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U.S. Code as of:
01/19/04
Section 1571. Water quality improvement
(a) Authority to proceed with program
The Secretary of the Interior, hereinafter referred to as the
"Secretary", is authorized and directed to proceed with a program
of works of improvement for the enhancement and protection of the
quality of water available in the Colorado River for use in the
United States and the Republic of Mexico, and to enable the United
States to comply with its obligations under the agreement with
Mexico of August 30, 1973 (Minute No. 242 of the International
Boundary and Water Commission, United States and Mexico), concluded
pursuant to the Treaty of February 3, 1944 (TS 994), in accordance
with the provisions of this chapter.
(b) Desalting complexes and plants
(1) The Secretary is authorized to construct, operate, and
maintain a desalting complex, including (1) a desalting plant to
reduce the salinity of drain water from the Wellton-Mohawk division
of the Gila project, Arizona (hereinafter referred to as the
division), including a pretreatment plant for settling, softening,
and filtration of the drain water to be desalted; (2) the necessary
appurtenant works including the intake pumping plant system,
product waterline, power transmission facilities, and permanent
operating facilities; (3) the necessary extension in the United
States and Mexico of the existing bypass drain to carry the reject
stream from the desalting plant and other drainage waters to the
Santa Clara Slough in Mexico, with the part in Mexico, subject to
arrangements made pursuant to subsection (d) of this section; (4)
replacement of the metal flume in the existing main outlet drain
extension with a concrete siphon; (5) reduction of the quantity of
irrigation return flows through acquisition of lands to reduce the
size of the division, and irrigation efficiency improvements to
minimize return flows; (6) acquire on behalf of the United States
such lands or interest in lands in the Painted Rock Reservoir as
may be necessary to operate the project in accordance with the
obligations of Minute No. 242, and (7) all associated facilities
including roads, railroad spur, and transmission lines.
(2)(A) The desalting plant shall be designed to treat
approximately one hundred and twenty-nine million gallons a day of
drain water using advanced technology commercially available. The
plant shall effect recovery initially of not less than 70 per
centum of the drain water as product water, and shall effect
reduction of not less than 90 per centum of the dissolved solids in
the feed water. The Secretary shall use sources of electric power
supply for the desalting complex that will not diminish the supply
of power to preference customers from Federal power systems
operated by the Secretary.
(B) The Secretary is authorized to use electrical power and
energy available from the Navajo Generating Station which is in
excess of the Central Arizona Project pumping requirements for the
purpose of supplying power and energy requirements of the desalting
plant and protective pumping well field constructed pursuant to
this subchapter: Provided, That revenues credited to the Lower
Colorado River Basin Development Fund shall not be diminished below
those amounts which would have accrued had the power been marketed
at the rate determined by the Secretary of Energy for the sale of
power from the Navajo Generating Station to utilities and public
entities, as a result of the use of power and energy for the
desalting, protective pumping works, and other uses authorized by
law, and that power and energy from the Navajo Generating Station
shall be used first to meet the pumping requirements of the Central
Arizona Project and after those needs have been met, for the
desalting and protective pumping facilities constructed pursuant to
this subchapter, and finally for other uses: Provided further, That
prior to obtaining power from the Navajo Generating Station under
the authority of this subsection, the Secretary shall complete an
analysis of alternative sources of supply, including but not
limited to the possibility of developing an agreement with the
Republic of Mexico whereby the United States (or a non-Federal
entity) would enter into contractual arrangements with Mexico for a
sufficient supply of power to operate the desalting plant, the
regulatory pumping fields and appurtenant facilities.
(C) Effective October 1, 1979, and to such extent and in such
amounts as are provided in advance in appropriation Acts, the
Secretary of the Interior is authorized to purchase supplemental
power and energy as required for the purposes of supplying the
power and energy requirements of the desalting plant and protective
pumping well field.
(c) Replacement water studies
Replacement of the reject stream from the desalting plant,
Colorado River waters used for the mitigation of fish and wildlife
habitat losses and of any Wellton-Mohawk drainage water bypassed to
the Santa Clara Slough to accomplish essential operation except at
such times when there exists surplus water of the Colorado River
under the terms of the Mexican Water Treaty of 1944, is recognized
as a national obligation as provided in section 1512 of this title.
Studies to identify feasible measures to provide adequate
replacement water shall be completed not later than June 30, 1980.
Said studies shall be limited to potential sources within the
States of Arizona, California, Colorado, New Mexico, and those
portions of Nevada, Utah, and Wyoming which are within the natural
drainage basin of the Colorado River. Measures found necessary to
replace the reject stream from the desalting plant, Colorado River
waters used for the mitigation of fish and wildlife habitat losses
and any Wellton-Mohawk drainage bypassed to the Santa Clara Slough
to accomplish essential operations may be undertaken independently
of the national obligation set forth in section 1512 of this title.
