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TITLE XII-WATER RESOURCES

1. Basic Water and Sewer Facilities

42 U.S.C. 3101-3108

(See Basic Water and Sewer Facilities under title IX Pollution Control, Financing)

2. Boundary Water Commission-Mexico

22 U.S.C. 277d-12 through 277d-16

§ 277d-12. Expenditures for flood lighting, rescue operations, repairs or restoration of flood control works threatened or destroyed by floodwaters of Rio Grande.

On and after June 20, 1956, in addition to the funds available under the appropriation "Rio Grande emergency flood protection", the United States Commissioner is authorized to expend from any appropriation available to the International Boundary and Water Commission, United States and Mexico, American Section, such sums as may be necessary for prosecution of emergency flood fighting and rescue operations, repairs or restoration of any flood control works threatened or destroyed by floodwaters of the Rio Grande. (June 20, 1956, ch. 414, title I, § 101, 70 Stat. 302.)

§ 277d-13. Authorization for international storage dam on the Rio Grande.

The Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is hereby authorized to conclude with the appropriate official or officials of the Government of Mexico an agreement for the joint construction, operation, and maintenance by the United States and Mexico, in accordance with the provisions of the treaty of February 3, 1944, with Mexico, of a major international storage dam on the Rio Grande at the site and having substantially the characteristics described in minute numbered 207 adopted June 19, 1958, by the said Commission, and in the "Rio Grande International Storage Dams Project-Report on Proposed Dam and Reservoir" prepared by the United States Section of the said Commission and dated September 1958. (Pub. L. 86–605, § 1, July 7, 1960, 74 Stat. 360.) § 277d-14. Same; construction, operation, and maintenance on self-liquidating basis of facilities for generating hydroelectric energy.

If agreement is concluded pursuant to section 277d-13 of this title for the construction of a major international storage dam the Secretary of State,

acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is authorized to conclude with the appropriate official or officials of Mexico an agreement consistent with article 7 of the treaty of February 3, 1944, for the construction, operation, and maintenance on a self-liquidating basis, for the United States share, of facilities for generating hydroelectric energy at said dam.

If agreement for the construction of separate facilities for generating hydroelectric energy is concluded, the United States Commissioner, International Boundary and Water Commission, United States and Mexico, is directed to construct, operate, and maintain such self-liquidating facilities for the United States. (Pub. L. 86-605, § 2, July 7, 1960, 74 Stat. 360.)

§ 277d-15. Same; integration of operation of dam with other United States water conservation activities. If a dam is constructed pursuant to an agreement concluded under the authorization granted by section 277d-13 of this title, its operation for conservation and release of United States share of waters shall be integrated with other United States water conservation activities on the Rio Grande below Fort Quitman, Texas, in such manner as to provide the maximum feasible amount of water for beneficial use in the United States with the understandings that (a) releases of United States share of waters from said dam for domestic, municipal, industrial, and irrigation uses in the United States shall be made pursuant to order by the appropriate authority or authorities of the State of Texas, and (b) the State of Texas having stipulated that the amount of water that will be available for use in the United States below Falcon Dam after the proposed dam is placed in operation will be not less than the amount available under existing conditions of river development, and to carry out such understandings and said stipulation the conservation storage of said dam shall be used, and it shall be the exclusive responsibility of the appropriate authority or authorities of said State to distribute available United

States share of waters of the Rio Grande in such manner as will comply with said stipulation. L. 86-605, § 3, July 7, 1960, 74 Stat. 360.)

(Pub.

§ 277d-16. Same; authorization of appropriations. There is hereby authorized to be appropriated to

the Department of State for the use of the United States Section, International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to carry out the provisions of sections 277d-13 to 277d-16 of this title. (Pub. L. 86-605, § 4, July 7, 1960, 74 Stat. 361.)

3. Chamizal Boundary Settlement 22 U.S.C. 277d-17 through 277d-25

§ 277d-17. Chamizal boundary settlement; investigations relating to river channel; acquisition of lands; relocation of facilities.

