MISCEL. AUTHORITY, INTERNTL. BOUNDARY COMM. 535 property or the construction of others in lieu thereof or he may compensate the owners thereof to the extent of the reasonable value thereof as the same may be agreed upon by the American Commissioner with such owner. [Damage claims.]-The Secretary of State acting through such officers as he may designate, is further authorized to consider, adjust, and pay from funds appropriated for the project, the construction of which resulted in damages, any claim for damages accruing after March 31, 1937, caused to owners of lands or other private property of any kind by reason of the operations of the United States, its officers or employees, in the survey, construction, operation, or maintenance of any project constructed or administered through the American Commissioner, International Boundary and Water Commission, United States and Mexico, if such claim for damages does not exceed $1,000 and has been filed with the American Commissioner within one year after the damage is alleged to have occurred, and when in the opinion of the American Commissioner such claim is substantiated by a report of a board appointed by the said Commissioner. (49 Stat. 906; Act of June 19, 1939, 53 Stat. 841; § 2(15), Act of October 31, 1951, 65 Stat. 707; Act of August 28, 1957, 71 Stat. 475; 22 U.S.C. § 277e) EXPLANATORY NOTES 1957 Amendment. The Act of August 28, 1957, 71 Stat. 475, eliminated from the first paragraph the limitation that leases could be issued only to American citizens. For legislative history of the 1957 Act see H.R. 8929, Public Law 85-201 in the 85th Congress; H.R. Rept. No. 945; S. Rept. No. 862. 1951 Amendment. Section 2(15) of the Act of October 31, 1951, 65 Stat. 707, inserted the reference in the first paragraph to the Federal Property and Administrative Services Act of 1949. 1939 Amendment. The Act of June 19, 1939, 53 Stat. 841, added the last paragraph relating to damage claims. For legislative history of the 1939 Act see H.R. 3065, Public Law 134 in the 76th Congress; H.R. Rept. No. 274; S. Rept. No. 519. International Boundary Commission. The International Boundary Commission was created pursuant to the Convention with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treaty with Mexico of February 3, 1944 (effective November 8, 1945), 59 Stat. 1219. The 1944 Treaty appears herein in chronological order. Cross Reference, Treaties with Mexico. A note following the Treaty of February 3, 1944, herein, briefly describes the treaties and conventions with Mexico regarding the Rio Grande and the Colorado Rivers. Cross Reference, Damage Claims from Construction of Falcon Dam. The Act of August 19, 1964, 78 Stat. 481, authorizes the United States Commissioner to settle claims for loss by reason of sudden floods of the Rio Grande resulting from the construction of Falcon Dam. For legislative history of the 1964 Act see H.R. 8999, Public Law 88-447 in the 88th Congress; H.R. Rept. No. 964; S. Rept. No. 1311. Cross References, Statutory Authority of the Commission. The Act of August 19, 1935, which appears herein in chronological order, provides general authority for the work of the Commission, and the notes following the Act briefly summarize other statutory provisions relating to its program. Editor's Note, Annotations. Annotations of opinions are not included because this statute does not relate primarily to activities of the Bureau of Reclamation. Legislative History. H.R. 7927, Public Law 370 in the 74th Congress. H.R. Rept No. 1622. S. Rept. No. 1417. 536 AMERICAN DIVERSION DAM, RIO GRANDE An act authorizing construction, operation, and maintenance of Rio Grande canalization project and authorizing appropriation for that purpose (Act of August 29, 1935, ch. 805, 49 Stat. 961) [Sec. 1. Construction of diversion dam in Rio Grande.]-Upon the completion of the engineering investigation, study, and report to the Secretary of State, as heretofore authorized by Public Resolution Numbered 4, Seventy-fourth Congress, approved February 13, 1935, the Secretary of State, acting through the American Section, International Boundary Commission, United States and Mexico, in order to facilitate compliance with the convention between the United States and Mexico concluded May 21, 1906, providing for the equitable division of the waters of the Rio Grande, and to properly regulate and control, to the fullest extent possible, the water supply for use in the two countries as provided by treaty, is authorized to construct, operate, and maintain, in substantial accordance with the engineering plan contained in said report, a diversion dam in the Rio Grande wholly in the United States, with appurtenant connections to existing irrigation systems, and to acquire by donation, condemnation, or purchase such real and personal property as may be necessary therefor. (49 Stat. 961) EXPLANATORY NOTES Reference in the Text. Public Resolution Numbered 4, Seventy-fourth Congress, approved February 13, 1935, referred to in the text, 49 Stat. 24, authorized an appropriation of $60,000 to defray the expenses of the American section, International Boundary Commission, United States and Mexico, in investigating the feasibility and best means of effecting the canalization of the Rio Grande from the Caballo Reservoir site in New Mexico to the international diversion dam near El Paso, Texas. Reference in the Text. The convention between the United States and Mexico concluded May 21, 1906, referred to in the text, appears herein in chronological order. Sec. 2. [Appropriation of $1,000,000-Any portion may be transferred for direct expenditure to Department of Interior.]