43 U.S.C. § 1501

Congressional declaration of purpose and policy

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(a) It is the object of this chapter to provide a program for the further comprehensive development of the water resources of the Colorado River Basin and for the provision of additional and adequate water supplies for use in the upper as well as in the lower Colorado River Basin. This program is declared to be for the purposes, among others, of regulating the flow of the Colorado River; controlling floods; improving navigation; providing for the storage and delivery of the waters of the Colorado River for reclamation of lands, including supplemental water supplies, and for municipal, industrial, and other beneficial purposes; improving water quality; providing for basic public outdoor recreation facilities; improving conditions for fish and wildlife, and the generation and sale of electrical power as an incident of the foregoing purposes.(b) It is the policy of the Congress that the Secretary of the Interior (hereinafter referred to the “Secretary”) shall continue to develop, after consultation with affected States and appropriate Federal agencies, a regional water plan, consistent with the provisions of this chapter and with future authorizations, to serve as the framework under which projects in the Colorado River Basin may be coordinated and constructed with proper timing to the end that an adequate supply of water may be made available for such projects, whether heretofore, herein, or hereafter authorized.(Pub. L. 90–537, title I, § 102, Sept. 30, 1968, 82 Stat. 886.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, known as the Colorado River Basin Project Act, which enacted this chapter and sections 616aa–1, 620a–1, 620a–2, 620c–1, and 620d–1 of this title, amended sections 616hh, 620, and 620a of this title, and enacted provisions set out as notes under sections 620, 620k, and 1501 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Statutory Notes and Related SubsidiariesEffective Date of Repeal on Failure of Enforceability Date

Pub. L. 108–451, title I, § 111, Dec. 10, 2004, 118 Stat. 3499, provided that:“(a)In General.—Except as provided in subsection (b), if the Secretary [of the Interior] does not publish a statement of findings under section 207(c) [118 Stat. 3519] by December 31, 2007 [published Dec. 14, 2007, see 72 F.R. 71143]—“(1) this title [see Short Title of 2004 Amendment note below] is repealed effective January 1, 2008, and any action taken by the Secretary and any contract entered under any provision of this title shall be void; and“(2) any amounts appropriated under section 110 [118 Stat. 3498] that remain unexpended shall immediately revert to the general fund of the Treasury.“(b)Exception.—No subcontract amendment executed by the Secretary under the notice of June 18, 2003 (67 Fed. Reg. 36578), shall be considered to be a contract entered into by the Secretary for purposes of subsection (a)(1).”

Pub. L. 108–451, title II, § 215, Dec. 10, 2004, 118 Stat. 3535, provided that: “If the Secretary [of the Interior] does not publish a statement of findings under section 207(c) [118 Stat. 3519] by December 31, 2007 [published Dec. 14, 2007, see 72 F.R. 71143]—“(1) except for section 213(i) [118 Stat. 3532], this title [see Short Title of 2004 Amendment note below] is repealed effective January 1, 2008, and any action taken by the Secretary and any contract entered under any provision of this title shall be void;“(2) any amounts appropriated under paragraphs (1) through (7) of section 214(a) [118 Stat. 3534, 3535], together with any interest on those amounts, shall immediately revert to the general fund of the Treasury;“(3) any amounts made available under section 214(b) [118 Stat. 3535] that remain unexpended shall immediately revert to the general fund of the Treasury; and“(4) any amounts paid by the Salt River Project in accordance with the Gila River agreement shall immediately be returned to the Salt River Project.”

Short Title of 2004 Amendment

Pub. L. 108–451, § 1(a), Dec. 10, 2004, 118 Stat. 3478, provided that: “This Act [amending sections 1524 and 1543 of this title and enacting and repealing provisions set out as notes under this section and section 1543 of this title] may be cited as the ‘Arizona Water Settlements Act’.”

Pub. L. 108–451, title I, § 101, Dec. 10, 2004, 118 Stat. 3486, provided that: “This title [amending section 1543 of this title and enacting and repealing provisions set out as notes under this section and section 1543 of this title] may be cited as the ‘Central Arizona Project Settlement Act of 2004’.”

