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[Colorado-Big Thompson project-Repayment contracts.]—Colorado-Big Thompson project, Colorado: For construction in accordance with the plan described in Senate Document Numbered 80, Seventy-fifth Congress, $900,000: Provided, That no construction thereof shall be commenced until the repayment of all costs of the project shall, in the opinion of the Secretary of the Interior, be assured by appropriate contracts with water conservancy districts, or irrigation districts or water users' associations organized under the laws of Colorado, or other form of organization satisfactory to the Secretary of the Interior; (50 Stat. 595)

EXPLANATORY NOTES

Authorization. The Colorado-Big Thompson project was authorized by a finding of feasibility by the Secretary of the Interior, approved by the President on December 21, 1937, pursuant to section 4 of the Act of June 25, 1910, and subsection B of section 4 of the Act of December 5, 1924 (Fact Finders' Act). Both the 1910 and 1924 Acts appear herein in chronological order.

Water Rights Decree Entered. A decree was entered on October 12, 1955, in the Federal District Court for the District of Colorado, adjudicating the water rights of

Reimbursement requirements 1
Taxing power of district 2

1. Reimbursement requirements

all parties interested in the water supply for the project and involved in compensating arrangements made to satisfy other water users affected. This decree was modified by a consent decree entered April 16, 1964, in the same court, further clarifying water rights involved. United States v. Northern Colorado Water Conservancy District, Civil Nos. (consolidated) 2782, 5016, 5017. See also section 11 of the Act of April 11, 1956, the Colorado River Storage Project Act, with respect to the effect of the 1955 decree.

NOTES OF OPINIONS

The proviso in the Act of August 9, 1937, 50 Stat. 595, making the initial appropriation for the construction of an irrigation and power project, that "no construction thereof shall be commenced until the repayment of all costs of the project shall . . . be assured by appropriate contracts with water conservancy districts," is for interpretation in the light of the plan referred to in said act, which contemplates reimbursement by irrigation districts of construction costs chargeable to irrigation features of the project only, as distinguished from power features. Thus the appropriation may be considered available for the project-power features as well as ir

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rigation features-upon the execution of such repayment contracts as are necessary to cover repayment of the cost of the irrigation features only. 17 Comp. Gen. 763 (1938)

2. Taxing power of district

The constitutionality of the state Water Conservancy Act was unsuccessfully challenged by a landowner in the Northern Colorado

Water Conservancy District, which was the district organized to execute the repayment contract with the United States. The Court found the requisite public purpose to validate the passing of the Act, and refused to accept plaintiff's argument that the taxing power constituted depriva tion of property without due process of law. People ex rel. Rogers v. Letford, 102 Colo. 284, 79 P. 2d 274 (1938).

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566

INTERIOR DEPARTMENT APPROPRIATION ACT, 1938

[Casper-Alcova project-Protection of water rights and beneficial use in Colorado-Name changed to Kendrick project.]-Casper-Alcova project, Wyoming, $650,000: Provided, That in recognition of the respective rights of both the States of Colorado and Wyoming to the amicable use of the waters of the North Platte River, neither the construction, maintenance, nor operation of said project shall ever interfere with the present vested rights or the fullest use hereafter for all beneficial purposes of the waters of said stream or any of its tributaries within the drainage basin thereof in Jackson County, in the State of Colorado, and the Secretary of the Interior is hereby authorized and directed to reserve the power by contract to enforce such provisions at all times: Provided further, That from and after the passage of this Act, the reclamation project heretofore known as the Casper-Alcova project shall be known and designated on the public records as the Kendrick project, and that the change in the name of said project shall in no wise affect the rights of the State of Wyoming or the State of Colorado or any county, municipality, corporation, association, or person, and all records, surveys, maps, and public documents of the United States or of either of said States in which said project is mentioned or referred to under the name of the Casper-Alcova project shall be held to refer to said project under and by the name of Kendrick project; (50 Stat. 595)

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Sec. 4. [Short title.]—This Act may be cited as the "Interior Department Appropriation Act, 1938." (50 Stat. 616)

EXPLANATORY NOTES

Not Codified. Extracts shown from this Act are not codified in the U.S. Code.

Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts

appear herein only in the act in which first used.

Legislative History. H.R. 6958, Public Law 249 in the 75th Congress. H.R. Rept. No. 786. S. Rept. No. 817. H.R. Rept. No. 1178 (conference report).

567

STUDIES AND PLANS FOR RECLAMATION PROJECTS IN

OKLAHOMA

An act to provide for studies and plans for the development of reclamation projects on. the Cimarron River in Cimarron County, Oklahoma; the Washita River in Oklahoma, and the North Canadian River in Oklahoma. (Act of August 19, 1937, ch. 705, 50 Stat. 718)

[Sec. 1. Surveys and investigations to determine feasibility.]—The Secretary of the Interior is hereby authorized (a) to conduct surveys and investigations in order to determine the feasibility and economic usefulness of the development of reclamation projects embracing certain lands in the Washita River Basin in Oklahoma, and certain lands in the North Canadian River Basin in Oklahoma, and certain lands in the Cimarron River Basin, Cimarron County, Oklahoma, and (b) if such development is determined to be feasible and economically useful, to prepare cost of estimates and designs for the construction of dams at such sites and such additional or incidental facilities as are necessary to carry out such development. (50 Stat. 718)

Sec. 2. [Funds for surveys.]-That any funds appropriated providing for surveys under the Reclamation Act may be used to carry out the provisions of this Act. (50 Stat. 718)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Legislative History. H.R. 7953, Public

Law 324 in the 75th Congress. H.R. Rept
No. 1378. S. Rept. No. 1048.