In connection with the convention between the United States of America and the United Mexican States for the solution of the problem of the Chamizal, signed August 29, 1963, the Secretary of State, acting through the United States Commissioner, International Boundary and Water Cominission, United States and Mexico, is authorized

a. to conduct technical and other investigations relating to: the demarcation or monumentation of the boundary between the United States and Mexico; flood control; water resources; sanitation and prevention of pollution; channel relocation, improvement, and stabilization; and other matters related to the new river channel.

b. to acquire by donation, purchase, or condemnation, all lands required

(1) for transfer to Mexico as provided in said convention;

(2) for construction of that portion of the new river channel and the adjoining levee in the territory of the United States;

(3) for relocation of highways, roadways, railroads, telegraph, telephone, electric transmission lines, bridges, related facilities, and any publicly owned structure or facility, the relocation of which, in the judgment of the said Commissioner, is necessitated by the project. c. For the purpose of effecting said relocations(1) to perform any or all work involved in said relocations;

(2) to enter into contracts with the owners of properties to be relocated whereby they undertake to acquire any or all properties needed for said relocations, or undertake to perform any or all work involved in said relocations;

(3) to convey or exchange properties acquired or improved by the United States under sections 277d-17 to 277d-25 of this title or under said convention, with or without improvements, or to grant term or perpetual easements therein or thereover.

(Pub. L. 88-300, § 1, Apr. 29, 1964, 78 Stat. 184.)

§ 277d-18. Same; construction, operation, and maintenance of works.

The United States Commissioner is authorized to construct, operate, and maintain all works provided for in said convention and sections 277d-17 to 277d

25 of this title, and to turn over the operation and maintenance of any such works to any Federal agency, or any State, county, municipality, district, or other political subdivision within which such project or works may be in whole or in part situated, upon such terms, conditions, and requirements as the Commissioner may deem appropriate. (Pub. L. 88-300, § 2, Apr. 29, 1964, 78 Stat. 184.)

§ 277d-19. Same; compensation of owners and tenants to prevent economic injury; regulations. The United States Commissioner, under regulations approved by the Secretary of State, and upon application of the owners and tenants of lands to be acquired by the United States to fulfill and accomplish the purposes of said convention, and to the extent administratively determined by the Commissioner to be fair and reasonable, is authorized to

Limitation; statements.

a. Reimburse the owners and tenants for expenses and other losses and damages incurred by them in the process and as a direct result of such moving of themselves, their families, and their possessions as is occasioned by said acquisition: Provided, That the total of such reimbursement to the owners and tenants of any parcel of land shall in no event exceed 25 per centum of its fair value, as determined by the Commissioner. payment under this subsection shall be made unless application therefor is supported by an itemized and certified statement of the expenses, losses, and damages incurred.

No

Reimbursement of claims relating to abodes, commercial properties, business losses, and penalty costs; board of examiners; personnel, hearings, determination of claims, approval by Commissioner.

b. Compensate the said owners and tenants for identifiable, reasonable, and satisfactorily proved costs and losses to owners and tenants over and above those reimbursed under the foregoing subsection in the categories hereinafter provided, and for which purpose there shall be established by the Commissioner a board of examiners, consisting of such personnel employed and compensation fixed as he deems advisable, without regard to the provisions of the civil service laws and chapter 51 and subchapter III of chapter 53 of Title 5. Said board may hold hearings and shall examine submitted evidence and make determinations, subject to the Commissioner's approval, regarding all claims in said categories as follows:

(i) For properties

(a) For nonconforming abodes and minimum 'forms of shelter for which there are no comparable properties on the market in the city of El Paso and concerning which fair market value would be inadequate to find minimum housing of equal utility, compensation to the owner up to an amount which when added to the market value allowed for his property, including land values, would enable purchase of minimum habitable housing of similar utility in another residential section of said city.

(b) For commercial properties for which there are no comparable properties on the market in or near El Paso, Texas, compensation to the owner up to an amount which, when added to the total fair market value, including the land value, would compensate the owner for the "value in use" of the real estate to him. Such "value in use" is to be determined on the basis of replacement cost less deterioration and obsolescence in existing real estate and taking into consideration factors bearing upon income attributable to the real estate.

(2) For loss in business:

(a) Loss of profits directly resulting from relocation, limited to the period between termination of business in the old location and commencement of business in the new, such period not to exceed thirty days.

