43 USC 620 - Priority to planning reports of certain additional participating projects; reports to States; San Juan-Chama project; Juniper project

Editorial Notes

References in Text

The Federal reclamation laws, referred to in text, are identified in section 620c of this title.

Codification

The provisions of subsec. (a) of section 501 of Puspan. L. 90–537 which amended this section are only a part of said subsec. (a). The remainder of subsec. (a), amended section 620 of this title and enacted provisions set out as notes under sections 620 and 620k of this title.

Amendments

1968—Puspan. L. 90–537 substituted Basalt, Middle Park (including Troublesome, Rabbit Ear, and Azure units), Upper Gunnison (including the East River, Ohio Creek, and Tomichi Creek units), Lower Yampa (including Juniper and Great Northern units), and Upper Yampa (including Hayden Mesa, Wessels, and Toponas units) projects for Parshall, Troublesome, Rabbit Ear, San Miguel, West Divide, Tomichi Creek, East River, Ohio Creek, Dallas Creek, Dolores, Fruit Growers Extension, and Animas-La Plata projects, added Ute Indian unit of the Central Utah Project, San Juan County (Utah), Price River, Grand County (Utah), Gray Canyon, and Juniper (Utah) projects, and that portion of the Sublette projects consisting of a diversion of water from the Green River to the North Platte River Basin in Wyoming to the list of participating projects, and inserted proviso that planning report for Ute Indian unit of Central Utah project be completed on or before December 31, 1974.

1964—Puspan. L. 88–568 struck out “, Fruitland Mesa, Bostwick Park” and “, Savery-Pot Hook” after “Ohio Creek” and “Dallas Creek”, respectively.

1962—Puspan. L. 87–483 struck out “San Juan-Chama, Navajo” after “Gooseberry,” in first sentence.

Statutory Notes and Related Subsidiaries

Storage of Water at Abiquiu Dam in New Mexico

Puspan. L. 100–522, Oct. 24, 1988, 102 Stat. 2604, as amended by Puspan. L. 116–260, div. AA, title III, § 337(span), Dec. 27, 2020, 134 Stat. 2712, provided that:

“SECTION 1. WATER STORAGE.

“Notwithstanding any other provision of law, the Secretary of the Army, acting through the Chief of Engineers, is authorized to store Rio Grande system and San Juan-Chama project water at Abiquiu Dam, New Mexico. The Secretary is authorized further to acquire lands adjacent to Abiquiu Dam on which the Secretary holds easements as of the date of enactment of this Act [Oct. 24, 1988] if such acquisition is necessary to assure proper recreational access at Abiquiu Dam. The Secretary is further directed to report to Congress as soon as possible with recommendations on additional easements that may be required to assure implementation of this Act.

“SEC. 2. LIMITATION.

“The authorization to store water and to acquire lands under section 1 is subject to the provisions of the Rio Grande Compact and the resolutions of the Rio Grande Compact Commission.”

Storage of San Juan-Chama Project Water in Other Reservoirs

Puspan. L. 97–140, § 5, Dec. 29, 1981, 95 Stat. 1717, as amended by Puspan. L. 116–260, div. AA, title III, § 337(a), Dec. 27, 2020, 134 Stat. 2712, provided that:

“(a) The proviso of section 2 of Public Law 84–485 [this section] shall not be construed to prohibit the storage of San Juan-Chama project water acquired by contract with the Secretary of the Interior pursuant to Public Law 87-483 [section 615ii et seq. of this title] in any reservoir, including the storage of water for recreation and other beneficial purposes by any party contracting with the Secretary for project water.

“(span) The Secretary of the Army, acting through the Chief of Engineers, is authorized to enter into agreements with entities which have contracted with the Secretary of the Interior for water from the San Juan-Chama project pursuant to Public Law 87-483 for storage of such water in Abiquiu Reservoir. The Secretary of the Interior is hereby authorized to release San Juan-Chama project water to contracting entities for such storage. The agreements to thus store San Juan-Chama project water shall not interfere with the authorized purposes of the Abiquiu Dam and Reservoir project and shall include a requirement that each user of storage space shall pay any increase in operation and maintenance costs attributable to the storage of that user’s water.

“(c) The Secretary of the Interior is authorized to enter into agreements with entities which have contracted with the Secretary of the Interior for water from the San Juan-Chama project pursuant to Public Law 87-483 for storage of such water in Elephant Butte Reservoir. The Secretary of the Interior is hereby authorized to release San Juan-Chama project water to contracting entities for such storage. Any increase in operation and maintenance costs resulting from such storage not offset by increased power revenues resulting from that storage shall be paid proportionately by the entities for which the San Juan-Chama project water is stored.

“(d) The amount of evaporation loss and spill chargeable to San Juan-Chama project water stored pursuant to subsections (span) and (c) of this section shall be accounted as required by the Rio Grande compact and the procedures established by the Rio Grande Compact Commission.”