1851 SOUTHERN NEVADA WATER PROJECT An act to authorize the Secretary of the Interior to construct, operate, and maintain the Southern Nevada water project, Nevada, and for other purposes. (Act of October 22, 1965, Public Law 89-292, 79 Stat. 1068) [Sec. 1. Construction-Water principally for municipal and industrial use— Principal features.]-The Secretary of the Interior is authorized to construct, operate, and maintain the Southern Nevada water project, Nevada, in accordance with the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), except as those laws are inconsistent with this Act, for the principal purpose of delivering water for municipal and industrial use. The principal features of the Southern Nevada water project shall consist of intake facilities, pumping plants, aqueduct and laterals, transmission lines, substations, and storage and regulatory facilities required to provide water from Lake Mead on the Colorado River for distribution to municipalities and industrial centers within Clark County, Nevada. (79 Stat. 1068; 43 U.S.C. § 616ggg) Sec. 2. [Cost allocations.]—(a) The Secretary shall make appropriate allocations of project costs to municipal and industrial water supply and, if appropriate, to fish and wildlife and recreation: Provided, That all operation and maintenance costs for the Southern Nevada water project shall be allocated to municipal and industrial water supply. Construction costs of the River Mountains dam and reservoir allocated to fish and wildlife and recreation shall be nonreimbursable in accordance with the Federal Water Project Recreation Act (79 Stat. 213). EXPLANATORY NOTE the text, appears herein in chronological order. Reference in the Text. The Federal Water Project Recreation Act (79 Stat. 213), enacted July 9, 1965, referred to in (b) Allocations of project costs made to municipal and industrial water supply shall be repayable to the United States in not more than fifty years under either the provisions of the Federal reclamation laws or under the provisions of Water Supply Act of 1958 (title III of Public Law 85-500, 72 Stat. 319 and Acts amendatory thereof or supplementary thereto): Provided, That, in either case, repayment of costs allocated to municipal and industrial water supply shall include interest on the unamortized balance of such allocations at a rate equal to the average rate (which rate shall be certified by the Secretary of the Treasury) paid by the United States on its marketable long-term securities outstanding on the date of this Act and adjusted to the nearest one-eighth of 1 per centum. (79 Stat. 1068; 43 U.S.C. § 616hhh) EXPLANATORY NOTE Reference in the Text. The Water Supply Act of 1958 (Title III of Public Law 85-500, 72 Stat. 319 and Acts amendatory thereof or supplementary thereto), referred to in the text, was enacted July 3, 1958. Extracts therefrom appear herein in chronological order. 1852 SOUTHERN NEVADA WATER PROJECT Sec. 3. [Water delivery and repayment contract.]—(a) The Secretary is authorized to enter into a contract with the State of Nevada, acting through the Colorado River Commission of Nevada or other duly authorized State agency, for the delivery of water and for repayment of the reimbursable construction costs. (b) Construction of the project shall not be commenced until a suitable contract has been executed by the Secretary and the Colorado River Commission or other duly authorized State agency. (c) Such contract may be entered into without regard to the last sentence of section 9, subsection (c), of the Reclamation Project Act of 1939. EXPLANATORY NOTE Cross Reference, Reclamation Project Act of 1939. The last sentence of section 9 (c) of the Reclamation Project Act of August 4, 1939, referred to in the text, provides that no contract for water supply, electric power, etc., may be made if it will impair the efficiency of the project for irrigation purposes. The Act appears herein in chronological order. (d) Upon execution of the contract referred to in section 3(a) above, and upon completion of construction of the project, the Secretary shall transfer to said Colorado River Commission of Nevada or other duly authorized State agency the care, operation, and maintenance of the intake, pumping plants, aqueducts, reservoirs, and related features of the Southern Nevada water project upon the terms and conditions set out in the said contract. EXPLANATORY NOTE Reference in the Text. The Colorado River Commission of Nevada, referred to in the text, is a State authority. Section 16, and note following, of the Boulder Canyon Project Act of