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<br />1682
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<br />August 16, 1962
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<br />FRYING PAN-ARKANSAS PROJECT
<br />
<br />1673
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<br />(b) The costs, including the operation ann. maintenance co:;ts, of the under-
<br />taking-s described in subsection (a) of this section shJ.ll be nonreimbursable
<br />and nonreturnable under the reclam<l~ion laws. The funds appropriated for
<br />carrying out the authorization contained in section 1 of this Act si.lall, without
<br />prejudice to the availability of other appropriated moneys for the same purpose,
<br />also be available for carrying out the investigations and programs authorized in
<br />this section. (76 Stat. 391; 43 V.S.C. S 616c)
<br />Sec. 5. [Statutes governing diversion of Colorado River water-Use of di-
<br />verted water limited to State of Colorado-ArkLlns<ls River Compact obligations
<br />unchanged-Right or claim of right to Colorado River water not aided or
<br />prejudiced-Consent to suit against, or joinder of, the United States.]-(a)
<br />The use of water diverted from the Colorado River svstem to the Arkansas
<br />River Basin through works constructed under authoritY of this Act shall be
<br />subject to and controlled by the Colorado River compact, the Upper Colorado
<br />River Basin comp:lct, the Boulder Canyon Project Ace, the Boulder C~llyon
<br />Project Adjustment /\ct, the ColorJ.do River Storage Project Act, and the Idcxi-
<br />cJ.n 'Vater Treaty (T~eaty Series 99+), and shall be included ,.,...ithin and sh.:tll in
<br />no ~~'ay increase the tot:11 quantity of water to the use of which thc State of Colo-
<br />rado is entitled and limi~ed under said comp8.cts, statutes, and trc:l.ty, and cver~'
<br />cor:.tr:J.cc entered into under this Act for the storage, use, and delivery, of such
<br />wJ.te~ shJ.ll so recite.
<br />(~) :\11 works constructed under authority of this _-\ct, and :l.ll officers, em-
<br />ployees, permittees, Licensees, and ccntractees of the united States :I.~d of the
<br />State of Colorado acting pursuant thereto, and all users and appropriators of
<br />wJ.ter of the Colorado River system diverted or deli\'ered through the works
<br />constructed under authority of this Act and any enlargements or additions
<br />thereto shall obse!"1;c and be subject to said compacts, st.J.tutes, and tre::J.ty, as
<br />here~nbefore provided, in the diversion, delivery, and use of water of the Colo-
<br />rado River system, and such condition and covenant shall attach as a matter
<br />of law whether or not set out or referred to in the instrument evidencing such
<br />permit, license, or contract and shall be deemed to be for the benefit of and be
<br />a...-aibble to the States of Arizona, California, ColorJ.do, Nevada, New'1vIex.:co,
<br />utah, and 'Wyoming and the users of water therein or thereunder by way of suit,
<br />defense, or othef\~';se in any litigation respecting the waters of the Colorado
<br />River system.
<br />(c) None of the waters of the Colorado River system shall be exported from
<br />the natural basin of that system by means of works constructed under authority
<br />of this Act, or extensions and enlargements of such \\'orks, to the Arkansas River
<br />Basin for consumptive use outside of the State of Colorado, and no such waters
<br />shall be made available for consumptive use in any State not a p:l.!"ty to the
<br />Colorado River compact by exchange or substitution; nor shall the obligations
<br />of the State of Colorado under the provisions of the Arkansas River cOrP-pact
<br />(63 St~t. 145) be altered by any operations of the fryingpan-Arkansas projecr.
<br />(d) No right or claim of right to the use of the waters of the Colorado River
<br />system shall be nided or prejudiced by this Act; and the Congress does not, by
<br />its enactment, construe or interpret any pro~ision of the Colorado River com-
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