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<br />..
<br />
<br />I"e light of the legislative history, rather than
<br />_.s cantDf" ' 'oUcation which might be drawn
<br />from.. set 'J of that Acts shoul~ govern.
<br />1958, 41 Up.AlIy.Gen.; Dec. IS. ", '
<br />2. Retro~cti.,.e effect
<br />The quoted phrase in this'section providing
<br />that in tbe future. dams operated under the
<br />direction of the Secretary of War {now Sec:re.
<br />
<br />tat)' ot Ariny] Dlust conform to this $C:ction
<br />"but the foregoing requirement shaU not prej:
<br />udi~ lawful uses n~w ~isting" limits lppli..
<br />. ~tio~s of this section .to dams and reservoirs
<br />10" CXlStenc:c: when Act Dec. 22, 1944 was
<br />passed. thus eXClUding the Pine flat P~oject
<br />which had not then lxen built. Turner y
<br />Kings River Conservation Dist.. C.A.Cal
<br />1966, ,60 F.2d 184. .
<br />
<br />g 390a.
<br />
<br />Conditions precedent for construction of dams, reservoir
<br />,
<br />or water supply
<br />
<br />No part of any appropriation shaH be available for the initiation of
<br />construetion under the terms of reelamation law of any dam or reservoir Or
<br />water supply, or any tunnel, canal or conduit for water, or water distribu-
<br />tion system related to such dam or reservoir until the Seeretary shall certify
<br />to the Congress that an adequate soil survey and land classifieation has been
<br />made and that the lands to be irrigated are susceptible to the produetion of
<br />agricultural crops by means of irrigation or thaI the sueeessful irrigability of
<br />those lands and their susceptibility to sustained produetion of agrieultural
<br />crops by means of irrigation has been demonstrated in praetice.
<br />
<br />(July 31, 1953, c. 298, Title I, ~ I, 67 Stat. 266.)
<br />
<br />Historical Note
<br />References in Text. Reclamation Jaw re~ Appropriation Act, 1954. Similar provisions
<br />(erred to in text, probably means Act Jun; 17, Were contained in Act July 9. 1952, c. 591,
<br />1902, .. 1093. 32 Stat. 388, as amended, Tille t, ~ tol. 66 Stat. 451.
<br />popularly known as the Reclamation Act,
<br />which is classified generally to this chapter. Section as Unaffected by Submerged Lllnds
<br />For complete classification of this Act to tbe Act. Provisions of this section as not amend.
<br />Code. s<< Shon Tide note set Out under e~. modified or repealed by the Submerged
<br />section 371 or this title and Tables volume. Lands Act. S~ section 1303 or this title.
<br />Similar Prol'bions. The text of this sec-
<br />tion was taken from the tnterior Depanment
<br />
<br />Cross Referentts
<br />
<br />Exception for expenditures for Flaming Gorg.:, Glen Canyon Wayne N. Aspinall and Navajo
<br />initial units of Colorado River storage project. see sec'lion 620i of this litle.
<br />
<br />~ 390b. Development of water supplies for domestic, municipal,
<br />industrial, and other purposes
<br />
<br /><a) Declaration 01 polley
<br />
<br />!t is hereby ~e~I~~ed to be the policy of the Congress to reeognize the
<br />pnmary responslbllttles of the States and loeal interests in developing water
<br />supplie5 for domestic, municipal, industrial, and other purposes and that the
<br />~ederal Government should partieipate and cooperate with States and loeal
<br />tnterests in developing such water supplies in' conneetion with the eonstrue-
<br />t!on, mainte~ance, and operation of Federal navigation, 'flood eontrol, irriga-
<br />tIon, or mulltple purpose projeets.
<br />
<br />408
<br />
<br />CII. 12 RECLAMATION AND IRRIGATION
<br />
<br />43 -& 39011
<br />
<br />/'
<br />
<br />(b) Storage In reservoir proJectSj agreements tor payment 01 c(,.-~
<br />construction or modification of p~ojects
<br />In carrying out the poliey set forth in this seetion, it is hereby provided that
<br />storage may be included in any reservoir projeet surveyed, planned, con:
<br />strueted or to be planned, surveyed, and/or construeted by the Corps of
<br />, Engineers or the Bureau of Reelamation to impound water for present or
<br />anticipated future demand or need for munieipal or industrial water, and the
<br />reasonable value thereof may be taken into aeeount in estimating the
<br />eeonomie value of the entire projeet: Provided. That the eost, of, any
<br />eonstruetion or modifieation authorized under the provisions of this seetion
<br />shall be determined on the basis that all authorized purposes served by the
<br />projeet shall share equitably in the benefits of multiple purpose construction,
<br />as detennined by the Seeretary of the Army or the Secretary of the Interior,
<br />as the ease may be: Provided further. That before eonstruetion or modifica-
<br />tion of any projeet including water supply provisions for present demand is
<br />initiated, State or local interests shall agree to pay for the eost of sueh
<br />provisions in accordance with the provisions of this section: And provided
<br />further. That not to exeeed 30 per eentum of the total estimated eost of any
<br />projeet may be allocated to anticipated future demands where State or loeal
<br />interests give reasonable assuranees, and there is reasonable evidenee, that
<br />sueh demands for the use of sueh storage will be made within a period of
<br />time whieh will pennit paying out the eosts allocated to water supply within
<br />the life of the project: And provided further, That the entire amount of the
<br />construction costs, including interest during construction, allocated to water
<br />supply shall be repaid within Ihe life of the projeet but in no event to exeeed
<br />fifty years after the projeet is first used for the storage of water .for water
<br />supply purposes, exeept that (I) no payment need be made with respeet to
<br />storage for future water supply until sueh supply is first used, and (2) no
<br />interest shall be eharged on sueh eost until sueh supply is first used, but in
<br />no ease shall the interest-free period exeeed ten years. The interest rate
<br />used for purposes of eomputing interest during eonstruetion and interest on
<br />the unpaid balanee shaH be.determined by the Seeretary of the Treasury, as
<br />of the beginning of the fiseal year in whieh eonstruetion is initiated, On the
<br />basis of the computed average interest rate payable by the Treasury upon its
<br />outstanding marketable publie obligations, which are neither due nor calla-
<br />ble for redemption for fifteen years from date of issue. The provisions of
<br />this subseetion insofar as thev relate to the Bureau of Reclamation and the
<br />Seeretary of the Interior shail be alternative to and not' a substitute for the
<br />provisions of the Reclamation Projeets Aet of 1939 (53 Stat. 1187) [43
<br />U.S.C.A. 9 485 et seq.] relaling to the same subjeet.
<br />
<br />(c) Application to other lawo
<br />The proVISIOns of this section shall not be eonstrued to modify .the
<br />provisions of seetion 701-1 of Title 33 and seetion 390 of this title, as
<br />amended and extended, or the provisions of seetions 372 and 383 of this
<br />title.
<br />
<br />I:
<br />
<br />(d) Approval of Congress of modJflcatlons of reservoir projects
<br />Modifications of a reservoir projeet heretofore authorized, surveyed,
<br />planned, or constructed to include storage as provided in subsection (b) of
<br />this seetion whieh wodd seriously affeetthe purposes for which the project.
<br />409
<br />
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