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<br />- <br /> <br />.--1 <br />~~- <br /> <br />1681 <br /> <br />August 16, 1962 <br /> <br />August 16, 1962 <br /> <br />16i2 <br /> <br />FRYING PAN-ARKANSAS PROJECT <br /> <br />FRYINGPAN <br /> <br />(b) The Secretary may appoint the two representatives of the United States <br />to the Commission referred to in paragraph 19 of said principles and may, upon <br />unanimous recommendation of the parties signatory to the operating principles, <br />adopt such modifications therein as are not inconsistent with the provisions of <br />this Act. . . <br />(c) Any and all benefits and rights of western Colorado water users in and <br />to water stored in the Green 1-1ountain Resef'v"oir, Colorado-Big Thompson <br />project, as described) set forth and defined in Senate Document Numbered 80) <br />Se\-'enty-fifth Congress} shall not be impaired, prejudiced, abrogatedJ nullified, <br />or diminished in any manner whatever by reason of the authorization, con- <br />struction, operation, and maintenance of the Fryingpan-Arkansas project. <br />(c1) E;.;:ccpt for sllch rights as are appurtc0ant to lands which are acquired <br />for project purposes, no \'alid right" to the storagc or use of water within the <br />natural basin of the Colorado River in the State of Colorado shall be acquired <br />by the Secretary of the Interior-through eminent domain proceedings for the <br />purpo~c Ot storil~g or usin~ outside of said basin the water embraced within <br />that :-ighc, and no waterl the :ight to the storage or use of which is so acquired <br />by J.nyolle other ~han the .5ecretaryJ shall be trJ.nsported through or by means <br />of any works of the Fr:r-'in::;pan-Arkansas project horn the Colorado Ri....er Basin <br />to the .-\rbns~s Ri"er B",n, (76 Stat, 391; 43 u.s.e. S 61fb) <br />Sec. 4. rRecreatlonal facilities-CODSeryation of scenic, natural, historic and <br />archeolo!'"i-c.::l1 \'~lue.J ~nd fish ;:md wildlife resources--i\'"J.tionaI forest bnds- <br />Nonrein;bursable costs.l-(J.) The Sec:t:~J.rf is authori:::ed and directed (I) to <br />im'estigateJ plan, construct, operate, md m:lintJ:n public recreational facilities <br />on lands withdrawn or acquired for the development of said project, (2) to <br />conserve the sce::ery, the natural, historic, and archeo!ogic objects, and the <br />wildlife on said. bods, (3) to provide for public use :lOa enjoyme!lt of the same <br />and of the water are3.S created by this project by such me3.ns as are consistent <br />with the purposes of said project, and (4) to investigate, pbn, construct, oper- <br />ate, and maintain fa.cilities for t..~e conse"",'ation :l11d de,,'e!opment of fish and <br />wildlife resources. The Secretary is authorized to acquire lands and to withdraw <br />public lands from entry or other disposition unde:- the public land laW'S necessa.ry <br />for the const:--uction, operation: and maintenance of the fJ.cilities herein pro- <br />vided, and to dispose of them to Federal, StJ.te, and local governmental J.gencies <br />b~' lease, tr.1nSfeIl exchange, or convey::mce upon such tenr.s :lnd conditions as <br />will best promote their developme!1t and opencon in t!:e public interest: <br />Provided, That all lands wi[hin the e:\."tenor bound:J.nes of J. n:Jtiona.l forest <br />acquired for rcc:re:ltional or other project pur?oses which are not dete!1nined <br />by the Secretary of the: I:lterior to be needed for J.ctual use in connection with <br />the reclamation works shall become national forest b.nds: Provided fUT~her, <br />That the Secret~ry of the Interior shall make his deter:nination hereunder <br />within five years after approval of this Act or, in the C:J.S6 of individual tracts <br />of land, within five ye:Jrs after the~r acquisition by the United States: And <br />provided further, That'the authority contained in this section shall not be exer- <br />cised' by the Secretary of the Interior with respect to national forest lands <br />without . the' concurrence of the Secretary of Agriculture.' <br /> <br />(b) The costs, including the 01 <br />takings described in subsection ( <br />And nonreturnable under the rc <br />carrying out the authorization cc <br />prejudice to the availability of ot!: <br />also be available for carrying out <br />this section. (76 Stat. 391; 43 U. <br />Sec. 5. [Statutes governing di'. <br />verted water limited to State of Cr <br />llnchanged-Right or claim of I <br />prejudiced-Consent to suit ag:L <br />The use of water diverted fr01~: <br />River Basin through works con'" <br />subject to and controlled by the <br />River Basin compact, the BOLlk <br />Project Adjustment Act, the Co!, <br />can 'Vater Treaty (Trea.ty Seric~, <br />no \\fay increase the total quantil:' <br />rado is entitled and limited unde <br />contract entered into under this <br />water sh~ll so r~c;itc. <br />(b) All works constructed t:" <br />ployees, permittees, licensees~ :lj~ <br />State of Color3.do acting purst: <br />.'....ater of the Colorado River 5-. <br />constructed under authority ol <br />thereto shall observe and b~ SL;' <br />hereinbefore provided, in the c:i' <br />rado Ri..-er system, and such c( <br />of law whether or not set ou t (: <br />pennit, license, or contract and <br />avaibble to the States of Arizol <br />Utah, and Wyoming and the USP. <br />defense, or otherwise in an.... Ii' <br />River system. . <br />(c) None of the w,ters of the <br />the natural basin of that system <br />of this Act, or extensions and CIl <br />Basin for consumptive use outsi. <br />shall be made available for ((. <br />Colorado River compact by C~: <br />of the State of Colorado une" <br />(63 SUt. 145) be altered by a! <br />(d) No right or ciaim of rio <br />system shall be aided or prejl~ <br />its enactment, construe or ink <br /> <br />