411 TRANSFER OF OKANOGAN PROJECT TO OKANOGAN IRRIGATION DISTRICT An act to authorize the Secretary of the Interior to transfer the Okanogan project, in the State of Washington, to the Okanogan irrigation district upon payment of charges stated. (Act of May 25, 1928, ch. 743, 45 Stat. 739) Repealed. EXPLANATORY NOTES Repealed. The Act of May 6, 1949, 63 Stat. 62, which appears herein in chronological order, repealed this Act in its entirety. The text of the Act before repeal read as follows: [Sec. I. Contract for payment of $10,000 per annum for 31 years, interest 6 per cent.]The Secretary of the Interior is hereby authorized to contract with the Okanogan irrigation district for the transfer of the control of the Okanogan project, in the State of Washington, constructed pursuant to the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, known as the reclamation law, upon the district agreeing to pay to the United States in discharge of all obligations the sum of $10,000 per annum for the period of thirty-one consecutive years, beginning with the year 1928 such installments to be due on December 1 of each year and bear interest at the rate of 6 per centum per annum after due. Upon such payments being completed, the said Secretary is authorized to convey to the district all the right, title, and interest of the United States in and to said Okanogan project. (45 Stat. 739) Sec. 2. [Assignment of claims by United States to district-District may operate canals during 1928.]—The Secretary is authorized to assign to the district all claims that the United States now holds under contracts with water users and others owning land outside the boundaries of said district, or owning land within the boundaries of said district but not consenting expressly or impliedly to the modifications in their water-right contracts necessary to conform to the terms of said proposed contract between the United States and the Okanogan irrigation district. During the irrigation season of 1928, prior to the execution of such contract with the Okanogan irrigation district, the district may, at its own expense, operate the canals and other works of the Okanogan project for the delivery of water to the water users thereunder, and during such irrigation season may deliver water regardless of the restriction now imposed by the reclamation law relating to delinquency in payment of charges. (45 Stat. 739) Sec. 3. [United States reserves right to shut off water to enforce payment of installments-Control to be resumed when installment not paid on or before March 1 after due.]—The contract between the United States and the said district shall reserve to the United States the power to resume control of said project at any time when necessary to shut off water to enforce payment of the annual installments provided for in the first section hereof. The Secretary of the Interior is directed to resume control and shut off water to enforce payment whenever any such annual installment is not paid on or before March 1 after due. (45 Stat. 739) Legislative History. S. 1661, Public Law 509 in the 70th Congress. S. Rept. No. 7. H.R. Rept. No. 237. 412 AMENDED CONTRACTS, RIO GRANDE PROJECT An act extending the time of construction payments on the Rio Grande Federal irrigation project, New Mexico-Texas. (Act of May 28, 1928, ch. 815, 45 Stat. 785) [Sec. 1. After payment of first four installments, construction charge payable in installments of $3.60.]-The Secretary of the Interior is hereby authorized and directed to enter into amended contracts with the Elephant Butte irrigation district, of New Mexico, and El Paso County water improvement district Numbered 1, of Texas, whereby, after the payment of the first four annual installments, as now provided for in existing contracts, upon the construction charge under the Rio Grande Federal irrigation project, New Mexico-Texas, the remaining unpaid construction charge per irrigable acre shall be payable annually in installments of $3.60. (45 Stat. 785) Sec. 2. [Annual payments to continue until obligation discharged.]—These annual payments shall continue until the total construction charge against said districts is paid. (45 Stat. 786) Sec. 3. [Existing contracts to remain otherwise unaltered.]