Page:United States Statutes at Large Volume 91.djvu/70

 91 STAT. 36

PUBLIC LAW 95-18—APR. 7, 1977

^A Public Law 95-18 95th Congress An Act Apr. 7, 1977 [S. 925]

To provide temporary authorities to the Secretary of the Ulterior to facilitate emergency actions to mitigate the impacts of the 1976-77 drought.

Be it enacted by the Senate and House of Representatives of the Drought of United States of America in Congress assembled, That the Secretary 1976-1977. of the Interior, hereinafter referred to as the "Secretary", acting Temporary through the Bureau of Reclamation and the Bureau of Indian Affairs emergency pursuant to the authorities in the Federal Reclamation Laws (74 Stat. authority to 882, as amended) and other aj/propriate authorities of the Secretary, Secretary of the and the authorities granted herein, is directed to— Interior. (a) perform studies to identify opportunities to augment, 43 USC 502 note. 43 USC utilize, or conserve water supplies available to Federal reclama615v-615x. tion projects and Indian irrigation projects constructed by the Secretary; and consistent with existing contractual arrangements, and State law, and without further authorization, to undertake construction, management and conservation activities which can be expected to have an effect in mitigating losses and damages to Federal reclamation projects and Indian irrigation projects constructed by the Secretary resulting from the 1976-1977 drought period: Provided, That construction activities undertaken to implement the programs authorized by this Act shall be completed by November 30, 1977; (b) assist willing buyers in their purchase of available water supplies from willing sellers and to redistribute such water to irrigators based upon priorities to be determined by the Secretary within the constraints of State water laws, with the objective of minimizing losses and damages resulting from the d r o u g h t; and (c) undertake expedited evaluations and reconnaissance studies of potential facilities to mitigate the effects of a recurrence of the current emergency and make recommendations to the President and to the Congress evaluating such potential undertakings including, but not limited to, wells, p u m p i n g plants, pipelines, canals, and alterations of outlet works of existing impoundments. Purchases of SEC. 2. (a) Payments for water acquired from willing sellers will be at a negotiated price, but will not confer any undue benefit or profit 43 USC 502 note. to any person or persons compared to what would have been realized if the water h a d been used in the normal irrigation of crops adapted to the area, as determined by the Secretary. (b) Purchases of water acquired under subsection (a) above shall be made at a price to be determined by the Secretary: Provided, That the selling price shall be sufficient to recover all expenditures made in acquiring the water. 43 USC 502 note. SEC. 3. (a) The Secretary shall determine for purposes of this Act the priority of need for allocating the water, taking into consideration, among other things. State law, national need, and the effect of losing perennial crops due to drought. 'Irrigators.' (b) For the purposes of this Act the term " i r r i g a to r s " shall mean any person or legal entity who holds a valid existing water r i g h t for irrigation purposes within Federal reclamation projects and within all irrigation projects constructed by the Secretary for Indians.

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