§ 1521. — Central Arizona Project.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1521]
TITLE 43--PUBLIC LANDS
CHAPTER 32--COLORADO RIVER BASIN PROJECT
SUBCHAPTER III--AUTHORIZED UNITS; PROTECTION OF EXISTING USES
Sec. 1521. Central Arizona Project
(a) Construction and operation; Hayden-Rhodes Aqueduct and pumping
plants; Orme Dam and Reservoir; Buttes Dam and Reservoir; Hooker
Dam and Reservoir; Charleston Dam and Reservoir; Tucson
aqueducts and pumping plants; Fannin-McFarland Aqueduct; related
and appurtenant works
For the purposes of furnishing irrigation water and municipal water
supplies to the water-deficient areas of Arizona and western New Mexico
through direct diversion or exchange of water, control of floods,
conservation and development of fish and wildlife resources, enhancement
of recreation opportunities, and for other purposes, the Secretary shall
construct, operate, and maintain the Central Arizona Project, consisting
of the following principal works: (1) a system of main conduits and
canals, including a main canal and pumping plants (Hayden-Rhodes
Aqueduct and pumping plants), for diverting and carrying water from Lake
Havasu to Orme Dam or suitable alternative, which system may have a
capacity of 3,000 cubic feet per second or whatever lesser capacity is
found to be feasible: Provided, That any capacity in the Hayden-Rhodes
Aqueduct in excess of 2,500 cubic feet per second shall be utilized for
the conveyance of Colorado River water only when Lake Powell is full or
releases of water are made from Lake Powell to prevent the reservoir
from exceeding elevation 3,700 feet above mean sea level or when
releases are made pursuant to the proviso in section 1552(a)(3) of this
title: Provided further, That the costs of providing any capacity in
excess of 2,500 cubic feet per second shall be repaid by those funds
available to Arizona pursuant to the provision of section 1543(f) of
this title, or by funds from sources other than the development fund;
(2) Orme Dam and Reservoir and power pumping plant or suitable
alternative; (3) Buttes Dam and Reservoir, which shall be so operated as
not to prejudice the rights of any user in and to the waters of the Gila
River as those rights are set forth in the decree entered by the United
States District Court for the District of Arizona on June 29, 1935, in
United States against Gila Valley Irrigation District and others (Globe
Equity Numbered 59); (4) Hooker Dam and Reservoir or suitable
alternative, which shall be constructed in such a manner as to give
effect to the provisions of subsection (f) of section 1524 of this
title; (5) Charleston Dam and Reservoir; (6) Tucson aqueducts and
pumping plants; (7) Fannin-McFarland Aqueduct; (8) related canals,
regulating facilities, hydroelectric powerplants, and electric
transmission facilities required for the operation of said principal
works; (9) related water distribution and drainage works; and (10)
appurtenant works.
(b) Limitation on water diversions in years of insufficient main stream
Colorado River water
Article II(B)(3) of the decree of the Supreme Court of the United
States in Arizona against California (376 U.S. 340) shall be so
administered that in any year in which, as determined by the Secretary,
there is insufficient main stream Colorado River water available for
release to satisfy annual consumptive use of seven million five hundred
thousand acre-feet in Arizona, California, and Nevada, diversions from
the main stream for the Central Arizona Project shall be so limited as
to assure the availability of water in quantities sufficient to provide
for the aggregate annual consumptive use by holders of present perfected
rights, by other users in the State of California served under existing
contracts with the United States by diversion works heretofore
constructed, and by other existing Federal reservations in that State,
of four million four hundred thousand acre-feet of mainstream water, and
by users of the same character in Arizona and Nevada. Water users in the
State of Nevada shall not be required to bear shortages in any
proportion greater than would have been imposed in the absence of this
subsection. This subsection shall not affect the relative priorities,
among themselves, of water users in Arizona, Nevada, and California
which are senior to diversions for the Central Arizona Project, or amend
any provisions of said decree.
(c) Augmentation of water supply of Colorado River system
The limitation stated in subsection (b) of this section shall not
apply so long as the Secretary shall determine and proclaim that means
are available and in operation which augment the water supply of the
Colorado River system in such quantity as to make sufficient mainstream
water available for release to satisfy annual consumptive use of seven
million five hundred thousand acre-feet in Arizona, California, and
Nevada.
(Pub. L. 90-537, title III, Sec. 301, Sept. 30, 1968, 82 Stat. 887; Pub.
L. 100-345, Sec. 2(b), June 24, 1988, 102 Stat. 643; Pub. L. 102-575,
title XIII, Sec. 1302, Oct. 30, 1992, 106 Stat. 4662.)
Amendments
1992--Subsec. (a)(7). Pub. L. 102-575 substituted ``Fannin-McFarland
Aqueduct'' for ``Salt-Gila aqueducts''.
1988--Subsec. (a)(1). Pub. L. 100-345 substituted ``Hayden-Rhodes
Aqueduct'' for ``Granite Reef aqueduct'' in two places.
Designation of Salt-Gila Aqueduct as Fannin-McFarland Aqueduct
Sections 1301 and 1302 of Pub. L. 102-575 provided that:
``SEC. 1301. DESIGNATION.
``The Salt-Gila Aqueduct of the Central Arizona Project,
constructed, operated, and maintained under section 301(a)(7) of the
Colorado River Basin Project Act (43 U.S.C. 1521(a)(7)), hereafter shall
be known and designated as the `Fannin-McFarland Aqueduct'.
``SEC. 1302. REFERENCES.
``Any reference in any law, regulation, document, record, map, or
other paper of the United States to the aqueduct referred to in section
1301 hereby is deemed to be a reference to the `Fannin-McFarland
Aqueduct'.''
Designation of Granite Reef Aqueduct as Hayden-Rhodes Aqueduct
Section 2 of Pub. L. 100-345 provided that:
``(a) The Granite Reef Aqueduct of the Central Arizona project,
constructed, operated, and maintained under section 301(a)(1) of the
Colorado River Basin [Project] Act (43 U.S.C. 1521(a)(1)), hereafter
shall be known and designated as the `Hayden-Rhodes Aqueduct'.
``(b) Any reference in any law, regulation, document, record, map,
or other paper of the United States to the aqueduct referred to in
subsection (a) hereby is deemed to be a reference to the `Hayden-Rhodes
Aqueduct'.''
Section Referred to in Other Sections
This section is referred to in section 1543 of this title.
