43 U.S.C. § 617e

Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority

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The dam and reservoir provided for by section 617 of this title shall be used: First, for river regulation, improvement of navigation, and flood control; second, for irrigation and domestic uses and satisfaction of present perfected rights in pursuance of Article VIII of said Colorado River compact; and third, for power. The title to said dam, reservoir, plant, and incidental works shall forever remain in the United States, and the United States shall, until otherwise provided by Congress, control, manage, and operate the same, except as herein otherwise provided: Provided, however, That the Secretary of the Interior may, in his discretion, enter into contracts of lease of a unit or units of any Government-built plant, with right to generate electrical energy, or alternatively, to enter into contracts of lease for the use of water for the generation of electrical energy as herein provided, in either of which events the provisions of section 617d of this title relating to revenue, term, renewals, determination of conflicting applications, and joint use of transmission lines under contracts for the sale of electrical energy, shall apply.

The Secretary of the Interior shall prescribe and enforce rules and regulations conforming with the requirements of the Federal Power Act [16 U.S.C. 791a et seq.], so far as applicable, respecting maintenance of works in condition of repair adequate for their efficient operation, maintenance of a system of accounting, control of rates and service in the absence of State regulation or interstate agreement, valuation for rate-making purposes, transfers of contracts, contracts extending beyond the lease period, expropriation of excessive profits, recapture and/or emergency use by the United States of property of lessees, and penalties for enforcing regulations made under this subchapter or penalizing failure to comply with such regulations or with the provisions of this subchapter. He shall also conform with other provisions of the Federal Power Act and of the rules and regulations of the Federal Power Commission, which have been devised or which may be hereafter devised, for the protection of the investor and consumer.

The Federal Power Commission is directed not to issue or approve any permits or licenses under said Federal Power Act [16 U.S.C. 791a et seq.] upon or affecting the Colorado River or any of its tributaries, except the Gila River, in the States of Colorado, Wyoming, Utah, New Mexico, Nevada, Arizona, and California until this subchapter shall become effective as provided in sections 617c of this title.

Notes of Decisions

Cited in 10 cases, 1932–2011 · leading case: Mohave Valley Irrigation & Drainage Dist. v. Gale A. Norton, Sec'y of Interior, 244 F.3d 1164 (9th Cir. 2001).

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Mohave Valley Irrigation & Drainage Dist. v. Gale A. Norton, Sec'y of Interior, 244 F.3d 1164 (9th Cir. 2001). “Pursuant to 43 U.S.C. § 617e, the Department of Interior is obligated to use water from the Colorado River system to supply holders of present perfected rights.”

San Luis Unit Food Producers v. United States, 772 F. Supp. 2d 1210 (E.D. Cal. 2011). “For example, Section 6 of the Boulder Canyon Project Act provides that the dam and reservoir shall be used: First, for river regulation, improvement of navigation, and flood control; second, for irrigation and domestic uses and satisfaction of present perfected rights in…”

Fed. Power Comm'n v. S. California Edison Co., 376 U.S. 205 (1964). “1061 , 43 U. S. C. § 617e, grants the Secretary of the Interior “control of rates and service in the absence of State regulation or interstate agreement” and provides that “he shall also conform with other provisions of the Federal Water Power Act and of the rules and…”

Greeson v. Imperial Irr. Dist., 59 F.2d 529 (9th Cir. 1932). “The Congress, therefore, in the Boulder Canyon Project Act (section 4 [43 USCA § 617e]), provided that, before the act should become effective, the Colorado River Compact must not only be approved by at least six of the signatory states, but that California should, by act of her…”

United States Ex Rel. Chapman, Sec'y of the Interior v. Fed. Power Comm'n Virginia Rea Ass'n v. Fed. Power Comm'n, 191 F.2d 796 (4th Cir. 1951). “43 U.S.C.A. § 617e. A similar ban was placed on the granting of licenses to construct projects in the Potomac River Basin.”

The Chemehuevi Tribe of Indians v. Fed. Power Comm'n, Arizona Pub. Serv. Co., Intervenors, 489 F.2d 1207 (D.C. Cir. 1973). “174 Under 43 U.S.C. § 617e, the Secretary of the Interior is authorized to lease units of any Government power plant of the project, with the right to generate electricity, and to lease “the use of water for the generation of electrical energy,” in conformity with the…”

United States v. Imperial Irrigation Dist., 559 F.2d 509 (9th Cir. 1977). “at 1489 ; 43 U.S.C. § 617e. Article VIII of the Colorado River Compact provides that “[p]resent perfected rights to the beneficial use of water of the Colorado River System are unimpaired by this Compact.”

Yellen v. Hickel, 352 F. Supp. 1300 (S.D. Cal. 1972). “Boulder Canyon Project Act § 6 (43 U.S.C. § 617e). The dam and reservoir provided for by section 617 of this title shall be used: First, for river regulation, improvement and navigation, and flood control; second, for irrigation and domestic uses and satisfaction of present…”

Laughlin River Tours, Inc. v. Bureau of Reclamation, 730 F. Supp. 1522 (D. Nev. 1990). “1154 (1931) (clear statutory pronouncement of purposes of the Act, making improvement of navigation first and power third, is controlling over the Colorado River compact, which makes the improvement of navigation subservient to all other purposes); 43 U.S.C. § 617e, 617g, (the…”

Ben Yellen, M.D. & Raul Loya, on Behalf of Themselves & All Others Similarly Situated v. Rogers C. B. Morton, as Sec'y of Interior, 480 F.2d 1185 (D.C. Cir. 1973). “The plaintiffs rely on section 6 of the Boulder Canyon Project Act, 43 U.S.C. § 617e. * We need not consider whether or to what extent authority is given by the provision of section 6 that the Secretary shall prescribe and enforce regulations conforming with the requirements of…”

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