-The existing contracts between the United States and Elephant Butte irrigation district, of New Mexico, and between the United States and El Paso County water improvement district Numbered 1 shall remain unaltered except as herein otherwise directed. (45 Stat. 786) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Supplementary Provision: Authority of the Secretary. Public Resolution No. 127 of March 3, 1931, 46 Stat. 1515, provides that nothing in this Act "shall be construed to deny authority to the Secretary of the Interior to enter into a contract with the Elephant Butte irrigation district of New Mexico and/or El Paso County Water Improvement District Numbered 1, of Texas, in accordance with the provisions of the Act approved May 25, 1926 (44 Stat. 636), and/or the Act approved December 5, 1924 (43 Stat. 672)." The 1926 Act referred to is the Omnibus Adjustment Act, and the 1924 Act is the Fact Finders' Act. Both Acts appear herein in chronological order. Legislative History. H.R. 11471, Public Law 556 in the 70th Congress. H.R. Rept. No. 1589. S. Rept. No. 1181 (on S. 4167). 413 BOARD TO EXAMINE BOULDER DAM SITE Joint resolution to appoint a board of engineers to examine and report upon the dam to be constructed under H.R. 5773, the Boulder Dam bill. (Pub. Res. 65, S.J. Res. 164, May 29, 1928, ch. 918, 45 Stat. 1011) [Examination and report to be made prior to December 1, 1928-Compensation of board-Construction plans to be approved by board-President's sanction and approval essential-Expenses.]-The Secretary of the Interior is hereby authorized and directed to appoint a board of five eminent engineers and geologists, at least one of whom shall be an engineer officer of the Army on the active or retired list, to examine the proposed site of the dam to be constructed under the provisions of H.R. 5773, Seventieth Congress, first session, and review the plans and estimates made therefor, and to advise him prior to December 1, 1928, as to matters affecting the safety, the economic and engineering feasibility, and adequacy of the proposed structure and incidental works, the compensation of said board to be fixed by him for each, respectively, but not to exceed $50 per day and necessary traveling expenses, including a per diem of not to exceed $6, in lieu of subsistence, for each member of the board so employed for the time employed and actually engaged upon such work: And provided further, That the work of construction shall not be commenced until plans therefor are approved by said special board of engineers. No authority hereby conferred on the Secretary of the Interior shall be exercised without the President's sanction and approval. The expenses herein authorized shall be paid out of the reclamation fund established by the act of June 17, 1902. (45 Stat. 1011) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Reference in the Text. H.R. 5773, Seventieth Congress, first session, referred to in the text, was enacted into law December 21, 1928. The Act is the Boulder Canyon Project Act, which appears herein in chronological order. Board's Report. The report submitted by the Board appointed pursuant to this resolution, dated December 3, 1928, was published as House Document No. 446, Seventieth Congress, second session. Legislative History. S.J. Res. 164, Public Resolution 65 in the 70th Congress. 414 BOULDER CANYON PROJECT ACT An act to provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes. (Act of December 21, 1928, ch. 42, 45 Stat. 1057) [Sec. 1. Dam at Black or Boulder Canyon for flood control, improving navigation, and for storage and delivery of water-Main canal to supply water for Imperial and Coachella Valleys-Power plant-All works in conformity with Colorado River compact.]-For the purpose of controlling the floods, improving navigation and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior, subject to the terms of the Colorado River compact hereinafter mentioned, is hereby authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is hereby authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: Provided, however, That no charge shall be made for water or for the use, storage, or delivery of water for irrigation or water for potable purposes in the Imperial or Coachella Valleys; also to construct and equip, operate, and maintain at or near said dam, or cause to be constructed, a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged from said reservoir; and to acquire by proceedings in eminent domain, or otherwise, all lands, rights of way, and other property necessary for said purposes. (45 Stat. 1057; 43 U.S.C. § 617) EXPLANATORY NOTES Hoover Dam. The dam on the Colorado River in Black Canyon had been designated Hoover Dam by instructions of the Secretary of the Interior dated September 17, 1930. The dam was redesignated Boulder Dam by order of the Secretary dated May 8, 1933. The name