Pub. L. 108–451, title II, § 201, Dec. 10, 2004, 118 Stat. 3499, provided that: “This title [amending section 1524 of this title and enacting and repealing provisions set out as notes under this section] may be cited as the ‘Gila River Indian Community Water Rights Settlement Act of 2004’.”

Short Title

Pub. L. 90–537, title I, § 101, Sept. 30, 1968, 82 Stat. 885, provided: “That this Act [enacting this chapter and sections 616aa–1, 620a–1, 620a–2, 620c–1, and 620d–1 of this title, amending sections 616hh, 620, and 620a of this title, and enacting provisions set out as notes under sections 620, 620k, and 1501 of this title] may be cited as the ‘Colorado River Basin Project Act’.”

Notes of Decisions

Cited in 10 cases, 1973–2009 · leading case: Bd. of the Cnty. Commissioners v. Crystal Creek Homeowners' Ass'n, 14 P.3d 325 (Colo. 2000).

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Bd. of the Cnty. Commissioners v. Crystal Creek Homeowners' Ass'n, 14 P.3d 325 (Colo. 2000). · cites it 2× “The 1968 Colorado River Basin Act, 43 U.S.C. § 1501 (a) (1994) (the 1968 Act), provides that recreation and fish and wildlife are among Project purposes.”

Lion's Gate Water v. D'ANTONIO, 226 P.3d 622 (N.M. 2009). “The Act was later amended by the Arizona Water Settlements Act §§ 202, 212, 43 U.S.C. § 1501 (2006), reducing the additional amount of Gila River water available for contract to 14,000 acre feet and conditioning the right to contract on the Secretary of the Interior's execution…”

Arizona Maint. Co. v. United States, 864 F.2d 1497 (9th Cir. 1989). “43 U.S.C. § 1501 (a). The Act places upon the Secretary of the Interior responsibility for constructing, operating and maintaining the aqueducts, pumping plants, canals, power plants and drainage works that are a part of the CAP.”

Bd. of Cnty. Commissioners of Arapahoe v. United States, 891 P.2d 952 (Colo. 1995). “To support its claims, Arapahoe County has also relied upon the Colorado River Basin Project Act, 43 U.S.C. §§ 1501 to 1556 (1988 & 1993 Supp.”

Friends of the Earth v. Armstrong, 485 F.2d 1 (10th Cir. 1973). · cites it 2× “In 1968 Congress passed the Colorado River Basin Project Act ( 43 U.S.C. § 1501 et seq.). This was to further carry out the Colorado River water development.”

City of Anaheim v. Kleppe, 590 F.2d 285 (9th Cir. 1978). “The Colorado Basin Project Act, 43 U.S.C. § 1501 et seq., was signed into law on September 30, 1968.”

Badoni v. Higginson, 638 F.2d 172 (10th Cir. 1980). “” 43 U.S.C. § 1501 (a). Although a comprehensive EIS is frequently undertaken after project or site-specific EIS’s have been drafted, need for a comprehensive EIS does not automatically establish need for environmental statements of narrower scope.”

Arizona Power Auth. v. Morton, 549 F.2d 1231 (9th Cir. 1977). “886 (1968), 43 U.S.C. §§ 1501 et seq. . Power revenues over a fifty-year period were projected to reach a total of $1,075 million.”

Arizona Power Pooling Ass'n v. Morton, 527 F.2d 721 (9th Cir. 1975). “The Colorado River Basin Project Act, 43 U.S.C. § 1501 et seq., was passed by Congress in 1968 to develop the water resources of the Colorado River Basin.”

Env't Def. Fund, Inc. v. Higginson, 655 F.2d 1244 (D.C. Cir. 1981). “885 , 43 U.S.C. § 1501 et seq. In 1949 Congress approved the Upper Colorado River Compact of 1948 which distributed the water that was apportioned to the various states by the Colorado River Compact of 1922.”

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