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A Bill to Authorize the Construction
No full textAttachment A: A Bill, page 3acquired thereunder may be disposed of intermittently by the Secretary when not required in connection with the Central Arizona project. The agreement shall provide, among other things, that --
(1) The United States shall pay not more than that portion of the total construction cost, exclusive of interest during construction, of the powerplant, and of any switchyards and transmission facilities serving the United States, as is represented by the ratios of the respective capacities to be provided for the United States therein to the total capacities of such facilities. The Secretary shall make the Federal portion of such costs available to the non-Federal interests during the construction period, including the period of preparation of disigns and specifications, in such installments as will facilitate a timely construction schedule;
(2) Annual operation and maintenance costs, including provision for deperciation (except as to depreciation on the pro-rata share of construction cost borne by the United States in accordance with the foregoing subdivision (1)) shall be apportioned between the United States and the non-Federal interests on an equitable basis taking into account the ratios
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A Bill to Authorize the Construction
No full textAttachment A: A Bill, page 5the Secretary, State-administered wildlife management areas.
(d) (1) Irrigation and municipal and industrial water supply under the Central Arizona project within the State of Arizona may, in the event the Secretary determines that it is necessary to effect repayment, be pursuant to master contracts with organizations which have power to levy assessements against all taxable real property within their boundaries. The terms and conditions of contracts or other arrangements whereby each said organization makes water from the Central Arizona project available to users within its boundaries shall be subject to the Secretary's approval and the United States shall, if the Secretary determines such action is desirable to facilitate carrying out the provisions of this Act, have the right to require that it be a party to such contracts or that contracts subsidiary to the master contracts be entered into between the United States and any user. The provisions of this subparagraph (1) shall not apply to the supplying of water to an Indian tribe for use within the boundaries of an Indian reservation.
(2) Any obligation assumed pursuant to section 9(d) of the Reclamation Project Act of 1939 (43 U.S.C. 485h (d)) with respect to any project contract unit or irrigation block shall be repaid over a basic period of not more than fifty years; any water service provided pursuant to section 9(e) of the Reclamation Project Act of 1939 (43 U.S.C. 485h (e)) may be on the basis of delivery of water
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A Bill to Authorize the Construction
No full textAttachment A: A Bill, page 10quantities sufficient to replace any diminution of their supply resulting from such diversions from the Gila River, its tributaries and underground water sources. In determining the amount required for this purpose full consideration shall be given to any differences in the quality of the waters involved. All additional consumptive uses provided for in this subsection shall be subject to all rights in New Mexico and Arizona as established by 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 Number 59) and to all other rights existing on the effective date of this Act in New Mexico and Arizona to water from the Gila River, its tributaries and underground water sources, and shall be junior thereto and shall be made only to the extent possible without economic injury or cost to the holders of such rights.
SEC. 3. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Central Arizona project works authorized pursuant to this Act shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213).
SEC. 4. The Secretary shall determine the repayment capability of Indian lands within, under, or served by the Central Arizona
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A Bill to Authorize the Construction
No full textAttachment A: A Bill, page 13remains as of June 1, 1987, the amount of the remaining deficiency shall then be transferred to the Upper Colorado River Basin fund from net revenues derived from the sale of electric energy generated at Hoover Dam.
SEC. 9(a). Nothing in this Act shall be construed to alter, amend, repeal, modify, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994), the decree entered by the Supreme Court of the United States in Arizona against California, and others (376 U.S. 340), or, except as otherwise provided herein, the Boulder Canyon Project Act (45 Stat. 1057), the Boulder Canyon Project Adjustment Act (54 Stat. 774) or the Colorado River Storage Project Act (70 Stat. 105).
(b) The Secretary is directed to--
(1) make reports as to the annual consumptive uses and losses of water from the Colorado River system after each successive five-year period, beginning with the five-year period starting on October 1, 1965. Such reports shall be prepared in consultation with the States of the lower basin individually and with the Upper Colorado River Commission, and shall be transmitted to the President, the Congress, and to the Governors of each State signatory to the Colorado River Compact.
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Letter Concerning Request for a Report on H.R. 3300
No full textLetter: To Mr. Chairman, from Stewart Udall, February 15, 1967, page 1UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
February 15, 1967
Dear Mr. Chairman:
This responds to your request for a report on H.R. 3300, a bill "To authorize the construction, operation, and maintenance of the Colorado River Basin project, and for other purposes."