Hoover Dam was restored by the Act of April 30, 1947, 61 Stat. 56. The Act appears herein in chronological order. Supplementary Provision: Boulder Canyon Project Adjustment Act. The Boulder Canyon Project Act was amended and supplemented by the Boulder Canyon Project Adjustment Act of July 19, 1940, 54 Stat. 774. This Act and notes hereunder should BOULDER CANYON PROJECT ACT-SEC. 1 be considered in the light of the Adjustment Act, which appears herein in chronological order. Reference Source. An extensive compilation and review of the Boulder Canyon Project Act, the Colorado River Compact, the Mexican Water Treaty, contracts, liti The Boulder Canyon Project Act was passed in exercise of Congressional power to control navigable water for purposes of flood control, navigation, power generation, and other objects, and is equally sustained by power of Congress to promote the general welfare through projects for reclamation, irrigation, and other internal improvements. Arizona v. California, 373 U.S. 546, 587 (1963). The Court judicially knows, from the evidence of history, that a large part of the Colorado River south of Black Canyon was formerly navigable and that the main obstacles to navigation have been accumulations of silt and irregularity in flow. Arizona v. California, 283 U.S. 423, 453 (1931). Inasmuch as the grant of authority under the Boulder Canyon Project Act to build the dam and reservoir is valid as the constitutional power of Congress to improve navigation, it is not necessary to decide whether the authority might constitutionally be conferred for other purposes. Arizona v. California, 283 U.S. 423, 457 (1931). 2. Purpose-Generally The whole point of the Boulder Canyon Project Act was to replace erratic, undependable, often destructive natural flow of the Colorado River with regular, dependable release of waters conserved and stored by the project, and thereunder, Congress made it clear that no one should use mainstream waters save in strict compliance with the scheme set up by the Act. Arizona v. California, 373 U.S. 546, 579 (1963). 3. River regulation The release of water through the California Sluiceway at Imperial Dam in 415 gation, and other documents relating to the Colorado River is found in Hoover Dam Documents (Wilbur and Ely), H. Doc. No. 717, 80th Cong., 2d Sess. (1948). It brings up to date an earlier work entitled The Hoover Dam Contracts (Ely), U.S. Department of the Interior (1933). OPINIONS order to transport sediment load downstream is appropriate to accomplish river regulation. The United States has, under the contract with Imperial Irrigation District and within the limitations provided, a prior right to release water for this purpose as compared with the diversion of water for generation of power at Pilot Knob. Also, Mexico cannot, under the Mexican Water Treaty, insist as a matter of right that all or substantially all of the water allotted to it under the Treaty be delivered via the AllAmerican Canal; nor can Mexico require that the United States assume responsibility either for the quality of the water delivered to it or for disposal of sediment load. Memorandum of Associate Solicitor Fisher, October 17, 1956. 4. Municipal water supplies The Secretary of the Interior has authority under sections 1 and 5 of the Boulder Canyon Project Act to provide increased capacity in the All-American Canal to carry water to the City of San Diego for the beneficial consumptive use of the city. Solicitor Margold Opinion, 54 I.D. 414 (1934). 10. Limitations The provision in section 1 of the Boulder Canyon Project Act empowering the Secretary of the Interior to construct a main canal connecting the Laguna Dam "or other suitable diversion dam" with the Imperial and Coachella Valleys does not authorize the building of or in any respect apply to the Parker Dam proposed to be constructed 70 miles upstream from Laguna Dam and canal without specific Congressional authorization as required by section 9 of the Act of March 3, 1899. United States v. Arizona, 295 U.S. 174 (1935). (Editor's Note: The Parker Dam was subsequently authorized by the Act of August 30, 1935. Extracts from both Acts, including the relevant sections, appear herein in chronological order.) Neither the Boulder Canyon Project Act nor the Reclamation laws generally authorize the Secretary of the Interior to establish a Federal reservation, in connection with the construction of the dam and powerplant, over which the United States would have exclusive jurisdiction pursuant to a Nevada statute generally ceding jurisdiction |