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618

PARKER DAM POWER PROJECT APPROPRIATION

[Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1939, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1939, and June 30, 1940, and for other purposes. (Act of May 2, 1939, ch. 107, 53 Stat. 626.)

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BUREAU OF RECLAMATION, GENERAL FUND, CONSTRUCTION

[Parker Dam power project.]-Parker Dam power project, Arizona: For continuation of construction of the Parker power plant, transmission lines, substations, and appurtenant works, fiscal years 1939 and 1940, $4,000,000, from the general fund of the Treasury, to be repaid from net revenues received under contracts made pursuant to the authority of the Act of August 30, 1935 (49 Stat. 1039). (53 Stat. 633)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Reference in the Text. The Act of August 30, 1935 (49 Stat. 1039), referred to in the text, is the Rivers and Harbors Act of 1935. Section 2 of the Act authorized construction of the Parker Dam. Section 2 has been extracted from the Act and appears herein in chronological order.

Cross Reference, Parker-Davis Project. The Act of May 28, 1954, 68 Stat. 143, au

thorized the Parker Dam power project and the Davis Dam project to be consolidated and administered as a single project to be known as the Parker-Davis project, Arizona-California-Nevada. The Act appears herein in chronological order.

Legislative History. H.R. 5219, Public Law 61 in the 76th Congress. H.R. Rept. No. 260. S. Rept. No. 257. H.R. Rept. No. 510 (conference report).

619

INTERIOR DEPARTMENT APPROPRIATION ACT, 1940

[Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1940, and for other purposes. (Act of May 10, 1939, ch. 119, 53 Stat. 685)

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[Kendrick project-Power revenues.]-Kendrick project, Wyoming: Not to exceed $100,000 from the power revenues shall be available during the fiscal year 1940, for the operation and maintenance of the power system; (53 Stat. 715)

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[Boulder Canyon project-Payment to Boulder City School District.]— Boulder Canyon project: . . . there shall also be available from power and other revenues not to exceed $550,000 for operation and maintenance of the Boulder Canyon Dam, power plant, and other facilities, including payment to the Boulder City School District, as reimbursement for instruction during the 1938–1939 and 1939-1940 school years in the schools operated by said district of each pupil who is a dependent of any employee of the United States living in or in the immediate vicinity of Boulder City, in the sum of $45 per semester per pupil in average daily attendance at said schools, payable after the term of instruction in any semester has been completed, under regulations to be prescribed by the Secretary of the Interior, and in addition thereto the sum of $25,000 shall be available from such revenues for the construction of school buildings; . . . (53 Stat. 718)

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[Pine River project-Marshall Ford Dam-Costs not reimbursable under reclamation law.]-For continuation of construction of the following projects. . . in not to exceed the following amounts, respectively, . . . to be reimbursable (except as to the Pine River project, Colorado, and the Colorado River project, Texas) under the reclamation law:

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Pine River project, Colorado, $1,000,000;

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Colorado River project, Texas, $5,000,000, together with the unexpended balance of the appropriation of $2,030,000 under this head in the Interior Department Appropriation Act, fiscal year 1939: Provided, That the Secretary of the Interior by contracts entered into pursuant to the authority of the Act of August 26, 1937 (50 Stat. 844, 850), shall require reimbursement of expenditures for construction of Marshall Ford Dam, to the extent and in the manner determined by him; (53 Stat. 719)

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WATER CONSERVATION AND UTILITY PROJECTS

For construction, in addition to labor and materials to be supplied by the Works Progress Administration, of water conservation and utilization projects, including acquisition of water rights, rights-of-way, and other interests in land, in the Great Plains and arid and semiarid areas of the United States, to be immediately available, $5,000,000, to be allocated by the President, in such amounts as he deems necessary, to such Federal Departments, establishments, and

INTERIOR DEPARTMENT APPROPRIATION ACT, 1940 621 other agencies as he may designate, and to be reimbursed to the United States by the water users on such projects in not to exceed forty annual installments: Provided, That expenditures from Works Progress Administration funds shall be subject to such provisions with respect to reimbursability as the President may determine. (53 Stat. 719)

EXPLANATORY NOTES

Supplementary Provision: Water Conservation and Utilization Act. The Act of August 11, 1939, as amended, provides broadened authority for an extended program of construction and operation of water conservation and utilization projects. The act appears herein in chronological order.