-There is authorized to be appropriated the sum of $1,000,000 for the purposes of carrying out the provisions of section 1 hereof, other than for operation and maintenance, including salaries and wages, fees for professional services; rents, travel expenses; per diem in lieu of actual subsistence; printing and binding, law books and books of reference: Provided, That the provisions of section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5) shall not apply to any purchase made or service procured when the aggregate amount involved is $100 or less; purchase, exchange, maintenance, repair, and operation of motor-propelled passenger- and freightcarrying vehicles; hire with or without personal services, of work animals and animal-drawn and motor-propelled vehicles and equipment; acquisition by donation, condemnation, or purchase of real and personal property; transportation (including drayage) of personal effects of employees upon change of station; telephone, telegraphic, and air-mail communications; rubber boots for official use by employees; ice; equipment, services, supplies, and materials and other such miscellaneous expenses as the Secretary of State may deem necessary prop AMERICAN DIVERSION DAM, RIO GRANDE 537 erly to carry out the provisions of the Act: Provided, That any part of any appropriation made hereunder may be transferred to, for direct expenditure, by the Department of the Interior pursuant to such arrangements therefor as may be from time to time effected between the Secretary of State and the Secretary of the Interior, or as directed by the President of the United States. (49 Stat. 961). EXPLANATORY NOTES Not Codified. This Act is not codified to the U.S. Code. American Diversion Dam. The diversion dam constructed and operated by the United States section of the International Boundary Commission, under the authority of this Act, is located on the Rio Grande 2 miles northwest of El Paso immediately above the point where the river becomes the international boundary line. The dam is called the American Diversion Dam. Purpose: Rio Grande Canalization Project. The purpose of the American Diversion Dam is to provide better measurement and control of the 60,000 acre-feet of water annually which the United States is obligated to deliver to Mexico in the bed of the Rio Grande under the convention of May 21, 1906 (effective January 16, 1907). The diversion dam is part of an over-all project by the United States section of the Commission to provide better control over and more efficient use of the waters released from the Elephant Butte Reservoir. The remainder of this work, called the Rio Grande canalization project, was authorized by the Act of June 4, 1936, 49 Stat. 1463. Both the 1906 convention and the 1936 Act appear herein in chronological order. International Boundary Commission. The International Boundary Commission was created pursuant to the Convention with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treaty with Mexico of February 3, 1944 (effective November 8, 1945), 59 Stat. 1219. The 1944 Treaty appears herein in chronological order. Reference in the Text. Section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5), referred to in section 2, deals with competitive bidding. The section appears herein in the Appendix. Cross Reference, Statutory Authority of the Commission. The Act of August 19, 1935, which appears herein in chronological order, provides general authority for the work of the Commission, and the notes following the Act briefly summarize other statutory provisions relating to its program. Editor's Note, Annotations. Annotations of opinions are not included because this statute does not relate primarily to activities of the Bureau of Reclamation. Legislative History. S. 3085, Public Law 392 in the 74th Congress. S. Rept. No. 1292. H.R. Rept. No. 1764 (on H.R. 8692). 267-067-72-vol. I 37 538 PARKER AND GRAND COULEE DAMS AUTHORIZED [Extract from] An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Act of August 30, 1935, 49 Stat. 1028, 1039) Sec. 2. [Authorization of Parker and Grand Coulee dams-All contracts and agreements heretofore made ratified-Authorization of Head Gate Rock dam, Arizona.]-For the purpose of controlling floods, improving navigation, regulating the flow of the streams of the United States, providing for storage and for the delivery of the stored water thereof, for the reclamation of public lands and Indian reservations, and other beneficial uses, and for the generation of electric energy as a means of financially aiding and assisting such undertakings, the projects known as "Parker Dam" on the Colorado River and "Grand Coulee Dam" on the Columbia River, are hereby authorized and adopted, and all contracts and agreements which have been executed in connection therewith are hereby validated and ratified, and the President, acting through such agents as he may designate, is hereby authorized to construct, operate, and maintain dams, structures, canals, and incidental works necessary to such projects, and in connection therewith to make and enter into any and all necessary contracts including contracts amendatory of or supplemental to those hereby validated and ratified. The construction by the Secretary of the Interior of a dam in and across the Colorado River at or near Head Gate Rock, Arizona, and structures, canals, and incidental works necessary in connection therewith is hereby authorized, and none of the waters, conserved, used, or appropriated under the works hereby authorized shall be charged against the waters allocated to the upper basin by the Colorado River compact, nor shall any priority be established against such upper basin by reason of such conservation, use, or appropriation; nor shall said dam, structures, canals, and works, or any of them, be used as the basis of making any such charge, or establishing any such priority or right, and all contracts between the United States and the users of said water from or by means of said instrumentalities shall provide against the making of any such charge or claim or the establishment of any priority right or claim to any part or share of the water of the Colorado River