[Pine River project-Marshall Ford Dam-Costs not reimbursable under reclamation law.]-For continuation of construction of the following projects. . . in not to exceed the following amounts, respectively, . . . to be reimbursable (except as to the Pine River project, Colorado, and the Colorado River project, Texas) under the reclamation law: * * Pine River project, Colorado, $1,000,000; * * Colorado River project, Texas, $5,000,000, together with the unexpended balance of the appropriation of $2,030,000 under this head in the Interior Department Appropriation Act, fiscal year 1939: Provided, That the Secretary of the Interior by contracts entered into pursuant to the authority of the Act of August 26, 1937 (50 Stat. 844, 850), shall require reimbursement of expenditures for construction of Marshall Ford Dam, to the extent and in the manner determined by him; (53 Stat. 719) WATER CONSERVATION AND UTILITY PROJECTS For construction, in addition to labor and materials to be supplied by the Works Progress Administration, of water conservation and utilization projects, including acquisition of water rights, rights-of-way, and other interests in land, in the Great Plains and arid and semiarid areas of the United States, to be immediately available, $5,000,000, to be allocated by the President, in such amounts as he deems necessary, to such Federal Departments, establishments, and INTERIOR DEPARTMENT APPROPRIATION ACT, 1940 621 other agencies as he may designate, and to be reimbursed to the United States by the water users on such projects in not to exceed forty annual installments: Provided, That expenditures from Works Progress Administration funds shall be subject to such provisions with respect to reimbursability as the President may determine. (53 Stat. 719) EXPLANATORY NOTES Supplementary Provision: Water Conservation and Utilization Act. The Act of August 11, 1939, as amended, provides broadened authority for an extended program of construction and operation of water conservation and utilization projects. The act appears herein in chronological order. Popular Names. The above authority in the appropriation act of May 10, 1939, is variously referred to as the Water Conservation and Utilization Act, the 1940 water conservation appropriation, or the Great Plains projects program. The Act of August 11, 1939, as amended, is variously referred to as the Case-Wheeler Act, the WheelerCase Act, or the Water Conservation and Utilization Act. Projects constructed under both authorities are generally called water conservation and utilization projects and are considered to be part of the same program. Cross Reference, Water Facilities Act. The Act of August 28, 1937, 50 Stat. 869, popularly known as the Water Facilities Act, authorized the Secretary of Agriculture to construct or to assist in the construction of facilities for water storage and utilization in arid and semiarid areas of the United States. The Act of August 17, 1954, 68 Stat. 734, terminated the construction phase of the program, expanded the purposes to include land conservation and improvement projects, authorized the Secretary of Agriculture to make loans and to insure loans for purposes of the Act, and extended the coverage of the program to all of the States and Territories. This authority in turn was repealed and replaced by Title III of the Act of August 8, 1961, Public Law 87-128, 75 Stat. 294, 307, 7 U.S.C. §§ 1921-91. Extracts from this title, which may be cited separately as the Consolidated Farmers Home Administration Act of 1961, appear herein in chronological order. Sec. 5. [Short title.]-This Act may be cited as the "Interior Department Appropriation Act, 1940". (53 Stat. 738) EXPLANATORY NOTES Not Codified. Extracts of this Act shown here 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. 4852, Public Law No. 68, 76th Congress. H.R. Rept. No. 161. S. Rept. No. 282. H.R. Rept. No. 497 (conference report). 622 RIO GRANDE COMPACT An act giving the consent and approval of Congress to the Rio Grande compact signed at Santa Fe, New Mexico, on March 18, 1938. (Act of May 31, 1939, ch. 155, 53 Stat. 785) [Consent of Congress granted.]—The consent and approval of Congress is hereby given to the compact signed by the commissioners for the States of Colorado, New Mexico, and Texas at Santa Fe, New Mexico on March 18, 1938, and thereafter approved by the legislatures of the States of Colorado, New Mexico, and Texas, which compact reads as follows: RIO GRANDE COMPACT The State of Colorado, the State of New Mexico, and the State of Texas, desiring to remove all causes of present and future controversy among these States and between citizens of one of these States and citizens of another State with respect to the use of the waters of the Rio Grande above Fort Quitman, Texas, and being moved by considerations of interstate comity, and for the purpose of effecting an equitable apportionment of such waters, have resolved to conclude a Compact for the attainment of these purposes, and to that end, through their respective Governors, have named as their respective Commissioners: For the State of Colorado-M. C. Hinderlider For the State of New Mexico-Thomas M. McClure For the State of Texas Frank B. Clayton who, after negotiations participated in by S. O. Harper, appointed by the President as the representative of the United States of America, have agreed upon the following articles to-wit: ARTICLE I (a) The State of Colorado, the State of New Mexico, the State of Texas, and the