(d) Advancement of funds for that portion of bypass drain within
Mexico
The Secretary is hereby authorized to advance funds to the United
States section, International Boundary and Water Commission (IBWC),
for construction, operation, and maintenance by Mexico pursuant to
Minute No. 242 of that portion of the bypass drain within Mexico.
Such funds shall be transferred to an appropriate Mexican agency,
under arrangements to be concluded by the IBWC providing for the
construction, operation, and maintenance of such facility by
Mexico.
(e) Desalted water exchange
Any desalted water not needed for the purposes of this subchapter
may be exchanged at prices and under terms and conditions
satisfactory to the Secretary and the proceeds therefrom shall be
deposited in the General Fund of the Treasury. The city of Yuma,
Arizona, shall have first right of refusal to any such water.
(f) Return flow reduction
For the purpose of reducing the return flows from the division to
one hundred and seventy-five thousand acre-feet or less, annually,
the Secretary is authorized to:
(1) Accelerate the cooperative program of Irrigation Management
Services with the Wellton-Mohawk Irrigation and Drainage
District, hereinafter referred to as the district, for the
purpose of improving irrigation efficiency. The district shall
bear its share of the cost of such program as determined by the
Secretary.
(2) Acquire by purchase or through eminent domain or exchange,
to the extent determined by him to be appropriate, lands or
interests in lands to reduce the existing seventy-five thousand
developed and undeveloped irrigable acres authorized by the Act
of July 30, 1947 (61 Stat. 628), known as the Gila
Reauthorization Act [43 U.S.C. 613 et seq.]. The initial
reduction in irrigable acreage shall be limited to approximately
ten thousand acres. If the Secretary determines that the
irrigable acreage of the division must be reduced below
sixty-five thousand acres of irrigable lands to carry out the
purpose of this section, the Secretary is authorized, with the
consent of the district, to acquire additional lands, as may be
deemed by him to be appropriate.
(g) Disposal of acquired lands
The Secretary is authorized to dispose of the acquired lands and
interests therein on terms and conditions satisfactory to him and
meeting the objective of this chapter.
(h) Assistance to water users for installation of system
improvements
The Secretary is authorized, either in conjunction with or in
lieu of land acquisition, to assist water users in the division in
installing system improvements, such as ditch lining, change of
field layouts, automatic equipment, sprinkler systems and bubbler
systems, as a means of increasing irrigation efficiencies:
Provided, however, That all costs associated with the improvements
authorized herein and allocated to the water users on the basis of
benefits received, as determined by the Secretary, shall be
reimbursed to the United States in amounts and on terms and
conditions satisfactory to the Secretary.
(i) Contract amendment
The Secretary is authorized to amend the contract between the
United States and the district dated March 4, 1952, as amended, to
provide that -
(1) the portion of the existing repayment obligation owing to
the United States allocable to irrigable acreage eliminated from
the division for the purposes of this subchapter, as determined
by the Secretary, shall be nonreimbursable; and
(2) if deemed appropriate by the Secretary, the district shall
be given credit against its outstanding repayment obligation to
offset any increase in operation and maintenance assessments per
acre which may result from the district's decreased operation and
maintenance base, all as determined by the Secretary.
(j) Acquisition of land for storage
The Secretary is authorized to acquire through the Corps of
Engineers fee title to, or other necessary interests in, additional
lands above the Painted Rock Dam in Arizona that are required for
the temporary storage capacity needed to permit operation of the
dam and reservoir in times of serious flooding in accordance with
the obligations of the United States under Minute No. 242. No funds
shall be expended for acquisition of land or interests therein
until it is finally determined by a Federal court of competent
jurisdiction that the Corps of Engineers presently lacks legal
authority to use said lands for this purpose. Nothing contained in
this subchapter nor any action taken pursuant to it shall be deemed
to be a recognition or admission of any obligation to the owners of
such land on the part of the United States or a limitation or
deficiency in the rights or powers of the United States with
respect to such lands or the operation of the reservoir.
(k) Transfer of funds
To the extent desirable to carry out subsections (f)(1) and (h)
of this section, the Secretary may transfer funds to the Secretary
of Agriculture as may be required for technical assistance to
farmers, conduct of research and demonstrations, and such related
investigations as are required to achieve higher on-farm irrigation
efficiencies.
(l) Nonreimbursable costs
All cost associated with the desalting complex shall be
nonreimbursable except as provided in subsections (f) and (h) of
this section.
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