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Central Arizona Project

Federal Legislation and Regulations

This page lists Public Laws which have developed through federal legislation since the CAP was authorized by the Colorado River Basin Project Act in 1968, as well as Codes and Regulations issued by the Federal Government which pertain to it. There are also a few Bills listed. Please go to the Legislative History page for more detail.

Public Laws

The CIS Congressional Universe found fourteen Public Law citations dating from 1988 to 1994. Westlaw produced nine (duplicates of the CIS list). These include:

• 103 P.L. No. 435 (HR4709), 1994; 108 Stat. 4566 Indians: Technical Corrections

• 103 P.L. No. 434 (S. 1146, 1994); 108 Stat. 4526 Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994

• 102 P.L. No. 575 (HR429) 1992; 106 Stat. 4600 Reclamation Projects Authorization and Adjustment Act of 1992

• 102 P.L. No. 575; 106 Stat. 4740, 1992 San Carlos Apache Tribe Water Rights Settlement Act

• 102 P.L. No. 441 (HR5122) 1992; 106 Stat. 2237 Jicarilla Apache Tribe Water Rights Settlement Act of 1992

• 102 P.L. No. 497 (HR5686) 1992; 106 Stat. 3255 Indian Laws Technical Amendments

• 101 P.L. No. 628 (HR2570); 104 Stat. 4469 Arizona Desert Wilderness Act of 1990

• 101 P.L. No. 628; 104 Stat. 4480 Fort McDowell Indian Community Water Rights Settlement Act

• 101 P.L. No. 301 (S1846) 1990; 104 Stat. 206 Miscellaneous Indian Law Amendments

• 100 P.L. No. 696 (S2840); 102 Stat. 4571 Arizona-Idaho Conservation Act of 1988

• 100 P.L. No. 512 (HR4102); 102 Stat. 2549 Salt River Pima-Maricopa Indian Community Water Rights Settlement Act of 1988

• 97 P.L. No. 293; 96 Stat. 1274 Southern Arizona Water Rights Settlement Act of 1982

• 93 P.L. No. 320; 88 Stat. 266; 43 U.S.C. 1571-1599 the Colorado River Basin Salinity Control Act of 1974

• 90 P.L. No. 537; 82 Stat. 885; 43 U.S.C. 1501-1556 the Colorado River Basin Project Act of 1968

Federal Codes

Westlaw and Lexis-Nexis searches produced several USCA references, of which the most significant is:

• 43 USCA 1501-1556: Title 43 Public Lands, Chapter 32 Colorado River Basin Project, Sections1501-1556 (1988) -- Sections 1521-1551 pertains to the Central Arizona Project (see also pocket part), authorizes construction of Hayden-Rhodes Aqueduct and pumping plants, Orme Dam and Reservoir, Buttes Dam and Reservoir, Hooker Dam and Reservoir, Tucson aqueducts and pumping plants, Fannin-McFarland Aqueduct to furnish irrigation water and municipal water supplies to water-deficient areas of AZ and western NM; to establish the power requirement of CAP and augment the Lower Colorado River Basin Development Fund; discusses restrictions and provisions of the water furnished from CAP, and appropriates funds

• 5 USCA 706: Title 5 Government Organization and Employees, Part I, Chapter 7, Section 706

• 16 USCA 590z-11: Title 16 Conservation, Chapter 3C Water Conservation, Subchapter II Conservation and Utilization Projects, Section 590z-11 Delegation of powers and duties by the Secretary of the Interior

• 16 USCA 1274: Title 16 Conservation, Chapter 28 Wild and Scenic Rivers

• 28 USCA 2401: Title 28 Judiciary and Judicial Procedure, Chapter 161, Section 2401 Time for commencing action against the United States

• 43 USCA 390rr: Title 43 Public Lands, Chapter 12 Reclamation and Irrigation of Lands by Federal Government, Section 390rr Central Arizona Project

• 43 USCA 423e: Title 43, Chapter 12, Section 423e Completion of new projects or new divisions; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land

• 43 USCA 485h: Title 43, Chapter 12, Section 485h New projects; sale of water and electric power; lease of power privileges

• 43 USCA 511: Title 43 , Chapter 12, Section 511 Authority to contract with irrigation district

• 43 USCA Ch. 12A: Title 43, Chapter 12A Boulder Canyon Project

• 43 USCA 620a-1: Title 43, Chapter 12B Colorado River Storage Project, Sections 620a-1 Construction of participating projects to be concurrent with the Central Arizona Project

