43 U.S. Code § 600b - Canadian River project, Texas
For the purposes of irrigating land, delivering water for industrial and municipal use, controlling floods, providing recreation and fish and wildlife benefits, and controlling and catching silt, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the Canadian River reclamation project, Texas, described in the report of the Commissioner of Reclamation approved by the Secretary May 3, 1950, entitled “Plan for Development, Canadian River Project, Texas”, Project Planning Report Number 5–12.22–1, at an estimated cost of $86,656,000, the impounding works whereof shall be located at a suitable site on the Canadian River in that area known as the Panhandle of Texas. In addition to the impounding works, the project shall include such main canals, pumping plants, distribution and drainage systems, and other works as are necessary to accomplish the purposes of sections 600b and 600c of this title. The use by the project of waters arising in Ute and Pajarito Creeks, New Mexico, shall be only such use as does not conflict with use, present or potential, of such waters for beneficial consumptive purposes in New Mexico.
Source(Dec. 29, 1950, ch. 1183, § 1,64 Stat. 1124.)
References in Text
Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Authorization of Appropriations
Act Dec. 29, 1950, ch. 1183, § 3,64 Stat. 1125, provided that: “There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be required to carry out the purposes of this Act [enacting this section and section 600c of this title].”
Canadian River Project Prepayment
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Canadian River Project Prepayment Act’.“SEC. 2. DEFINITIONS.
“For the purposes of this Act:
“(1) The term ‘Authority’ means the Canadian River Municipal Water Authority, a conservation and reclamation district of the State of Texas.
“(2) The term ‘Canadian River Project Authorization Act’ means the Act entitled ‘An Act to authorize the construction, operation, and maintenance by the Secretary of the Interior of the Canadian River reclamation project, Texas’, approved December 29, 1950 (ch. 1183; 64 Stat. 1124) [enacting this section, section 600c of this title, and provisions set out as a note above].
“(3) The term ‘Project’ means all of the right, title and interest in and to all land and improvements comprising the pipeline and related facilities of the Canadian River Project authorized by the Canadian River Project Authorization Act.
“(4) The term ‘Secretary’ means the Secretary of the Interior.“SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT.
“(a) In General.—(1) In consideration of the Authority accepting the obligation of the Federal Government for the Project and subject to the payment by the Authority of the applicable amount under paragraph (2) within the 360-day period beginning on the date of the enactment of this Act [Oct. 30, 1998], the Secretary shall convey the Project to the Authority, as provided in section 2(c)(3) of the Canadian River Project Authorization Act (64 Stat. 1124) [section 600c (c)(3) of this title].
“(2) For purposes of paragraph (1), the applicable amount shall be—
“(A) $34,806,731, if payment is made by the Authority within the 270-day period beginning on the date of the enactment of this Act; or
“(B) the amount specified in subparagraph (A) adjusted to include interest on that amount since the date of the enactment of this Act at the appropriate Treasury bill rate for an equivalent term, if payment is made by the Authority after the period referred to in subparagraph (A).
“(3) If payment under paragraph (1) is not made by the Authority within the period specified in paragraph (1), this Act shall have no force or effect.
“(b) Financing.—Nothing in this Act shall be construed to affect the right of the Authority to use a particular type of financing.“SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
“(a) In General.—Nothing in this Act shall be construed as significantly expanding or otherwise changing the use or operation of the Project from its current use and operation.
“(b) Future Alterations.—If the Authority alters the operations or uses of the Project it shall comply with all applicable laws or regulations governing such alteration at that time.
“(c) Recreation.—The Secretary of the Interior, acting through the National Park Service, shall continue to operate the Lake Meredith National Recreation Area at Lake Meredith.
“(d) Flood Control.—The Secretary of the Army, acting through the Corps of Engineers, shall continue to prescribe regulations for the use of storage allocated to flood control at Lake Meredith as prescribed in the Letter of Understanding entered into between the Corps, the Bureau of Reclamation, and the Authority in March and May 1980.
“(e) Sanford Dam Property.—The Authority shall have the right to occupy and use without payment of lease or rental charges or license or use fees the property retained by the Bureau of Reclamation at Sanford Dam and all buildings constructed by the United States thereon for use as the Authority’s headquarters and maintenance facility. Buildings constructed by the Authority on such property, or past and future additions to Government constructed buildings, shall be allowed to remain on the property. The Authority shall operate and maintain such property and facilities without cost to the United States.“SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
“(a) Payment Obligations Extinguished.—Provision of consideration by the Authority in accordance with section 3 (b) shall extinguish all payment obligations under contract numbered 14–06–500–485 between the Authority and the Secretary.
“(b) Operation and Maintenance Costs.—After completion of the conveyance provided for in section 3, the Authority shall have full responsibility for the cost of operation and maintenance of Sanford Dam, and shall continue to have full responsibility for operation and maintenance of the Project pipeline and related facilities.
“(c) In General.—Rights and obligations under the existing contract No. 14–06–500–485 between the Authority and the United States, other than provisions regarding repayment of construction charge obligation by the Authority and provisions relating to the Project aqueduct, shall remain in full force and effect for the remaining term of the contract.“SEC. 6. RELATIONSHIP TO OTHER LAWS.
“Upon conveyance of the Project under this Act, the Reclamation Act of 1902 (82 Stat. 388) [probably means act June 17, 1902, ch. 1093, 32 Stat. 388, see Short Title note under section 371 of this title] and all Acts amendatory thereof or supplemental thereto shall not apply to the Project.“SEC. 7. LIABILITY.
“Except as otherwise provided by law, effective on the date of conveyance of the Project under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property.”
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