact shall not be construed to
vitiate paragraph A of this article.
“ARTICLE II
“This Compact shall become binding and obligatory when it shall
have been ratified by the legislatures of each of the signatory States.”
(d) The Secretary shall, for the Animas-La Plata, Dolores, Dallas
Creek, San Miguel, West Divide, and Seedskadee participating projects of the Colorado River storage project, establish the nonexcess irrigable acreage for which any single ownership may receive project
water at one hundred and sixty acres of class 1 land or the equivalent
thereof, as determined by the Secretary, in other land classes.
(e) In the diversion and storage of water for any project or any parts
thereof constructed under the authority of this Act or the Colorado
River Storage Act within and for the benefit of the State of
Colorado only, the Secretary is directed to comply with the constitution and statutes of the State of Colorado relating to priority of appropriation; with State and federal court decrees entered pursuant thereto; and with operating principles, if any, adopted by the Secretary and
approved by the State of Colorado.
(f) The words “any western slope appropriations” contained in
paragraph (i) of that section of Senate Document Numbered 80,
Seventy-fifth Congress, First session, entitled “Manner of Operation
of Project Facilities and Auxiliary Features”, shall mean and refer
to the appropriation heretofore made for the storage of water in
Green Mountain Reservoir, a unit of the Colorado-Big Thompson
Federal reclamation project, Colorado; and the Secretary is directed
to act in accordance with such meaning and reference. It is the sense
of Congress that this directive defines and observes the purpose of
said paragraph (i), and does not in any way affect or alter any rights
or obligations arising under said Senate Document Numbered 80
or under the laws of the State of Colorado.
SEC . 502. The Upper Colorado River Basin Fund established under
section 5 of the Colorado River Storage project Act (70 Stat. 107; 43
U.S.C. 620d) shall be reimbursed from the Colorado River Development Fund established by section 2 of the Boulder Canyon Project
Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) for the money expended heretofore or hereafter from the Upper Colorado River Basin

XII-22

82 STAT. 899

62 Stat. 284.
43 USC 618a.

UPDATING THE HOOVER DAM DOCUMENTS

Pub. Law 90-537

- 14 -

September 30, 1968

Fund to meet deficiencies in generation at Hoover Dam during the
filing period of storage units of the Colorado River storage project
pursuant to the criteria for the filling of Glen Canyon Reservoir (27
Fed. Reg. 6851, July 19, 1962). For tis purpose, $500,000 for each
year of operation of Hoover Dam and powerplant, commencing with
fiscal year 1970, shall be transferred from the Colorado River Development Fund to the Upper Colorado River Basin fund, in lieu of
application of said amounts to the purposes stated in section 2(d)
of the Boulder Canyon Projects Adjustment Act, until such reimbursement is accomplished. To the extent that any deficiency in such
reimbursement remains as of June 1, 1987, the amount of the remaining deficiency shall then be transferred to the Upper Colorado
River Basin Fund from the Lower Colorado River Basin Development Fund, as provided in subsection (g) of section 403.
TITLE VI–GENERAL PROVISIONS: DEFINITIONS:
CONDITIONS

43 US C 617 t.

Reports to the
President, Congress, etc.

Federal o fficers and agencies, compliance s.

SEC . 601. (a) Nothing in this Act 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 o 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), the Boulder Canyon
Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) or the Colorado
River Storage Project Act (70 Stat. 105; 43 U.S.C. 620).
(b) The Secretary is directed to–
(1) make reports as to the annual consumptive uses and losses of
water from the Colorado River system after each successive fiveyear 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
(2) 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.
(c) All Federal officers and agencies are directed to comply with the
applicable provisions of this Act, 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.

