43 U.S.C. § 620: Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument

In order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin, for the purposes, among others, of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the States of the Upper Basin to utilize, consistently with the provisions of the Colorado River Compact, the apportionments made to and among them in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the reclamation of arid and semiarid land, for the control of floods, and for the generation of hydroelectric power, as an incident of the foregoing purposes, the Secretary of the Interior is authorized (1) to construct, operate, and maintain the following initial units of the Colorado River storage project, consisting of dams, reservoirs, powerplants, transmission facilities and appurtenant works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir only), and Glen Canyon: Provided , That the Wayne N. Aspinall Dam shall be constructed to a height which will impound not less than nine hundred and forty thousand acre-feet of water or will create a reservoir of such greater capacity as can be obtained by a high waterline located at seven thousand five hundred and twenty feet above mean sea level, and that construction thereof shall not be undertaken until the Secretary has, on the basis of further engineering and economic investigations, reexamined the economic justification of such unit and, accompanied by appropriate documentation in the form of a supplemental report, has certified to the Congress and to the President that, in his judgment, the benefits of such unit will exceed its costs; and (2) to construct, operate, and maintain the following additional reclamation projects (including power-generating and transmission facilities related thereto), hereinafter referred to as participating projects: Central Utah (initial phase and the Uintah unit), San Juan-Chama (initial stage), Emery County, Florida, Hammond, La Barge, Lyman, Navajo Indian, Paonia (including the Minnesota unit, a dam and reservoir on Muddy Creek just above its confluence with the North Fork of the Gunnison River, and other necessary works), Animas-La Plata, Dolores, Dallas Creek, West Divide, San Miguel, Seedskadee, Savery-Pot Hook, Bostwick Park, Fruitland Mesa, the Navajo-Gallup Water Supply Project, Silt and Smith Fork: Provided further , That as part of the Glen Canyon Unit the Secretary of the Interior shall take adequate protective measures to preclude impairment of the Rainbow Bridge National Monument. The Secretary of the Interior may fund or participate in pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs, as authorized by the first section of the Act of April 11, 1956 ( 43 U.S.C. 620 ), to address the effects of historic drought conditions. grants by the Secretary to public entities that use water from the Colorado River Basin for municipal purposes for projects that are implemented by 1 or more non-Federal entities; or grants or other appropriate financial agreements to provide funds for new water conservation agreements or for renewing or implementing water conservation agreements that are in existence on the date of enactment of this Act [ Dec. 16, 2014 ]. Funds in the Upper Colorado River Basin Fund established by section 5 of the Colorado River Storage Project Act ( 43 U.S.C. 620d ) and the Lower Colorado River Basin Development Fund established by section 403 of the Colorado River Basin Project Act ( 43 U.S.C. 1543 ) shall not be used to carry out this section; and the authority to fund these pilot projects through grants shall terminate on September 30, 2024 : Provided , That the Secretary shall not fund pilot projects in the Upper Colorado River Basin without the participation of the Upper Colorado River Division States, acting through the Upper Colorado River Commission. Not later than September 30, 2025 , the Secretary shall submit to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate a report evaluating the effectiveness of the pilot projects described in subsection (a) and a recommendation to Congress whether the activities undertaken by the pilot projects should be continued.” the Boulder Canyon Project Act ( 43 U.S.C. 617 et seq.); the Boulder Canyon Project Adjustment Act ( 54 Stat. 774 , chapter 643) [ 43 U.S.C. 618 et seq.]; the Act of April 11, 1956 (commonly known as the ‘Colorado River Storage Project Act’) ( 43 U.S.C. 620 et seq.); the Act of September 30, 1968 (commonly known as the ‘Colorado River Basin Project Act’) ( 82 Stat. 885 ) [ 43 U.S.C. 1501 et seq.]; Public Law 87–483 ( 76 Stat. 96 ) [former 43 U.S.C. 615ii et seq.]; the Treaty between the United States of America and Mexico respecting utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington February 3, 1944 ( 59 Stat. 1219 ); the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 ( 46 Stat. 3000 ); the