Page:United States Statutes at Large Volume 104 Part 1.djvu/1035

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PUBLIC LAW 101-438—OCT. 18, 1990 104 STAT. 1001 Public Law 101-438 101st Congress An Act To provide for the construction, operation, and maintenance of an extension of the Oct. 18, 1990 American Canal at El Paso, Texas. [H.R. 4758] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ^^° Grande American Canal SECTION 1. SHORT TITLE. Extension Act of 1990. This Act may be cited as the "Rio Grande American Canal Extension Act of 1990". SEC. 2. FINDINGS. The Congress Unds the following: (1) The Riverside Dam on the international reach of the Rio Grande River at El Paso, Texas, provides the water used to irrigate nearly 32,000 acres of farmland in the United States. (2) In June 1987, the Riverside Dam failed, and the temporary replacement structure now in place on the river cannot be relied upon to guarantee the continued provision of these waters to the United States. (3) Building a permanent structure in an international reach of the Rio Grande would require the conditional approval of the Government of Mexico through an action of the International Boundary and Water Commission, United States and Mexico, and Mexico could use such structure to divert waters to its own land. (4) The United States constructed the American Dam completely in United States territory to ensure that waters from the American Canal would be completely retained within the United States up to a point below Mexico's diversion at the International Dam. (5) Potentially disruptive international issues might arise from the commingling of the waters of the United States and the waters of Mexico in this reach of the Rio Grande, while such issues would not arise if a canal extension were constructed and operated wholly on the American side of the river. (6) The construction and operation of an extension of the American Canal which would lie wholly in the United States would provide for a more equitable distribution of waters between the United States and Mexico, reduce water losses, and eliminate many hazards to public safety. SEC. 3. CONSTRUCTION OF CANAL EXTENSION, OPERATION, MAINTE- NANCE, AND USE. (a) CONSTRUCTION OF EXTENSION.— Subject to subsection (e), the Secretary shall construct an extension of the American Canal, together with pumping plants, wasteways, measuring devices, and other facilities needed to connect such extension with existing irrigation systems. Such extension shall lie wholly in the United States and shall be approximately 13 miles in length, beginning at 49-139 O - 90 (438)