APPENDIX XII
September 30, 1968

- 15 -

XII-23

Pub. Law 90-537
82 STAT. 900

SEC . 602 (a) In order to comply with and carry out the provisions
of the Colorado River Compact, the Upper Colorado River Basin Compact,
and the Mexican Water Treaty, the Secretary shall propose criteria for the
coordinated long-range operation of the reservoir constructed and operated
under the authority of the Colorado River Storage Project Act, the Boulder
Canyon Project Act, and the Boulder Canyon Project Adjustment Act. To
effect in part the purposes expressed in this paragraph, the criteria shall
make provision for the storage of water in storage units of the Colorado
River storage project and releases of water from Lake Powell in the
following listed order of priority:
(1) releases to supply one-half the deficiency described in article
III (c) of the Colorado River Compact, if any such deficiency
exists and is chargeable to the States of the Upper Division, but in
any event such releases, if any, shall not be required in any year,
that the Secretary makes the determination and issues the
proclamation specified in section 202 of this Act;
(2) releases to comply with article III9d) of the Colorado
River Compact, less such quantities of water delivered into the
Colorado River below Lee Ferry to the credit of the States of the
Upper Division from other sources; and
(3) storage of water not required for the releases specified in
clauses (1) and (2) of this subsection to the extent that the Secretary, after consultation with the Upper Colorado River Commission and representatives of the three Lower Division States
and taking into consideration all relevant factors (including, but
not limited to, historic stream-flows, the most critical period of
record, and probabilities of water supply), shall find this to be
reasonably necessary to assure deliveries under clauses (1) and (2)
without impairment of annual consumptive uses in the upper basin
pursuant to the Colorado River Compact: Provided, That water
not so required to be stored shall be released from Lake Powell:
(i) to the extent it can be reasonably applied in the States of the
Lower Division to the uses specified in Article III(e) of
the Colorado River Compact, but no such releases shall be made
when the active storage in Lake Powell is less than the active
storage in Lake Mead, (ii) to maintain, as nearly as practicable,
active storage in Lake Mead equal to the active storage in Lake
Powell, and (iii) to avoid anticipated spills from Lake Powell.
(b) Not later than January 1, 1970, the criteria proposed in accordance
with the foregoing subsection (a) of this section shall be submitted to the Governors of the seven Colorado River Basin States and
to such other parties and agencies as the Secretary may deem appropriate for their review and comment. After receipt of comments on the
proposed criteria, but not later than July 1, 1970, the Secretary shall
adopt appropriate criteria in accordance with this section and publish
the same in the Federal Register. Beginning January 1, 1972, and
yearly thereafter, the Secretary shall transmit to the Congress and
to the Governors of the Colorado River Basin States a report describing the
actual operation under the adopted criteria for the preceding compact water
year and the projected operation for the current year. As a result of actual
operating experience or unforeseen circumstances, the Secretary may
thereafter modify the criteria to better achieve the purposes specified in
subsection (a) of this section, but only after correspondence with the
Governors of the seven Colorado River Basin States and appropriate
consultation with such State representatives as each Governor may
designate.
(c) Section 7 of the Colorado River Storage Project Act shall be
administered in accordance with the foregoing criteria.

45 Stat. 1057.
63 Stat. 31.
59 Stat. 1219.
70
43
45
54
43

Stat.
USC
Stat.
Stat.
USC

105.
620.
1057.
774.
618a.

Criteria, submittal for review an d com ment.
Publicatio n in
Federal Register.
Report to Congress, etc.

XII-24

UPDATING THE HOOVER DAM DOCUMENTS

Pub. Law 90-537

- 16 -

September 30, 1968

82 Stat. 901

431 USC 371 note.

Definitions.

SEC . 603. (a) Rights of the upper basin to the consumptive use of
water available to that basin from the Colorado Rive system under
the Colorado River Compact shall not be reduced or prejudiced by any
use of such water in the lower basin.
(b) Nothing in this Act shall be construed so as to impair, conflict
with, or otherwise change the duties and powers of the Upper Colorado
River Commission.
SEC . 604. Except as otherwise provided in this Act, in constructing, operating, and maintaining the units of the projects herein
and hereafter authorized, 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) to which laws this Act
shall be deemed a supplement.
SEC . 605. Part I of the federal Power Act (41 Stat. 1063; 16 U.S.C.
791a-823) shall not be applicable to the reaches of the main stream of
the Colorado River between Hoover Dam and Glen Canyon Dam until
and unless otherwise provided by Congress.
SEC . 606. As used in this Act, (a) all terms which are defined in the
Colorado River Compact shall have the meanings therein defined;
(b) “Main stream” means the main stream of the Colorado River
downstream from Lee Ferry within the United States, including the
reservoirs thereon;
(c) “User” or “water user” in relation to mainstream water in the
lower basin means the United States or any person or legal entity entitled under the decree of the Supreme Court of the United States in
Arizona against California, and others (376 U.S. 340), to use main
stream water when available thereunder;
(d) “Active storage” means that amount of water in reservoir storage, exclusive of bank storage, which can be released through the existing reservoir outlet works;
(e) “Colorado River Basin States” means the States of Arizona,
California, Colorado, Nevada, New Mexico, Utah, and Wyoming;
(f) “Western United States” means those States lying wholly or in
part west of the Continental Divide; and
(g) “Augment” or “augmentation”, when used herein with reference
to water, means to increase the supply of the Colorado River or its
tributaries by the introduction of water into the Colorado River system, which is in addition to the natural supply of the system.
Approved September 30, 1968.

LEGISLATIVE HISTORY:
HOUSE REPORTS:

No.1312 accompanying H.R. 3300 (Comm. on Interior&
Insular Affairs) and No. 1861(Comm. on Conference).
SENATE REPORT NO. 408 (Comm. on Interior & Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 113 (1967): Aug. 3, 4, 7, considered and passed Senate.
Vol. 114 (1969): May 15, 16, considered and passed House,
amended, in lieu of H.R. 3300.
Sept. 5, House agreed to conference report.
Sept. 12, Senate agreed to conference report.


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