(b) Loss to owner resulting from inability to rent to others housing or commercial space that can be reasonably related to uncertainties arising out of the pending acquisition of the owner's property by the United States, such losses limited to those incurred after July 18, 1963, and prior to the making by the United States of a firm offer to purchase.

(3) For penalty costs to property owners for prepayment of mortgages incident to acquisition of the properties by the United States.

(Pub. L. 88-300, § 3, Apr. 29, 1964, 78 Stat. 184.)

§ 277d-20. Same; limitation on application for reimbursement or compensation.

Application for reimbursement or compensation under section 277d-19 of this title shall be submitted to the Commissioner within either one year from the date of acquisition or the date of vacating the premises by the applicant, whichever date is later. Applications not submitted within said period shall be forever barred. (Pub. L. 88-300, § 4, Apr. 29, 1964, 78 Stat. 185.)

§ 277d-21. Same; attorneys' fees; penalties.

The Commissioner, in rendering an award in favor of any claimant under section 277d-19 of this title, may, as part of such award, determine and allow reasonable attorneys' fees which shall not exceed 10 per centum of the amount awarded, to be paid out of but not in addition to the amount of award, to the attorneys representing the claimant. Any attorney who charges, demands, receives, or collects for services rendered in connection with such claim any amount in excess of that allowed by the terms of this section, if award be made, shall be fined not more

than $2,000 or imprisoned not more than one year, or both. (Pub. L. 88-300, § 5, Apr. 29, 1964, 78 Stat. 185.)

§ 277d-22. Same; prohibition against duplicate payments; eligibility for payments unaffected by means employed for acquisition of property; rights and powers unaffected.

Payments to be made as herein provided shall be in addition to, but not in duplication of, any payments that may otherwise be authorized by law. The means employed to acquire the property, whether by condemnation or otherwise, shall not affect eligibility for reimbursement or compensation under sections 277d-17 to 277d-25 of this title. Nothing contained in such sections shall be construed as creating any legal right or cause of action against the United States or as precluding the exercise by the Government of the right of eminent domain or any other right or power that it may have under such sections or any other law; nor shall such sections be construed as precluding an owner or tenant from asserting any rights he may have under other laws or the Constitution of the United States. (Pub. L. 88-300, §6, Apr. 29, 1964, 78 Stat. 186.)

§ 277d-23. Same; taxation; exclusion from gross income.

No amount received as an award under subsection a. and subsections b. (1) and (3) of section 277d-19 of this title shall be included in gross income for purposes of chapter 1 of Title 26. However, amounts received under subsection b. (1) shall be included in gross income to the extent that such amounts are not used within one year of the receipt thereof to purchase replacement housing or facilities. (Pub. L. 88-300, § 7, Apr. 29, 1964, 78 Stat. 186.)

§ 277d-24. Same; definitions; exemption from operations of Administrative Procedure Act.

As used in sections 277d-17 to 277d-25 of this title, the term "land" shall include interests in land, and the term "fair value" shall mean fair value of the interest acquired. The provisions of such sections shall be exempt from the operations of the Administrative Procedure Act of June 11, 1946, as amended. (Pub. L. 88-300, § 8, Apr. 29, 1964, 78 Stat. 186.)

§ 277d-25. Same; authorization of appropriations.

There are authorized to be appropriated to the Department of State for the use of the United States section of said Commission not to exceed $44,900,000 to carry out the provisions of said convention and sections 277d-17 to 277d-25 of this title and for transfer to other Federal agencies to accomplish by them or other proper agency relocation of their facilities necessitated by the project. Of the appro

priations authorized by this section, not to exceed $4,200,000 may be used to carry out the provisions of section 277d-19 of this title. The provisions of section 277d-3 of this title are hereby expressly extended to apply to the carrying out of the provisions of said convention and sections 277d-17 to 277d-25 of this title. (Pub. L. 88-300, § 9, Apr. 29, 1964, 78 Stat. 186.)

4. Coastal Zone Management

16 U.S.C. 1451-1464

(See Coastal Zone Management under title VIII Oceanography)

5. Colorado River Basin Salinity Control
43 U.S.C. 1571-1599

SUBCHAPTER I.-PROGRAMS DOWNSTREAM FROM

Sec.

IMPERIAL DAM

1571. Water quality improvement.

(a) Authority to proceed with program.