568

BONNEVILLE PROJECT

An act to authorize the completion, maintenance, and operation of Bonneville project for navigation, and for other purposes. (Act of August 20, 1937, ch. 720, 50 Stat. 731) [Sec. 1. Completion of dam by Secretary of War-Surplus power to be disposed of by Power Administrator.]-For the purpose of improving navigation on the Columbia River, and for other purposes incidental thereto, the dam, locks, power plant, and appurtenant works now under construction at Bonneville, Oregon and North Bonneville, Washington (hereinafter called Bonneville project), shall be completed, maintained, and operated under the direction of the Secretary of War and the supervision of the Chief of Engineers, subject to the provisions of this Act relating to the powers and duties of the Bonneville power administrator provided for in section 2(a) (hereinafter called the administrator) respecting the transmission and sale of electric energy generated at said project. The Secretary of War shall provide, construct, operate, maintain, and improve at Bonneville project such machinery, equipment, and facilities for the generation of electric energy as the administrator may deem necessary to develop such electric energy as rapidly as markets may be found therefor. The electric energy thus generated and not required for the operation of the dam and locks at such project and the navigation facilities employed in connection therewith shall be delivered to the administrator, for disposition as provided in this Act. (50 Stat. 731; 16 U.S.C. § 832)

Sec. 2. [Administrator appointed by Secretary of the Interior-Advisory Board of representatives of War, Interior, Federal Power Commission, and Agriculture departments-Office of Administrator to be an officer of the Department of the Interior-Secretary of War to install necessary machinery— Powers and duties of Administrator.]-(a) The electric energy generated in the operation of the said Bonneville project shall be disposed of by the said administrator as hereinafter provided. The administrator shall be appointed by the Secretary of the Interior; shall be responsible to said Secretary of the Interior; and shall maintain his principal office at a place selected by him in the vicinity of the Bonneville project. The administrator shall, as hereinafter provided, make all arrangements for the sale and disposition of electric energy generated at Bonneville project not required for the operation of the dam and locks at such project and the navigation facilities employed in connection therewith. The form of administration herein established for the Bonneville project is intended to be provisional pending the establishment of a permanent administration for Bonneville and other projects in the Columbia River Basin. The Secretary of War shall install and maintain additional machinery, equipment, and facilities for the generation of electric energy at the Bonneville project when in the judgment of the administrator such additional generating facilities are desirable to meet actual or potential market requirements for such electric energy. The Secretary of War shall schedule the operations of the several electrical generating units and appurtenant equipment of the Bonneville project in accordance

BONNEVILLE PROJECT

569

with the requirements of the administrator. The Secretary of War shall provide and maintain for the use of the administrator at said Bonneville project adequate station space and equipment, including such switches, switchboards, instruments, and dispatching facilities as may be required by the administrator for proper reception, handling, and dispatching of the electric energy produced at the said project, together with transformers and other equipment required by the administrator for the transmission of such energy from that place at suitable voltage to the markets which the administrator desires to serve. The office of the Administrator of the Bonneville project is hereby constituted an office in the Department of the Interior and shall be under the jurisdiction and control of the Secretary of the Interior. All functions vested in the Administrator of the Bonneville project under this Act may be exercised by the Secretary of the Interior and, subject to his supervision and direction, by the Administrator and other personnel of the project.

(b) In order to encourage the widest possible use of all electric energy that can be generated and marketed and to provide reasonable outlets therefor, and to prevent the monopolization thereof by limited groups, the administrator is authorized and directed to provide, construct, operate, maintain, and improve such electric transmission lines and substations, and facilities and structures appurtenant thereto, as he finds necessary, desirable, or appropriate for the purpose of transmitting electric energy, available for sale, from the Bonneville project to existing and potential markets, and, for the purpose of interchange of electric energy, to interconnect the Bonneville project with other Federal projects and publicly owned power systems now or hereafter constructed.

(c) The administrator is authorized, in the name of the United States, to acquire, by purchase, lease, condemnation, or donation, such real and personal property, or any interest therein, including lands, easements, rights-of-way, franchises, electric transmission lines, substations, and facilities and structures appurtenant thereto, as the administrator finds necessary or appropriate to carry out the purposes of this Act. Title to all property and property rights acquired by the administrator shall be taken in the name of the United States.

(d) The administrator shall have power to acquire any property or property rights, including patent rights, which in his opinion are necessary to carry out the purposes of this Act, by the exercise of the right of eminent domain and to institute condemnation proceedings therefor in the same manner as is provided by law for the condemnation of real estate.

(e) The administrator is authorized, in the name of the United States, to sell, lease, or otherwise dispose of such personal property as in his judgment is not required for the purposes of this Act and such real property and interests in land acquired in connection with construction or operation of electric transmission lines or substations as in his judgment are not required for the purposes of this Act: Provided, however. That before the sale, lease, or disposition of real property or transmission lines, as herein provided, the administrator shall secure the approval of the President of the United States.

(f) Subject only to the provisions of this Act, the Administrator is authorized to enter into such contracts, agreements, and arrangements, including the amend

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