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

43 U.S.C. § 617q

Effect on authority of States to control waters within own borders

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Nothing herein shall be construed as interfering with such rights as the States had on December 21, 1928, either to the waters within their borders or to adopt such policies and enact such laws as they deem necessary with respect to the appropriation, control, and use of waters within their borders, except as modified by the Colorado River compact or other interstate agreement.

Notes of Decisions
Cited in 4 cases, 1958–1987 · leading case: California v. United States, 438 U.S. 645 (1978).
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California v. United States, 438 U.S. 645 (1978). · cites it 2× “§ 617m, which incorporated the Reclamation Act of 1902, and § 18 of the Project Act, 43 U. S. C. § 617q, which provided that nothing in the Act should be construed "as interfering with such rights as the States had on December 21, 1928, either to the waters within their borders…”
United States v. Fallbrook Pub. Util. Dist., 165 F. Supp. 806 (S.D. Cal. 1958). “1085 , 43 U.S.C.A. § 617q (1952); Section 14 of the Boulder Canyon Project Adjustment Act, 54 Stat.”
Portland Gen. Elec. Co. & Publishers' Paper Co. v. Fed. Power Comm'n, Crown Zellerbach Corp. v. Fed. Power Comm'n, 328 F.2d 165 (9th Cir. 1964). “27 * * * [N]othing herein contained shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective States relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses,…”
Long v. Salt River Valley Water Users' Ass'n, 820 F.2d 284 (9th Cir. 1987). “Section 485h(c) is inapplicable to the BCPA, 43 U.S.C. § 485j note, and of limited applicability to the CRBPA, id.”
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