(b) Desalting complexes and plants.

(c) Replacement water studies.

(d) Advancement of funds for that portion of
bypass drain within Mexico.

(e) Desalted water exchange.
(f) Return flow reduction.

(g) Disposal of acquired lands.

(h) Assistance to water users for installation of
system improvements.

(1) Contract amendment.

(1) Acquisition of land for storage.

(k) Transfer of funds.

(1) Nonreimbursable costs.

1572. Canal or canal lining.

(a) Authorization of construction.

(b) Repayment.

(c) Acquisition of private lands.

(d) Credit to Imperial Irrigation District against
final payments for relinquished capacity

in Coachella Canal.

(e) Transfer of lands to Cocopah Tribe of Indians. 1573. Construction and maintenance of well fields; land acquisition; land replacement; nonreimbursable costs.

1574. Modification of projects.

1575. Contract authority.

1576. Interagency cooperation.

1577. Existing Federal laws not modified.

1578. Authorization of appropriations.

SUBCHAPTER II.-MEASURES UPSTREAM FROM
IMPERIAL DAM

1591. Implementation of salinity control policy.
1592. Authorization to construct, operate, and maintain
salinity control units.

1593. Planning reports; research and demonstration
projects.

1594. Colorado River Basin Salinity Control Advisory

Council.

1595. Allocation, payment, and repayment of costs; ad-
justment of electrical energy rates.
1596. Biennial report to President, Congress, and Advisory
Council.

1597. Construction of provisions of subchapter.
1598. Modification of projects; contract authority; au-
thorization of appropriations.

1599. Definitions.

SUBCHAPTER I.-PROGRAMS DOWNSTREAM
FROM IMPERIAL DAM

§ 1571. Water quality improvement.
(a) Authority to proceed with program.

The Secretary of the Interior, hereinafter referred to as the "Secretary", is authorized and directed to proceed with a program of works of improvement for the enhancement and protection of the quality of

water available in the Colorado River for use in the
United States and the Republic of Mexico, and to
enable the United States to comply with its obliga-
tions under the agreement with Mexico of August 30,
1973 (Minute No. 242 of the International Boundary
and Water Commission, United States and Mexico),
concluded pursuant to the Treaty of February 3, 1944
(TS 994), in accordance with the provisions of this
chapter.

(b) Desalting complexes and plants.

(1) The Secretary is authorized to construct, operate, and maintain a desalting complex, including (1) a desalting plant to reduce the salinity of drain water from the Wellton-Mohawk division of the Gila project, Arizona (hereinafter referred to as the division), including a pretreatment plant for settling, softening, and filtration of the drain water to be desalted; (2) the necessary appurtenant works including the intake pumping plant system, product waterline, power transmission facilities, and permanent operating facilities; (3) the necessary extension in the United States and Mexico of the existing bypass drain to carry the reject stream from the desalting plant and other drainage waters to the Santa Clara Slough in Mexico, with the part in Mexico, subject to arrangements made pursuant to subsection (d) of this section; (4) replacement of the metal flume in the existing main outlet drain extension with a concrete siphon; (5) reduction of the quantity of irrigation return flows through acquisition of lands to reduce the size of the division, and irrigation efficiency improvements to minimize return flows; (6) acquire on behalf of the United States such lands or interest in lands in the Painted Rock Reservoir as may be necessary to operate the project in accordance with the obligations of Minute No. 242, and (7) all associated facilities including roads, railroad

spur, and transmission lines.

(2) The desalting plant shall be designed to treat approximately one hundred and twenty-nine million gallons a day of drain water using advanced technology commercially available. The plant shall effect recovery initially of not less than 70 per centum of the drain water as product water, and shall effect reduction of not less than 90 per centum of the dissolved solids in the feed water. The Secretary shall use sources of electric power supply for the desalting complex that will not diminish the supply of power to preference customers from Federal power systems operated by the Secretary. All costs associated with the desalting plant shall be nonreimbursable.

(c) Replacement water studies.