With two important exceptions, the bill is patterned after H.R. 4671, 89th Congress, which was extensively considered and, with modifications, favorably reported by your Committee on August 11, 1966 (H. Rep. No. 1849, 89th Cong., 2nd sess.). The two differences are: the Marble Canyon unit is eliminated, and the Secretary of the Interior would be directed to make a reconnaissance grade investigation of projects to augment the flow of the main stream Colorado River below Lee Ferry by a minimum of 2,500,000 acre-feet annually, by imports from sources outside the Colorado River Basin. H.R. 4671, as reported, called for a feasibility report as well. References hereafter to H.R. 4671 are, except as otherwise noted, to that measure as reported.
The basic objectives of the first four titles of H.R. 3300 are two-fold--to authorize the Central Arizona project thereby enabling Arizona to use its entitlement of Colorado River water, and, at the same time, to lay the framework for a sound and lasting solution for the Colorado River Basin's long-range water supply.
With these objectives, the Department and the Administration are in full accord.
The Administration is committed to the authorization of the Central Arizona project. If the State of Arizona is to put to use its entitlement of Colorado River water as adjudicated by the Supreme Court in Arizona v. California, et al., 373 U.S. 546 (1963), this project must be built. The Central Arizona project should be undertaken now in order to slow the pace at which ground water resources in the Central Arizona area are being exhausted.
Similarly, we are in agreement that studies of the long-range water supply problems of the Colorado River basin should now be initiatedEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,332,484 byte
Before the Federal Power Commission
No full textDocument: Answer and Objections of Arizona Power Authority to Supplement to Petition of the Sierra Club for Leave to Intervene, February 13, 1967, page 5-5-
was presented on this subject. In its report (No. 1849, 89th Congress, 2d Sess.), it said, inter alia, the following (pp. 35-40):
"The nationwide campaign launched against these two dams has been a matter of great concern to the Committee because of the inaccurate and misleading information disseminated to the general public. . . . The use of such words as 'destroy', 'inundate', 'flood out' and 'ruin' to describe', what will happen if the dams are built, has led many uninformed persons to visualize one of nature's great wonders -- the Grand Canyon -- being filled with water. It is not surprising, under the technique used to defeat the authorization of these dams, that the Grand Canyon issue has turned into one of 'emotion' rather than 'merit.' . . .
"With respect to altering the wilderness character of a river, the national parks are not -- and never have been -- wilderness areas. The national park concept or philosophy is to open up these places of great scenic beauty -- not to make access more difficult. . . .
"Construction of the Marble Canyon Dam and Reservoir would not invade the national park since that dam and its reservoir would be 12 1/2 miles upstream from the park boundary. . . .
"The Marble Canyon Dam will not adversely affect the regimen of the river through the canyon. The regimen changes effected by the construction of Glen Canyon Dam have not been devastating, even though the so-called 'wild river' has been 'tamed' to some extent. The powerplant and Marble Canyon Dam is a 'run-of-the-river' plant which will permit the water released at Glen Canyon to flow through the Marble Canyon Dam and on through the park with relatively little reregulation. . . ."
Sierra argues that there would be a daily fluctuation of waters released by reason of the operation of the Marble Canyon Dam and thatEpson Perfection 4870 Photo, 400 dpi, 8 bit, 928,477 byte
An Act Establishing a State Water and Power Plan
No full textDocument: An Act, draft 2/7/67 (photocopy), page 44.
near the city of Phoenix, or suitable alternative together with pumping plants therefore, (ii) Orme dam reservoir and power pumping plant to be located in central Arizona at or near the Salt river Indian reservation,] (iii) Buttes dam and reservoir to be located in central Arizona on the Gila River southeast of the City of Phoenix] (iv) the Salt-Gila acqueduct to extend from the terminus of the Granite Reef aqueduct in central Arizona to the Tucson aqueduct (Colorado source) in the vicinity of Picacho reservoir, together with pumping plants therefor, (v) Charleston dam and reservoir to be located on the San Pedro River southeast of the City of Tucson, (VI) Tucson aqueduct (Colorado source) to extend from the vicinity of Picacho reservoir to the City of Tucson, together with pumping plants therefore, and (vii) Tucson aqueduct (San Pedro source) to extend from the Charleston reservoir to the City of Tucson;
b. Hualapai (Bridge Canyon) hydroelectric project to be located at the headwaters of Lake Mead on the Colorado River;
c. Marble Canyon hydroelectric project to be located on the Colorado River approximately 12 miles upstream from the boundary of the Grand Canyon National Park;
d. Montezuma Pumped Storage Power Project to be located approximately 25 miles south of the City of Phoenix;
e. Havasu Pumped Storage Power Project to be located in the vicinity of the southern end of Lake Havasu; together in the case of each project with any improvements thereto and any incidental buildings, structures, transmission lines or mains, and all other appurtenances and facilities necessary or appropriate thereto.