Popular Names. The above authority in the appropriation act of May 10, 1939, is variously referred to as the Water Conservation and Utilization Act, the 1940 water conservation appropriation, or the Great Plains projects program. The Act of August 11, 1939, as amended, is variously referred to as the Case-Wheeler Act, the WheelerCase Act, or the Water Conservation and Utilization Act. Projects constructed under both authorities are generally called water conservation and utilization projects and are considered to be part of the same program.

Cross Reference, Water Facilities Act.

The Act of August 28, 1937, 50 Stat. 869, popularly known as the Water Facilities Act, authorized the Secretary of Agriculture to construct or to assist in the construction of facilities for water storage and utilization in arid and semiarid areas of the United States. The Act of August 17, 1954, 68 Stat. 734, terminated the construction phase of the program, expanded the purposes to include land conservation and improvement projects, authorized the Secretary of Agriculture to make loans and to insure loans for purposes of the Act, and extended the coverage of the program to all of the States and Territories. This authority in turn was repealed and replaced by Title III of the Act of August 8, 1961, Public Law 87-128, 75 Stat. 294, 307, 7 U.S.C. §§ 1921-91. Extracts from this title, which may be cited separately as the Consolidated Farmers Home Administration Act of 1961, appear herein in chronological order.

Sec. 5. [Short title.]—This Act may be cited as the "Interior Department Appropriation Act, 1940". (53 Stat. 738)

EXPLANATORY NOTES

Not Codified. Extracts of this Act shown here are not codified in the U.S. Code.

Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts appear herein only in the act in which first

used.

Legislative History. H.R. 4852, Public Law No. 68, 76th Congress. H.R. Rept. No. 161. S. Rept. No. 282. H.R. Rept. No. 497 (conference report).

622

RIO GRANDE COMPACT

An act giving the consent and approval of Congress to the Rio Grande compact signed at Santa Fe, New Mexico, on March 18, 1938. (Act of May 31, 1939, ch. 155, 53 Stat. 785)

[Consent of Congress granted.]-The consent and approval of Congress is hereby given to the compact signed by the commissioners for the States of Colorado, New Mexico, and Texas at Santa Fe, New Mexico on March 18, 1938, and thereafter approved by the legislatures of the States of Colorado, New Mexico. and Texas, which compact reads as follows:

RIO GRANDE COMPACT

The State of Colorado, the State of New Mexico, and the State of Texas, desiring to remove all causes of present and future controversy among these States and between citizens of one of these States and citizens of another State with respect to the use of the waters of the Rio Grande above Fort Quitman, Texas, and being moved by considerations of interstate comity, and for the purpose of effecting an equitable apportionment of such waters, have resolved to conclude a Compact for the attainment of these purposes, and to that end, through their respective Governors, have named as their respective Commissioners: For the State of Colorado-M. C. Hinderlider

For the State of New Mexico-Thomas M. McClure

For the State of Texas Frank B. Clayton

who, after negotiations participated in by S. O. Harper, appointed by the Presi dent as the representative of the United States of America, have agreed upon the following articles to-wit:

ARTICLE I

(a) The State of Colorado, the State of New Mexico, the State of Texas, and the United States of America, are hereinafter designated "Colorado,” “New Mexico," "Texas," and the "United States," respectively.

(b) "The Commission" means the agency created by this Compact for the administration thereof.

(c) The term "Rio Grande Basin" means all of the territory drained by the Rio Grande and its tributaries in Colorado, in New Mexico, and in Texas above Fort Quitman, including the Closed Basin in Colorado.

(d) The "Closed Basin" means that part of the Rio Grande Basin in Colorado where the streams drain into the San Luis Lakes and adjacent territory, and do not normally contribute to the flow of the Rio Grande.

(e) The term "tributary" means any stream which naturally contributes to the flow of the Rio Grande.

(f) "Transmountain Diversion" is water imported into the drainage basin of the Rio Grande from any stream system outside of the Rio Grande Basin, exclusive of the Closed Basin.

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