18
PUBLIC LAW 85-333-FEB. 20, 1958
[72 S T A T.
Whereas the construction of such channel and works are estimated to cost $2,600,000 and $150,000, respectively, and the annual operation and maintenance costs for such channel and such works are estimated to be $55,300 and $4,300 a year, respectively; and Whereas the States of New Mexico and Texas are ready and willing to make substantial contributions to the cost of construction of such channel and works if the United States will join with them in bearing such costs; and Whereas State and local agencies in New Mexico and Texas are ready and willing to undertake equitably the financial burden of operating and maintaining such channel and works, and State and local agencies of Texas are ready and willing to undertake the financial burden of operating and maintaining the works for the alleviation of salinity in the Pecos River; and Whereas the Legislature of the State of New Mexico has authorized the appropriation of $290,000 to meet that State's share of the construction costs of the works; and Whereas the value of benefits which will accrue to the United States from the construction of such channel and works, including restoration of the ability of water users in such basin to pay their contractual obligation of approximately $3,500,000 to the United States, are substantially in excess of the share of the costs of construction of such channel and works to be borne by the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United sin*New1i4r'xu:*o ^^^^^^ ^ / ^'mevica iu Congress assembled, That the Secretary of the and Texas. Interior is authorized to construct a one thousand five hundred cubic foot per second water salvage channel, levee, cleared floodway, and spur drains sufficient to drain McMillan Delta in the Pecos Basin in New Mexico substantially in accordance with the plans described in the report of the Secretary of the Interior entitled "McMillan Delta Project, Pecos Eiver Basin, NCAV Mexico'-, House Document 429, Eighty-fourth Congress, but with such modifications of, additions to, and deletions from said plans as the Secretary may find appropriate to accomplish the purposes of this joint resolution: Provided, however, That no money shall be appropriated for, and no work commenced on the clearing of the floodway called for in said report unless provisions shall have been made to replace any Carlsbad irrigation district terminal storage which might be lost by the clearing of the floodway: Provided further, That prior to construction of the water salvage channel the Secretary shall, unless clearance of the floodway is then assured, analyze the adequacy of the designed floodway levee and make such new designs therefor as will assure substantially the same standards of flood protection as would be achieved by the presently contemplated levee with a cleared floodway. The Secretary shall not proceed with the construction of such channel until (1) he has adequate assurance from the State of New Mexico that it will, as its share of the costs of construction of such channel, acquire such rights-ofway, complete such highway changes, and construct such bridges as may be necessitated by the construction of such channel and that it Avill build an access road to such channel, (2) he has adequate assurance from the Pecos River Commission or other State and local agencies in New Mexico and Texas that such commission or agencies in New Mexico and Texas will operate and maintain such channel and other works authorized in this section, and (3) he has adequate assurance in the form of contracts with the Carlsbad Irrigation District, New Mexico, and the Red Bluff Water Power Control District, Texas, that they will return to the United States each year during a fifty-year period from the date of completion of the works authorized by this
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