Replacement of the reject stream from the desalting plant and of any Wellton-Mohawk drainage water bypassed to the Santa Clara Slough to accomplish essential operation except at such times when there exists surplus water of the Colorado River under the terms of the Mexican Water Treaty of 1944, is recognized as a national obligation as provided in section 1512 of this title. Studies to identify feasible measures to provide adequate replacement water shall be completed not later than June 30, 1980. Said studies shall be limited to potential sources within the States of Arizona, California, Colorado, New Mexico, and those portions of Nevada, Utah, and Wyoming which are within the natural drainage basin of the Colorado River. Measures found necessary to replace the reject stream from the desalting plant and any Wellton-Mohawk drainage bypassed to the Santa Clara Slough to accomplish essential operations may be undertaken independently of the national obligation set forth in section 1512 of this title.

(d) Advancement of funds for that portion of bypass drain within Mexico.

The Secretary is hereby authorized to advance funds to the United States section, International Boundary and Water Commission (IBWC), for construction, operation, and maintenance by Mexico pursuant to Minute No. 242 of that portion of the bypass drain within Mexico. Such funds shall be transferred to an appropriate Mexican agency, under arrangements to be concluded by the IBWC providing for the construction, operation, and maintenance of such facility by Mexico.

(e) Desalted water exchange.

Any desalted water not needed for the purposes of this subchapter may be exchanged at prices and under terms and conditions satisfactory to the Secretary and the proceeds therefrom shall be deposited in the General Fund of the Treasury. The city of Yuma, Arizona, shall have first right of refusal to any such water.

(f) Return flow reduction.

For the purpose of reducing the return flows from the division to one hundred and seventy-five thousand acre-feet or less, annually, the Secretary is authorized to:

(1) Accelerate the cooperative program of Irrigation Management Services with the WelltonMohawk Irrigation and Drainage District, hereinafter referred to as the district, for the purpose of improving irrigation efficiency. The district shall bear its share of the cost of such program as determined by the Secretary.

(2) Acquire by purchase or through eminent domain or exchange, to the extent determined by him to be appropriate, lands or interests in lands to reduce the existing seventy-five thousand developed and undeveloped irrigable acres authorized by the Gila Reauthorization Act. The initial reduction in irrigable acreage shall be limited to ap

proximately ten thousand acres. If the Secretary determines that the irrigable acreage of the division must be reduced below sixty-five thousand acres of irrigable lands to carry out the purpose of this section, the Secretary is authorized, with the consent of the district, to acquire additional lands, as may be deemed by him to be appropriate. (g) Disposal of acquired lands.

The Secretary is authorized to dispose of the acquired lands and interests therein on terms and conditions satisfactory to him and meeting the objective of this chapter.

(h) Assistance to water users for installation of system improvements.

The Secretary is authorized, either in conjunction with or in lieu of land acquisition, to assist water users in the division in installing system improvements, such as ditch lining, change of field layouts, automatic equipment, sprinkler systems and bubbler systems, as a means of increasing irrigation efficiencies: Provided, however, That all costs associated with the improvements authorized herein and allocated to the water users on the basis of benefits received, as determined by the Secretary, shall be reimbursed to the United States in amounts and on terms and conditions satisfactory to the Secretary.

(i) Contract amendment.

The Secretary is authorized to amend the contract between the United States and the district dated March 4, 1952, as amended, to provide that—

(1) the portion of the existing repayment obligation owing to the United States allocable to irrigable acreage eliminated from the division for the purposes of this subchapter, as determined by the Secretary, shall be nonreimbursable and

(2) if deemed appropriate by the Secretary, the district shall be given credit against its outstanding repayment obligation to offset any increase in operation and maintenance assessments per acre which may result from the district's decreased operation and maintenance base, all as determined by the Secretary.

(j) Acquisition of land for storage.

The Secretary is authorized to acquire through the Corps of Engineers fee title to, or other necessary interests in. additional lands above the Painted Rock Dam in Arizona that are required for the temporary storage capacity needed to permit operation of the dam and reservoir in times of serious flooding in accordance with the obligations of the United States under Minute No. 242. No funds shall be expended for acquisition of land or interests therein until it is finally determined by a Federal court of competent jurisdiction that the Corps of Engineers presently lacks legal authority to use said lands for this purpose. Nothing contained in this subchapter nor any action taken pursuant to it shall be deemed to be a recognition or admission of any obligation to the owners of such land on the part of the United States or a limitation or deficiency in the rights or powers

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