§ 1572. — Canal or canal lining.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1572]
TITLE 43--PUBLIC LANDS
CHAPTER 32A--COLORADO RIVER BASIN SALINITY CONTROL
SUBCHAPTER I--PROGRAMS DOWNSTREAM FROM IMPERIAL DAM
Sec. 1572. Canal or canal lining
(a) Authorization of construction
To assist in meeting salinity control objectives of Minute No. 242
during an interim period, the Secretary is authorized to construct a new
concrete-lined canal or, to line the presently unlined portion of the
Coachella Canal of the Boulder Canyon project, California, from station
2 plus 26 to the beginning of siphon numbered 7, a length of
approximately forty-nine miles. The United States shall be entitled to
temporary use of a quantity of water, for the purpose of meeting the
salinity control objectives of Minute No. 242, during an interim period,
equal to the quantity of water conserved by constructing or lining the
said canal. The interim period shall commence on completion of
construction or lining said canal and shall end the first year that the
Secretary delivers main stream Colorado River water to California in an
amount less than the sum of the quantities requested by (1) the
California agencies under contracts made pursuant to section 617d of
this title, and (2) Federal establishments to meet their water rights
acquired in California in accordance with the Supreme Court decree in
Arizona against California (376 U.S. 340).
(b) Repayment
The charges for total construction shall be repayable without
interest in equal annual installments over a period of forty years
beginning in the year following completion of construction: Provided,
That, repayment shall be prorated between the United States and the
Coachella Valley County Water District, and the Secretary is authorized
to enter into a repayment contract with Coachella Valley County Water
District for that purpose. Such contract shall provide that annual
repayment installments shall be nonreimbursable during the interim
period, defined in subsection (a) of this section and shall provide that
after the interim period, said annual repayment installments or portions
thereof, shall be paid by Coachella Valley County Water District.
(c) Acquisition of private lands
The Secretary is authorized to acquire by purchase, eminent domain,
or exchange private lands or interests therein, as may be determined by
him to be appropriate, within the Imperial Irrigation District on the
Imperial East Mesa which receive, or which have been granted rights to
receive, water from Imperial Irrigation District's capacity in the
Coachella Canal. Costs of such acquisitions shall be nonreimbursable and
the Secretary shall return such lands to the public domain. The United
States shall not acquire any water rights by reason of this land
acquisition.
(d) Credit to Imperial Irrigation District against final payments for
relinquished capacity in Coachella Canal
The Secretary is authorized to credit Imperial Irrigation District
against its final payments for certain outstanding construction charges
payable to the United States on account of capacity to be relinquished
in the Coachella Canal as a result of the canal lining program, all as
determined by the Secretary: Provided, That, relinquishment of capacity
shall not affect the established basis for allocating operation and
maintenance costs of the main All-American Canal to existing
contractors.
(e) Transfer of lands to Cocopah Tribe of Indians
The Secretary is authorized and directed to cede the following land
to the Cocopah Tribe of Indians, subject to rights-of-way for existing
levees, to be held in trust by the United States for the Cocopah Tribe
of Indians:
Township 9 south, range 25 west of the Gila and Salt River
meridian, Arizona;
Section 25: Lots 18, 19, 20, 21, 22, and 23;
Section 26: Lots 1, 12, 13, 14, and 15;
Section 27: Lot 3; and all accretion to the above described
lands.
The Secretary is authorized and directed to construct three bridges, one
of which shall be capable of accommodating heavy vehicular traffic, over
the portion of the bypass drain which crosses the reservation of the
Cocopah Tribe of Indians. The transfer of lands to the Cocopah Indian
Reservation and the construction of bridges across the bypass drain
shall constitute full and complete payment to said tribe for the rights-
of-way required for construction of the bypass drain and electrical
transmission lines for works authorized by this subchapter.
(Pub. L. 93-320, title I, Sec. 102, June 24, 1974, 88 Stat. 268.)
Section Referred to in Other Sections
This section is referred to in section 1578 of this title.