Compact; the Act of April 6, 1949 ( 63 Stat. 31 , chapter 48); the Jicarilla Apache Tribe Water Rights Settlement Act ( 106 Stat. 2237 ); or section 205 of the Energy and Water Development Appropriations Act, 2005 ( 118 Stat. 2949 ).” Except to the extent that any provision of the Agreement conflicts with this subtitle [subtitle B (§§ 10301–10704) of title X of Pub. L. 111–11 , see Effect on Federal Water Law note above], Congress approves, ratifies, and confirms the Agreement (including any amendments to the Agreement that are executed to make the Agreement consistent with this subtitle). any exhibits to the Agreement requiring the signature of the Secretary; and any amendments to the Agreement necessary to make the Agreement consistent with this subtitle. The Secretary may carry out any action that the Secretary determines is necessary or appropriate to implement the Agreement, the Contract, and this section. The State of New Mexico may administer water that has been released from storage in Navajo Reservoir in accordance with subparagraph 9.1 of the Agreement. Water shall be made available annually under the Contract for projects in the State of New Mexico supplied from the Navajo Reservoir and the San Juan River (including tributaries of the River) under New Mexico State Engineer File Numbers 2849, 2883, and 3215 in the quantities described in subparagraph (B). The quantities of water referred to in subparagraph (A) are as follows: Diversion (acre-feet/year) Depletion (acre-feet/year) Navajo Indian Irrigation Project 508,000 270,000 Navajo-Gallup Water Supply Project 22,650 20,780 Animas-La Plata Project 4,680 2,340 Total 535,330 293,120 A diversion of water to the Nation under the Contract for a project described in subparagraph (B) shall not exceed the quantity of water necessary to supply the amount of depletion for the project. The diversion and use of water under the Contract shall be subject to and consistent with the terms, conditions, and limitations of the Agreement, this subtitle, and any other applicable law. consistent with the Agreement; and in the interest of conserving water or facilitating beneficial use by the Nation or a subcontractor of the Nation. the depletion of water does not exceed the quantities described in paragraph (1); and the use of tail water, wastewater, or return flows is consistent with the terms, conditions, and limitations of the Agreement, and any other applicable law; and the change or transfer is subject to and consistent with the terms of the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Contract, and any other applicable law; and a change or transfer of water use by the Nation does not alter any obligation of the United States, the Nation, or another party to pay or repay project construction, operation, maintenance, or replacement costs under this subtitle and the Contract. The Nation may enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in the State of New Mexico (on or off land held by the United States in trust for the Nation or a member of the Nation or land held in fee by the Nation). A subcontract entered into under subparagraph (A) shall not be effective until approved by the Secretary in accordance with this subsection and the Contract. The Nation shall submit to the Secretary for approval or disapproval any subcontract entered into under this subsection. the date that is 180 days after the date on which the subcontract is submitted to the Secretary; and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ); and any other requirement of Federal law. A party to a subcontract may enforce the deadline described in subparagraph (D) under section 1361 of title 28 , United States Code. A subcontract described in subparagraph (A) shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, and any other applicable law. The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection. The Nation shall not permanently alienate any right granted to the Nation under the Contract. The term of any water use subcontract (including a renewal) under this subsection shall be not more than 99 years. provides congressional authorization for the subcontracting rights of the Nation; and is deemed to fulfill any requirement that may be imposed by section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). The nonuse of the water supply secured by a subcontractor of the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. No part of the revenue from a water use subcontract under this subsection shall be distributed to any member of the Nation on a per capita basis. is decreed to the Nation under the Agreement; and is not subject to the Contract. In carrying out an action under this subsection, the Nation shall comply with the Agreement, the Partial Final Decree described in paragraph 3.0 of the Agreement, the Supplemental Partial Final Decree described in paragraph 