United States of America, are hereinafter designated "Colorado," "New Mexico," "Texas," and the "United States," respectively. (b) "The Commission" means the agency created by this Compact for the administration thereof. (c) The term "Rio Grande Basin” means all of the territory drained by the Rio Grande and its tributaries in Colorado, in New Mexico, and in Texas above Fort Quitman, including the Closed Basin in Colorado. (d) The "Closed Basin" means that part of the Rio Grande Basin in Colorado where the streams drain into the San Luis Lakes and adjacent territory, and do not normally contribute to the flow of the Rio Grande. (e) The term "tributary" means any stream which naturally contributes to the flow of the Rio Grande. (f) "Transmountain Diversion" is water imported into the drainage basin of the Rio Grande from any stream system outside of the Rio Grande Basin, exclusive of the Closed Basin. RIO GRANDE COMPACT 623 (g) "Annual Debits" are the amounts by which actual deliveries in any calendar year fall below scheduled deliveries. (h) “Annual Credits" are the amounts by which actual deliveries in any calendar year exceed scheduled deliveries. (i) "Accrued Debits" are the amounts by which the sum of all annual debits exceeds the sum of all annual credits over any common period of time. (j) "Accrued Credits" are the amounts by which the sum of all annual credits exceeds the sum of all annual debits over any common period of time. (k) "Project Storage" is the combined capacity of Elephant Butte Reservoir and all other reservoirs actually available for the storage of usable water below Elephant Butte and above the first diversion to lands of the Rio Grande Project, but not more than a total of 2,638,860 acre-feet. (1) "Usable Water" is all water, exclusive of credit water, which is in project storage and which is available for release in accordance with irrigation demands, including deliveries to Mexico. (m) "Credit Water" is that amount of water in project storage which is equal to the accrued credit of Colorado, or New Mexico, or both. (n) "Unfilled Capacity" is the difference between the total physical capacity of project storage and the amount of usable water then in storage. (0) "Actual Release" is the amount of usable water released in any calendar year from the lowest reservoir comprising project storage. (p) "Actual Spill" is all water which is actually spilled from Elephant Butte Reservoir, or is released therefrom for flood control, in excess of the current demand on project storage and which does not become usable water by storage in another reservoir; provided, that actual spill of usable water cannot occur until all credit water shall have been spilled. (q) "Hypothetical Spill" is the time in any year at which usable water would have spilled from project storage if 790,000 acre-feet had been released therefrom at rates proportional to the actual release in every year from the starting date to the end of the year in which hypothetical spill occurs; in computing hypothetical spill the initial condition shall be the amount of usable water in project storage at the beginning of the calendar year following the effective date of this Compact, and thereafter the initial condition shall be the amount of usable water in project storage at the beginning of the calendar year following each actual spill. ARTICLE II The Commission shall cause to be maintained and operated a stream gaging station equipped with an automatic water stage recorder at each of the following points, to wit: (a) On the Rio Grande near Del Norte above the principal points of diversion to the San Luis Valley; (b) On the Conejos River near Mogote; (c) On the Los Pinos River near Ortiz; (d) On the San Antonio River at Ortiz; (e) On the Conejos River at its mouths near Los Sauces; 624 RIO GRANDE COMPACT (f) On the Rio Grande near Lobatos; (g) On the Rio Chama below El Vado Reservoir; (h) On the Rio Grande at Otowi Bridge near San Ildefonso; (i) On the Rio Grande near San Acacia; (j) On the Rio Grande at San Marcial; (k) On the Rio Grande below Elephant Butte Reservoir; (1) On the Rio Grande below Caballo Reservoir. Similar gaging stations shall be maintained and operated below any other reservoir constructed after 1929, and at such other points as may be necessary for the securing of records required for the carrying out of the Compact; and automatic water stage recorders shall be maintained and operated on each of the reservoirs mentioned, and on all others constructed after 1929. Such gaging stations shall be equipped, maintained, and operated by the Commission directly or in cooperation with an appropriate Federal or State agency, and the equipment, method and frequency of measurement at such stations shall be such as to produce reliable records at all times. ARTICLE III The obligation of Colorado to deliver water in the Rio Grande at the ColoradoNew Mexico State Line, measured at or near Lobatos, in each calendar year, shall be ten thousand acre feet less than the sum of those quantities set forth in the two following tabulations of relationship, which correspond to the quantities at the upper index stations: (1) Conejos Index Supply is the natural flow of Conejos River at the U.S.G.S. gaging station near Mogote during the calendar year, plus the natural flow of Los Pinos River at the U.S.G.S. gaging station near Ortiz and the natural flow of San Antonio River at the U.S.G.S. gaging station at Ortiz, both during the months of April to October, inclusive. |