In order to initiate the comprehensive development of the water resources of the Upper Colorado River Basin, for the purposes, among others, of regulating the flow of the Colorado River, storing water for beneficial consumptive use, making it possible for the States of the Upper Basin to utilize, consistently with the provisions of the Colorado River Compact, the apportionments made to and among them in the Colorado River Compact and the Upper Colorado River Basin Compact, respectively, providing for the reclamation of arid and semiarid land, for the control of floods, and for the generation of hydroelectric power, as an incident of the foregoing purposes, the Secretary of the Interior is authorized (1) to construct, operate, and maintain the following initial units of the Colorado River storage project, consisting of dams, reservoirs, powerplants, transmission facilities and appurtenant works: Wayne N. Aspinall, Flaming Gorge, Navajo (dam and reservoir only), and Glen Canyon: Provided, That the Wayne N. Aspinall Dam shall be constructed to a height which will impound not less than nine hundred and forty thousand acre-feet of water or will create a reservoir of such greater capacity as can be obtained by a high waterline located at seven thousand five hundred and twenty feet above mean sea level, and that construction thereof shall not be undertaken until the Secretary has, on the basis of further engineering and economic investigations, reexamined the economic justification of such unit and, accompanied by appropriate documentation in the form of a supplemental report, has certified to the Congress and to the President that, in his judgment, the benefits of such unit will exceed its costs; and (2) to construct, operate, and maintain the following additional reclamation projects (including power-generating and transmission facilities related thereto), hereinafter referred to as participating projects: Central Utah (initial phase and the Uintah unit), San Juan-Chama (initial stage), Emery County, Florida, Hammond, La Barge, Lyman, Navajo Indian, Paonia (including the Minnesota unit, a dam and reservoir on Muddy Creek just above its confluence with the North Fork of the Gunnison River, and other necessary works), Animas-La Plata, Dolores, Dallas Creek, West Divide, San Miguel, Seedskadee, Savery-Pot Hook, Bostwick Park, Fruitland Mesa, the Navajo-Gallup Water Supply Project, Silt and Smith Fork: Provided further, That as part of the Glen Canyon Unit the Secretary of the Interior shall take adequate protective measures to preclude impairment of the Rainbow Bridge National Monument.
Notes of Decisions
Rio Grande Silvery Minnow v. Keys, 333 F.3d 1109 (10th Cir. 2003).
· cites it 5× “96 ) (SJCP Act), under the Colorado River Storage Project Act of April 11, 1956, 43 U.S.C. § 620 . 12 Section 620g of the Colorado River Storage Project Act directed the Secretary of the Interior: to investigate, plan, construct, operate, and maintain (1) public recreational…”
Bd. of the Cnty. Commissioners v. Crystal Creek Homeowners' Ass'n, 14 P.3d 325 (Colo. 2000).
· cites it 2× “Therefore, the water court directed the parties to model the conditions of the river, including the historical use of water by Aspi-nall Unit for all of its decreed purposes, despite references in CRSPA that characterize hydropower generation as an incidental use. The historical…”
Grand Canyon Trust v. United States Bureau of Reclamation, 691 F.3d 1008 (9th Cir. 2012).
“See 43 U.S.C. § 620 et seq. Finished in 1963, the Dam is located on the Colorado River in Northern Arizona, and it creates Lake Powell, the second largest reservoir in the United States, which provides drinking water for more than 25 million people.”
City & Cnty. of Denver, Etc. v. Bergland, 517 F. Supp. 155 (D. Colo. 1981).
· cites it 2× “105 , 43 U.S.C. § 620 et seq. The Blue River Decree does not indicate any specific diversion points for the proposed and yet unbuilt portions of the Williams Fork project.”
Nat'l Wildlife Fed'n v. Andrus, 440 F. Supp. 1245 (D.D.C. 1977).
· cites it 2× “43 U.S.C. § 620 . As originally authorized, the facility was specifically limited by Congress to “dam and reservoir only.”
Friends of the Earth v. Armstrong, 485 F.2d 1 (10th Cir. 1973).
· cites it 6× “This case reaches us on the issue of whether or not the trial court was correct in holding that certain provisions of the Colorado River Storage Project Act of 1956 ( 43 U.S.C. § 620 ), and especially sections 1 and 3 thereof prohibit any water from Lake Powell en *3 tering any…”
Uhlmann v. Wren, 401 P.2d 113 (Ariz. 1965).
· cites it 2× “Golze, cited by the majority, supra note 1, classifies the Salt River Project as a single purpose project. The first multipurpose project was Hoover Dam in 1928, and the first river basin project the Missouri River in 1944.”
Badoni v. Higginson, 638 F.2d 172 (10th Cir. 1980).
· cites it 4× “1 See 43 U.S.C. § 620 . Glen Canyon Reservoir, known as Lake Powell, formed behind the dam after its completion in 1963.”
Arizona Power Auth. v. Morton, 549 F.2d 1231 (9th Cir. 1977).
· cites it 4× “105 (1956), as amended, 43 U.S.C. §§ 620 et seq. A critically important incident of the damming and construction of storage reservoirs along the upper Colorado River pursuant to CRSP is the generation of hydroelectric power.”
San Luis Unit Food Producers v. United States, 772 F. Supp. 2d 1210 (E.D. Cal. 2011).
“1974), which addressed Reclamation’s operation of reclamation facilities on the Colorado River, including Glen Canyon Dam and Lake Powell, as authorized under the Colorado River Storage Project Act of 1956, 43 U.S.C. § 620 . This Act also contained two provisions relating to…”
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