U.S. Code » Title 16 » Chapter CHAPTER 12F— PACIFIC NORTHWEST CONSUMER POWER PREFERENCE; RECIPROCAL PRIORITY IN OTHER REGIONS

16 U.S.C. § 837h

Provisions not applicable to Canyon Ferry project or benefits and exchanges under Treaty between Canada and United States; preference of power users in Montana not modified

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The provisions of this chapter shall not be applicable to (1) the Canyon Ferry project and (2), except as provided in section 837e of this title, downstream power benefits to which Canada is entitled under the treaty between Canada and the United States relating to the cooperative development of the water resources of the Columbia River Basin, signed at Washington, January 17, 1961, nor to energy or capacity disposed of to Canada in any exchange pursuant to paragraph 1 or 2 of article VIII thereof. Nothing in this chapter shall be construed to modify the geographical preference of power users in the State of Montana which is established by the Hungry Horse Dam Act (Act of June 4, 1944, 58 Stat. 270), as amended.

Notes of Decisions
Cited in 2 cases, 1985–1988 · leading case: Department of Water and Power of the City of Los Angeles v. Bonneville Power Administration
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Department of Water and Power of the City of Los Angeles v. Bonneville Power Administration (1985) ca9 “The first is Canadian treaty power, see 16 U.S.C. § 837h, which is firm power generated in the Northwest as a result of water flows from dams on Canadian rivers.”
Central Montana Electric Power Cooperative, Inc. v. Administrator of the Bonneville Power Administration (1988) ca9 “” 16 U.S.C. § 837h. No mention was made in the Pacific Northwest Preference Act of a similar preference or exception for Libby.”
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