December 21, 1928, deal with the rights of such Commissions with respect to the authority of the Secretary of the Interior under the act. The 1928 Act appears herein in chronological order. (e) When all of the costs allocable to reimbursable purposes incurred by the United States on constructing, operating, and maintaining the project, together with appropriate interest charges, have been returned to the United States by the State of Nevada, said State shall have the permanent right to use the intake, pumping plants, aqueducts, reservoirs, and related features of the Southern Nevada water supply project in accordance with said contract. (79 Stat. 1068; 43 U.S.C. § 616iii) Sec. 4. [Construction costs to supply water to defense bases are nonreimburs able.]-Such amount of the costs of construction as are allocated to the furnishing of a water supply to Nellis Air Force Base or other defense installations shall be nonreimbursable. (79 Stat. 1069; 43 U.S.C. § 616jjj) Sec. 5. [Water use subject to previous laws, treaty.]-The use of all water diverted for this project from the Colorado River system shall be subject to and controlled by the Colorado River compact, the Boulder Canyon Project Act (45 Stat. 1057; 43 U.S.C. 617t), and the Mexican Water Treaty (Treaty Series 994) (59 Stat. 1219). (79 Stat. 1069; 43 U.S.C. § 616kkk) SOUTHERN NEVADA WATER PROJECT References in the Text. The Colorado River Compact and the Boulder Canyon Project Act (45 Stat. 1057; 43 U.S.C. 617t), referred to in the text, appear herein in chronological order under the date of 1853 December 21, 1928. The Mexican Water Treaty (Treaty series 994) (59 Stat. 1219), also referred to in the text, appears herein under the date of its signing at Washington, February 3, 1944. Sec. 6. [Intrastate priorities.]—The contract for delivery of water and repayment of reimbursable construction costs of the Southern Nevada Water Project required by section 3 of this Act shall provide that if, within five years from the date of this Act, Basic Management, Inc., or its assignees applies for a contract for the storage and delivery of water in accordance with the provisions of section 5 of the Boulder Canyon Project Act (45 Stat. 1060, as amended; 43 U.S.C. 617d) and the regulations of the Secretary of the Interior issued pursuant to said Act, the rights of the party contracting pursuant to section 3 of this Act shall be subordinate to those of Basic Management, Inc., or its assignees to the extent of 41,266 acre-feet per annum or so much thereof as is required for beneficial consumptive use by it, its right to the storage and delivery of the same having been properly maintained in accordance with the terms of its contract. Nothing contained in this Act shall be construed as affecting the satisfaction of present perfected rights as defined by the decree of the United States Supreme Court in Arizona v. California, 376 U.S. 340. (79 Stat. 1069; Act of July 19, 1966, 80 Stat. 312; 43 U.S.C. § 616) EXPLANATORY NOTES 1966 Amendment. The Act of July 19, 1966, 80 Stat. 312, which appears herein in chronological order, amended section 6 to read as it appears above. The original text of the section follows, as does the statement issued by President Johnson expressing his desire for section 6 to be amended. "SEC. 6. In all water supply contracts for the use of water in Nevada under this Act or section 5 of the Boulder Canyon Project Act (45 Stat. 1057) the Secretary shall recognize the intrastate priorities of water rights to the use of water existing on the date of enactment of this Act: Provided, however, That nothing in this Act shall be construed as validating any right diminished or lost because of abandonment, nonuse, or lack of due diligence, nor shall anything in this Act be construed as affecting the satisfaction of present perfected rights as defined by the decree of the United States Supreme Court in Arizona against California et al. (376 U.S. 340).” Presidential Statement. At the time of signing this bill, President Johnson issued the following statement: "I have approved S. 32, 'To authorize the Secretary of the Interior to construct, operate, and maintain the Southern Nevada water project, Nevada, and for other purposes.' "The Southern Nevada water supply project which would be authorized by this bill consists of a system of distribution pipelines and related facilities to furnish water to Las Vegas, several other Nevada towns, and Nellis Air Force Base. I have supported Federal authorization of this project as the appropriate means for assisting this area to meet its