
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC600c]

 
                         TITLE 43--PUBLIC LANDS
 
  CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
 
SUBCHAPTER XVII--LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY
 
Sec. 600c. Nonreimbursable costs


(a) Construction, operation, and maintenance costs

    Notwithstanding any recommendations in the report mentioned in 
section 600b of this title to the contrary, only the costs of 
construction allocable to flood control and, upon approval by the 
President of a suitable plan thereof, to the preservation and 
propagation of fish and wildlife, and operation and maintenance costs 
allocable to the same purposes, shall be nonreimbursable.

(b) Conditions precedent to construction

    Actual construction of the project herein authorized shall not be 
commenced, and no construction contract awarded therefor, until (1) the 
Congress shall have consented to the interstate compact between the 
States of New Mexico, Oklahoma, and Texas agreed upon by the Canadian 
River Compact Commission at Santa Fe, New Mexico, December 6, 1950, in 
conformity with Public Law 491, Eighty-first Congress, and (2) repayment 
of that portion of the actual cost of constructing the project which is 
allocated to municipal and industrial water supply and of interest on 
the unamortized balance thereof at a rate (which rate shall be certified 
by the Secretary of the Treasury) equal to the average rate paid by the 
United States on its long-term loans outstanding at the time the 
repayment contract is negotiated minus the amount of such net revenues 
as may be derived from temporary water supply contracts or from other 
sources prior to the close of the repayment period, shall have been 
assured by a contract satisfactory to the Secretary, with one central 
repayment contract organization, the term of which shall not exceed 
fifty years from the date of completion of the municipal and industrial 
water supply features of the project as determined by the Secretary.

(c) Repayment contract

    The repayment contract shall provide, among other things, (1) that 
the holder thereof shall have a first right, to which right the rights 
of the holders of any other type of contract shall be subordinate, to a 
stated share or quantity of the project's available water supply for use 
by its constituent industrial and municipal water users during the 
repayment period and a permanent right to such share or quantity 
thereafter subject to payment of such costs as may be incurred by the 
United States in its operation and maintenance of any part of the 
project works; (2) that, subject to such rules and regulations as the 
Secretary may prescribe, the care, operation, and maintenance of such 
portions of the pipeline and related facilities as are used solely for 
delivering such water to the contract holder and its constituent 
organizations shall, as soon as is practicable after completion of the 
municipal and industrial water supply features of the project, pass to 
the contract holder or to an organization which is designated by it for 
that purpose and which is satisfactory to the Secretary; and (3) that 
title to such portions of the pipeline and related facilities shall in 
like manner pass to the contract holder or its designee or designees 
upon payment to the United States of all obligations arising under 
sections 600b and 600c of this title or incurred in connection with the 
project.

(Dec. 29, 1950, ch. 1183, Sec. 2, 64 Stat. 1124.)

                       References in Text

    Public Law 491, Eighty-first Congress, referred to in subsec. (b), 
is act Apr. 29, 1950, ch. 135, 64 Stat. 93, which is set out as a note 
below.


                     Consent of Congress to Compact

    Act Apr. 29, 1950, ch. 135, 64 Stat. 93, provided: ``That the 
consent of the Congress is hereby given to the States of Oklahoma, 
Texas, and New Mexico to negotiate and enter into a compact not later 
than June 30, 1953, providing for an equitable apportionment among the 
said States of the waters of the Canadian River and its tributaries, 
upon the condition that one suitable person, who shall be appointed by 
the President of the United States, shall participate in said 
negotiations as the representative of the United States and shall make 
report to the Congress of the proceedings and of any compact entered 
into. Said compact shall not be binding or obligatory upon any of the 
parties thereto unless and until the same shall have been ratified by 
the legislature of each of the States aforesaid and approved by the 
Congress of the United States.''

                  Section Referred to in Other Sections

    This section is referred to in sections 600b, 600d of this title; 
title 16 section 460eee-1.
