U.S. Code » Title 43 » Chapter CHAPTER 12A— BOULDER CANYON PROJECT › Subchapter SUBCHAPTER I— BOULDER CANYON PROJECT ACT

43 U.S.C. § 617g

Colorado River compact as controlling authority in construction and maintenance of dam, reservoir, canals, and other works

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(a) The United States, its permittees, licensees, and contractees, and all users and appropriators of water stored, diverted, carried, and/or distributed by the reservoir, canals, and other works herein, authorized shall observe and be subject to and controlled by said Colorado River compact in the construction, management, and operation of said reservoir, canals, and other works and the storage, diversion, delivery, and use of water for the generation of power, irrigation, and other purposes, anything in this subchapter to the contrary notwithstanding, and all permits, licenses, and contracts shall so provide.(b) Also the United States, in constructing, managing, and operating the dam, reservoir, canals, and other works herein authorized in including the appropriation, delivery, and use of water for the generation of power, irrigation, or other uses, and all users of water thus delivered and all users and appropriators of waters stored by said reservoir and/or carried by said canal, including all permittees and licensees of the United States or any of its agencies, shall observe and be subject to and controlled, anything to the contrary herein notwithstanding, by the terms of such compact, if any, between the States of Arizona, California, and Nevada, or any two thereof, for the equitable division of the benefits, including power, arising from the use of water accruing to said States, subsidiary to and consistent with said Colorado River compact, which may have been negotiated and approved by said States and to which Congress shall have given its consent and approval on or before January 1, 1929; and the terms of any such compact concluded between said States and approved and consented to by Congress after said date: Provided, That in the latter case such compact shall be subject to all contracts, if any, made by the Secretary of the Interior under section 617d of this title prior to the date of such approval and consent by Congress.(Dec. 21, 1928, ch. 42, § 8, 45 Stat. 1062.)
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1977–2022 · leading case: Env't Def. Fund, Inc. v. East Bay Mun. Util. Dist., 572 P.2d 1128 (Cal. 1977).
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Env't Def. Fund, Inc. v. East Bay Mun. Util. Dist., 572 P.2d 1128 (Cal. 1977). · cites it 4× “This argument was predicated on section 18 of the Boulder Canyon Project Act (43 U.S.C. § 617g) and section 8 of the Reclamation Act of 1902.”
Navajo Nation v. Usdoi, 996 F.3d 623 (9th Cir. 2021). “43 U.S.C. § 617g(a). But within the general allocation of water that the 1922 Compact entails, the Secretary has pervasive authority “both to carry out the allocation of the waters of the main Colorado River among the Lower Basin NAVAJO NATION V.”
United States v. Imperial Irrigation Dist., 559 F.2d 509 (9th Cir. 1977). “However, Section 8(b), 43 U.S.C. § 617g(b), appears to include delivery and use of water within the activities of construction, operation, and management.”
Navajo Nation v. Usdoi (9th Cir. 2022). “43 U.S.C. § 617g(a). But within the general allocation of water that the 1922 Compact entails, the Secretary has pervasive authority “both to carry out the allocation of the waters of the main Colorado River among the Lower Basin States and to decide which users within each…”
— 43 U.S.C. § 617g(a) — 2 cases
Navajo Nation v. Usdoi, 996 F.3d 623 (9th Cir. 2021). “43 U.S.C. § 617g(a). But within the general allocation of water that the 1922 Compact entails, the Secretary has pervasive authority “both to carry out the allocation of the waters of the main Colorado River among the Lower Basin NAVAJO NATION V.”
Navajo Nation v. Usdoi (9th Cir. 2022). “43 U.S.C. § 617g(a). But within the general allocation of water that the 1922 Compact entails, the Secretary has pervasive authority “both to carry out the allocation of the waters of the main Colorado River among the Lower Basin States and to decide which users within each…”
— 43 U.S.C. § 617g(b) — 2 cases
Env't Def. Fund, Inc. v. East Bay Mun. Util. Dist., 572 P.2d 1128 (Cal. 1977). “This argument was predicated on section 18 of the Boulder Canyon Project Act (43 U.S.C. § 617g) and section 8 of the Reclamation Act of 1902.”
United States v. Imperial Irrigation Dist., 559 F.2d 509 (9th Cir. 1977). “However, Section 8(b), 43 U.S.C. § 617g(b), appears to include delivery and use of water within the activities of construction, operation, and management.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.