growing water supply problems. "However, during the course of this legislation through the Congress a rider in the form of section 6 was added to it without consultation with any executive agency. "Section 6 provides as follows: 'In all water supply contracts for the use of water in Nevada under this Act or section 5 of the Boulder Canyon Project Act (45 Stat. 1057) the Secretary shall recognize the intrastate priorities of water rights to the use of water existing on the date of enactment of this Act: Provided, however, That nothing in this Act shall be construed as validating any right diminished or lost because of abandonment, nonuse, or lack of due diligence, nor shall anything in this 1854 SOUTHERN NEVADA WATER PROJECT Act be construed as affecting the satisfaction of present perfected rights as defined by the decree of the United States Supreme Court in Arizona against California et al. (376 U.S. 340).' "Although these provisions are couched in general terms, the scant legislative history of the bill indicates that they are intended to be applicable to one company only. While there may be some equities which would justify special consideration for this company, I am advised by the Secretary of the Interior that these provisions might well have a much broader sweep. In fact, it appears that they might affect in unforeseeable ways the water rights of a number of individuals and firms amounting to 60,000 to 70,000 additional acre feet. "In these circumstances I have asked the Secretary of the Interior to develop legisla tion which would amend section 6 to limit its effect to that intended by the Congress. I am confident that those members concerned with this legislation will agree that the uncertainties surrounding the broader than intended effect of section 6 make its amendment desirable." The company referred to is Basic Management, Inc. Sec. 7. [Appropriation.]—There is hereby authorized to be appropriated for construction of the Southern Nevada water project, Nevada, the sum of $81,003,000 (September 1965 prices) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein. (79 Stat. 1069; 43 U.S.C. § 616 mmm) EXPLANATORY NOTE Legislative History. S. 32, Public Law 89-292 in the 89th Congress. Reported in Senate from Interior and Insular Affairs June 15, 1965; S. Rept. No. 332. Passed Senate June 17, 1965. Passed House, amended, October 7, 1965. Senate agrees to House amendment October 7, 1965. Companion bill H.R. 2020. Reported in House from Interior and Insular Affairs September 16, 1965; H.R. Rept. No. 1011. 1855 FLOOD CONTROL ACT OF 1965 [Extracts from] An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes. (Act of October 27, 1965, Public Law 89-298, 79 Stat. 1073) [Permanent pool, John Martin Reservoir.]-The John Martin Reservoir project (formerly known as Caddoa Reservoir), Arkansas River, Colorado, as authorized by the Act of June 22, 1936 (49 Stat. 1570), is modified to authorize and direct the Chief of Engineers to use not to exceed ten thousand acre-feet of reservoir flood control storage space for the purpose of establishing and maintaining a permanent pool for fish and wildlife and recreational purposes, at such times as storage space may not be available for such permanent pool within the conservation pool as defined in article III F, Arkansas River compact (63 Stat. 145) except that (1) The State of Colorado shall purchase and make available any water rights necessary under State law to establish and thereafter maintain the permanent pool. (2) The rights of irrigators in Colorado and Kansas to those waters available to them under the terms of the Arkansas River compact and under the laws of their respective States shall not be diminished or impaired by anything contained in this paragraph. (3) Nothing in this paragraph shall be construed so as to give any preference to the permanent pool over other project purposes. (4) No permanent pool as herein defined shall be maintained except upon written terms and conditions acceptable and agreed to (A) by the Chief of Engineers in the interest of flood control, and (B) by the Colorado State Engineer, the Arkansas River Compact Administration, and the Colorado Water Conservation Board, in the interest of establishing, maintaining, and operating the permanent pool for recreational and fish and wildlife purposes. (5) Nothing in this paragraph shall be construed so as to limit the authority of the Chief of Engineers to operate John Martin Reservoir for the primary purposes of the prevention of floods and the preservation of life and property. (79 Stat. 1078) |