allocated to the Upper Basin by the Colorado River compact, and all use of said instrumentalities shall be in compliance with the conditions and provisions of said Colorado River compact and the Boulder Canyon Project Act. (49 Stat. 1039; 33 U.S.C. § 540) EXPLANATORY NOTES Parker Dam: Background. On January 14, 1935, the United States filed a bill in equity in the Supreme Court to enjoin the State of Arizona from interfering with the construction of Parker Dam, which it had done by threatening the use of military force to halt construction. The dam was begun the previous September, over Arizona's objections, by Harold L. Ickes, Secretary of the Interior and Federal Emergency Administrator of Public Works, pursuant to a contract between the United States and the Metropolitan Water District of Southern California. Dismissing the Government's PARKER AND GRAND COULEE DAMS AUTHORIZED bill, the Court found that the Government had not complied with section 9 of the Act of March 3, 1899, forbidding the construction of any dam in any navigable river of the United States until the consent of Congress had been obtained, and until the plans had been approved by the Chief of Engineers and the Secretary of War. The Court held that section 9 of the 1899 Act applied to acts of Government officers as well as to private persons. United States v. Arizona, 295 U.S. 174 (1935). Extracts from the 1899 Act, including section 9, appear herein in chronological order. Parker Dam: Metropolitan Water District Contract. Relying upon the existing reclamation law, the Secretary of the Interior entered into a cooperative contract with the Metropolitan Water District of Southern California on February 10, 1933, whereby the United States agreed to build and operate the Parker Dam with funds provided by the district. The United States was to retain title and retain control over all water passing the dam. The district was accorded the right to divert water from the reservoir created by the dam and one-half the power privileges. The United States retained one-half the power privilege and the right to divert water from the reservoir for the Colorado River Indian Reservation and for projects built under the reclamation law. The Government also secured the right to utilize excess capacity in the district's transmission system from Hoover Dam to Parker Dam. Cross References, Parker Dam Power Project. The Act of May 2, 1939, 53 Stat. 626, includes an appropriation for continuing construction of the Parker Dam power plant. The Act of October 28, 1942, provided for the acquisition of Indian lands required in connection with the construction, operation and maintenance of electric transmission lines and other works of the Parker Dam project. Cross Reference, Parker-Davis Project. The Act of May 28, 1954, 68 Stat. 143, authorized the Parker Dam power project and the Davis Dam project to be consolidated and administered as a single project to be known as the Parker-Davis project, Arizona-California-Nevada. The Act appears herein in chronological order. Reference in the Text. The Colorado River Compact, referred to in the text, appears herein in chronological order following the Act of December 21, 1928, the Boulder Canyon Project Act. Grand Coulee Dam: Background. Funds were initially made available for the construction of Grand Coulee Dam by the Public Works Administration on July 27, 1933, by an allotment of $63 million under sec 539 tion 202 of the National Industrial Recovery Act of June 16, 1933. In August 1934, the first of two major contracts for the construction of Grand Coulee Dam and Power Plant was awarded to a combination of contracting firms. Originally, the building of Grand Coulee Dam was planned in two stages. A low dam was to be built first, but with a foundation designed so that a high dam could later be superimposed on this low dam, and a pumping plant and other components of the irrigation system added at that time. By the Act above, authorizing construction of Parker and Grand Coulee Dams, the Congress ratified the contracts already entered into for construction of Grand Coulee Dam and authorized construction of the high dam and the irrigation project. Cross Reference, Columbia Basin Project. The Grand Coulee Dam project on the Columbia River was renamed as the Columbia Basin Project and reauthorized by the Act of March 10, 1943, 57 Stat. 14. The Act appears herein in chronological order. Columbia Basin Compact, Consent to Negotiate. The Act of March 4, 1925, 43 Stat. 1268, granted the consent of Congress to the States of Washington, Idaho, Oregon and Montana to negotiate and enter into a compact not later than January 1, 1927, providing for an equitable apportionment of the water of the Columbia River and its tributaries. This Act was extended by subsequent acts through January 1, 1935 (Acts of April 13, 1926, 44 Stat. 247; March 3, 1927, 44 Stat. 1403; and June 29, 1932, 47 Stat. 381). The compact not having been entered into, the Congress again granted its consent to the same states and Wyoming to negotiate a compact by the Act of July 16, 1952, 66 Stat. 737. This act was amended by the Act of July 14, 1954, 68 Stat. 468, by adding the States of Nevada and Utah to those already authorized to negotiate and enter into a compact. The 1952 Act, as amended, appears herein in chronological order. Bonneville Power Administration. Executive Order No. 8526, dated August 26, 1940, designated the Bonneville Power Administrator under the supervision of the Secretary as agent for the sale and distribution of electrical power and energy generated at the Grand Coulee Dam project and not required for the operation of that project, including its irrigation features. 5 Fed. Reg. 3390 (1940). Legislative History. H.R. 6732, Public Law 409 in the 74th Congress. H.R. Rept. No. 424. S. Rept. No. 893. H.R. Rept. No. 1738 (on H. Res. 322). H.R. Rept. No. 1816 (conference report). |