43 U.S.C. § 1573 : US Code - Section 1573: Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs

Search 43 U.S.C. § 1573 : US Code - Section 1573: Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs

(a) The Secretary is authorized to:
(1) Construct, operate, and maintain, consistent with Minute
No. 242, well fields capable of furnishing approximately one
hundred and sixty thousand acre-feet of water per year for use in
the United States and for delivery to Mexico in satisfaction of
the 1944 Mexican Water Treaty.
(2) Acquire by purchase, eminent domain, or exchange, to the
extent determined by him to be appropriate, approximately twenty-
three thousand five hundred acres of lands or interests therein
with approximately five miles of the Mexican border on the Yuma
Mesa: Provided, however, That any such lands which are presently
owned by the State of Arizona may be acquired or exchanged for
Federal lands.
(3) Any lands removed from the jurisdiction of the Yuma Mesa
Irrigation and Drainage District pursuant to clause (2) of this
subsection which were available for use under the Gila
Reauthorization Act (61 Stat. 628) [43 U.S.C. 613 et. seq.],
shall be replaced with like lands within or adjacent to the Yuma
Mesa division of the project. In the development of these
substituted lands or any other lands within the Gila project, the
Secretary may provide for full utilization of the Gila Gravity
Main Canal in addition to contracted capacities.
(4) Effective October 1, 1979, and to such extent and in such
amounts as are provided in advance in appropriation Acts, enter
into contracts under the terms and conditions of the Act of June
17, 1902 (43 U.S.C. 371 et seq.) as amended and supplemented for
the delivery of water from said well field to entities within the
United States for municipal and industrial or irrigation
purposes: Provided, That such contracts for municipal and
industrial purposes shall contain terms and conditions as
substantially provided in section 485h(c)(1) of this title, and
that contracts for replacement irrigation water supplies to
prevent damage to existing water users on privately developed
lands include water charges no greater than if such water users
had continued to pump their own wells without the United States
lowering the water table and that the acreage limitation and
related provisions of the Reclamation Law [43 U.S.C. 371 et seq.]
will not be applicable to such privately developed lands:
Provided further, That no contract shall be entered which will
impair the ability of the United States to continue to deliver to
Mexico on the land boundary at San Luis and in the Limitrophe
Section of the Colorado River downstream from Morelos Dam
approximately one hundred and forty thousand acre-feet annually,
consistent with the terms contained in Minute No. 242 of the
IBWC.
(b) The cost of work provided for in this section, including
delivery of water to Mexico, shall be nonreimbursable; except to
the extent that the waters furnished are used in the United States.