4.0 of the Agreement, and any other applicable law. The Nation shall not permanently alienate any right granted to the Nation under the Agreement. The term of any water use lease, contract, or other arrangement (including a renewal) under this subsection shall be not more than 99 years. The Secretary shall not be liable to any party, including the Nation, for any term of, or any loss or other detriment resulting from, a lease, contract, or other agreement entered into pursuant to this subsection. provides congressional authorization for the lease, contracting, and transfer of any water right described in paragraph (1)(A); and is deemed to fulfill any requirement that may be imposed by the provisions of section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). The nonuse of a water right of the Nation by a lessee or contractor to the Nation under this subsection shall not result in forfeiture, abandonment, relinquishment, or other loss of any part of a right decreed to the Nation under the Contract or this section. Not later than December 31, 2010 , the Secretary shall execute the Agreement. Not later than December 31, 2010 , the Secretary and the Nation shall execute the Contract. Not later than December 31, 2013 , the court in the stream adjudication shall have entered the Partial Final Decree described in paragraph 3.0 of the Agreement. Not later than December 31, 2016 , the rehabilitation construction of the Fruitland-Cambridge Irrigation Project authorized under section 10607(a)(1) [ 123 Stat. 1394 ] shall be completed. Not later than December 31, 2016 , the court in the stream adjudication shall enter the Supplemental Partial Final Decree described in subparagraph 4.0 of the Agreement. Not later than December 31, 2019 , the rehabilitation construction of the Hogback-Cudei Irrigation Project authorized under section 10607(a)(2) [ 123 Stat. 1394 ] shall be completed. Not later than December 31, 2019 , the United States shall make all deposits into the Trust Fund under section 10702 [ 123 Stat. 1402 ]. Not later than December 31, 2019 , the funds authorized to be appropriated under section 10609(b)(1) [ 123 Stat. 1395 ] for the conjunctive use wells authorized under section 10606(b) [ 123 Stat. 1393 ] should be appropriated. Not later than December 31, 2024 , the construction of all Project facilities shall be completed. A deadline described in subparagraph (A) may be extended if the Nation, the United States (acting through the Secretary), and the State of New Mexico (acting through the New Mexico Interstate Stream Commission) agree that an extension is reasonably necessary. If the Nation determines that a deadline described in paragraph (1)(A) is not substantially met, the Nation may submit to the court in the stream adjudication a petition to enter an order terminating the Agreement. the Trust Fund shall be terminated; the balance of the Trust Fund shall be deposited in the general fund of the Treasury; the authorizations for construction and rehabilitation of water projects under this subtitle shall be revoked and any Federal activity related to that construction and rehabilitation shall be suspended; and this part and parts I and III [parts IV (§§ 10701–10704), I (§§ 10401–10403), and III (§§ 10601–10609) of subtitle B of title X of Pub. L. 111–11 , enacting former section 615jj and section 620n–1 of this title , amending this section, former section 615ss, and section 620 o of this title, repealing former section 615jj of this title , and enacting provisions set out as notes under this section] shall be null and void. If a condition described in subparagraph (B) occurs, the Agreement shall not be nullified or terminated. A lack of right to divert at the capacities of conjunctive use wells constructed or rehabilitated under section 10606 [ 123 Stat. 1392 ]. to determine or resolve an accounting of the use of water under this subtitle in the State of Arizona; to obtain a necessary water right for the consumptive use of water in Arizona; to contract for the delivery of water for use in Arizona; or to construct and operate a lateral facility to deliver water to a community of the Nation in Arizona, under the Project. Except as provided in paragraph (2), nothing in the Agreement, the Contract, or this section quantifies or adversely affects the land and water rights, or claims or entitlements to water, of any Indian tribe or community other than the rights, claims, or entitlements of the Nation in, to, and from the San Juan River Basin in the State of New Mexico. The right of the Nation to use water under water rights the Nation has in other river basins in the State of New Mexico shall be forborne to the extent that the Nation supplies the uses for which the water rights exist by diversions of water from the San Juan River Basin under the Project consistent with subparagraph 9.13 of the Agreement.”