The state water and power plan may also include such further water or power projects, either in addition to or in substitution of the projects set forth above or any portion thereof, as the Commission and the AuthorityEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,177,445 byte
An Act Establishing a State Water and Power Plan
No full textDocument: An Act, draft 2/7/67 (photocopy), page 1616.
but not limited to the right to maintain, reconstruct and operate the projects included in the state water and power plan, and to establish and collect such charges, fees and rentals as may be convenient or necessary to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of any agreements made with the holders of the bonds and notes, or in any way impair the rights and remedies of the bondholders or notcholders, until the bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders and noteholders, are fully met and discharged. The Authority as agent for the state is hereby authorized to include this pledge and undertaking by the state in its resolutions and indentures securing the bonds and notes.
Sec. 14. EXEMPTION FROM TAXATION
The Commission and the Authority shall be regarded as performing a governmental function in undertaking and carrying out the state water and power plan and shall be required to pay no taxes or assessments on any of the property thereof or upon their activities in the operation and maitenance thereof or upon the revenues therefrom. The bonds and notes, their transfer and the income therefrom shall at all times be free from taxation within the state.
Sec. 15. REMEDIES OF BONDHOLDERS AND NOTEHOLDERS
1. In the event that the Authority shall default in the payment of principal of or interest on any issue of bonds or notes after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the Authority shall fail or refuse to comply with the provisions of this chapter, or shall default in any agreement made with the holders of anyEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,200,376 byte
An Act Establishing a State Water and Power Plan
No full textDocument: An Act, draft 2/7/67 (photocopy), page 2020.
notes are also hereby made securities which may be deposited with and may be received by all public officers and bodies of the State and all municipalities and political subdivisions for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized.
Sec. 19. WATER RIGHTS
Nothing contained in this chapter shall be construed as affecting or intended to affect or to in any way interfere with the laws of the State relating to the control, appropriation, use or distribution of water used in irrigation or any vested right acquired therefor, and the Authority and the Commission in carrying out the provisions of this chapter shall proceed in conformity with such laws and nothing herein shall affect any right of the State or of any landowner, appropriator or user of water in, to or from any interstate or intrastate stream or the waters thereof.
Sec. 20. REVERSION OF PROJECTS TO STATE
When all bonds and notes issued under the provisions of this chapter to finance the state water and power plan and the interest thereon. shall have been paid or a sufficient amount for the payment of all such bonds and notes and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the holders of such bonds and notes, all projects then included in the state water and power plan shall thereafter be operated and maintained by the State and the revenues therefrom shall be deposited in the general fund of the State.
Sec. 21. JURISDICTION OF OTHER AGENCIES
Except as herein otherwise provided, no commission, department, officer or agency of the State or any political subdivision thereof shall have any jurisdiction, control or power over any of the acts in things to be done by the Commission or the Authority pursuant to thisEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,254,228 byte
To Authorize the Construction, Operation, and Maintenance
No full textDocument: A Bill, February 3, 1967 (photocopy), page 6-5-
from such other points of delivery as the Secretary may designate; and long-term contracts relating to irrigation water supply shall provide that water made available thereunder may be made available by the Secretary for municipal or industrial purposes if and to the extent that such water is not required by the contractor for irrigation purposes. 50 year limit on irrigation it's exclude
(3) Contracts relating to municipal and industrial water supply under the Central Arizona project may be made without regard to the limitations of the last sentence of section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)); may provide for the delivery of such water at an identical price per acre-foot for water of the same class at the several points of delivery from the main canals and conduits; and may provide for repayment over a period of fifty years if made pursuant to clause (1) of said section and for the delivery of water over a period of fifty years if made pursuant to clause (2) thereof.
(e) Each contract under which water is provided under the Central Arizona project shall require that (1) there be in effect measures, adequate in the judgment of the Secretary, to control expansion of irrigation from aquifers affected by irrigation in the contract service area; (2) the canals and distribution systems through which water is conveyed after its delivery by the United States to the contractors shall be provided and maintained with linings, adequate in his judgment to prevent excessive conveyance losses; (3) neither the contractor nor the Secretary shall pump or permit others to pump ground water from lands located within the exterior boundaries of any Federal reclamation project or irrigation district receiving water from the Central Arizona project for any use outside such Federal reclamation project or irrigation district, unlessEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,598,849 byte