• 43 USCA 620c: Title 43, Chapter 12B, Section 620c Laws governing: irrigation repayment contracts; time fo remaking contract; contracts for municipal water; payment by Indian lands; restricted delivery of water for excess commodity; apportionments of use

• 43 USCA 1571: Title 43, Chapter 32A Colorado River Basin Salinity Control, Section 1571 Water quality improvement

Code of Federal Regulations

Searching the indexes for references to regulations pertaining to the CAP or the Colorado River is not straightforward. The Keyword Index only leads to one Colorado River reference. Searching through the list of keywords for "Water," there are several references that may provide some pertinent information. The Topic Index includes some headings worth browsing through, such as "Parks, Forest and Public Property" and "Conservation of Power and Water." The Title Index provides a good source for the contents of each volume. A search in the CIS Congressional Universe produced only five documents relating to the CAP. Titles to consider are:

• Title 7 Agriculture
• Title 10 Energy
• Title 18 Conservation of Power and Water Resources
• Title 25 Indians
• Title 33 Navigation and Navigable Waters
• Title 36 Parks, Forests and Public Property
• Title 40 Protection of Environment
• Title 41 Public Contracts and Property Management
• Title 43 Public Lands: Interior
• Title 50 Wildlife and Fisheries

Some Regulations include:

• 43 C.F.R. 417 Subtitle B: Procedural methods for implementing Colorado River Water Conservation Measures with Lower Basin Contractors and Others

• 43 C.F.R. 431 et seq.: Boulder Canyon Project, Arizona/Nevada

• 10 C.F.R. 904.1 et seq.: Boulder Canyon Project (Scale of Power)

• 18 C.F.R. 701 et seq.: Water Resources Council

• 32 C.F.R. 650.51-650.73: Water Resources Management

• 36 C.F.R. 297.1-297.6: Wild and Scenic Rivers

Bills

CIS Congressional Universe, Westlaw and Lexis-Nexis all produced results for bills concerning the Colorado River and CAP brought before the House and Senate. They can also be search for the legislative history of an Act. Hearings of the House and Senate are published in print by legislative session, so it is important to know not only the bill number, but the year it was introduced.

A few bills which were found through the CIS database are:

• Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1993 - the Senate version of this (103 S. 1146) became Public Law 103-434, the House version (103 H.R. 2514) was not enacted; the Senate did not enact it in 1992 as 102 S. 2975.

• San Carlos Apache Tribe Water Rights Settlement Act of 1991 was not enacted by the House (102 H.R. 748; 101 H.R. 5539; 101 H.R. 5223) or Senate (102 S. 291).

• Indian Water Rights Claims in the State of Arizona was not enacted by the House (101 H.R. 4148).

• Fort McDowell Indian Community Water Rights Settlement Act was not enacted by House (101 H.R. 5063) or Senate (101 S. 2900).

• Central Utah Project Completion Act was not enacted by the House (101 H.R. 3960) or Senate (101 S 2969).

Other Federal Legislation relating to the CAP:

• Endangered Species Act of 1973 (93 P.L. No. 205, 16 U.S.C. 1531 et seq. [and Amendments], C.F.R. 50)
• National Environmental Policy Act of 1969 (91 P.L. No. 190, 42 U.S.C. 4321 et seq., C.F.R. 13)
• Clean Water Act of 1977 (95 P.L. No. 217, 33 U.S.C. 1251 et seq., Chap. 26 - see also Water Quality Act 100 P.L. No. 4)
• Safe Drinking Water Act of 1974, amended 1996 (104 P.L. No.182, 40 C.F.R. 124, 141-148)
• Resource Conservation and Recovery Act of 1976 (94 P.L. No. 580, 7 U.S.C. 1010 et seq.; 40 C.F.R. 240-280)
• Toxic Substances Control Act of 1976 (94 P.L. No. 469, 15 U.S.C. 2601-2692; 40 C.F.R. 700-799)
• National Historic Preservation Act of 1966 (89 P.L. No. 665; 80 Stat. 915; 16 U.S.C. 470)
• Wild and Scenic Rivers Act of 1968 (90 P.L. No. 542; 16 U.S.C. 1271-1287)
• Fish and Wildlife Coordination Act of 1958 (85 P.L. No. 624; 48 Stat. 401; 16 U.S.C. 661 et seq.)
• Executive Order 11988 (floodplain management considerations) (42 FR 26951, 1977)
• Executive Order 11990 (wetlands protection) (42 FR 26961, 1977)