Page:United States Statutes at Large Volume 86.djvu/1007

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[86 STAT. 965]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 965]

86

STAT.]

PUBLIC LAW 92-514-OCT. 20, 1972

in the water table of the area surrounding the project attributable to operation of the project or any part thereof. Such control system, or so much thereof as is necessary to provide such positive identification with respect to any stage of the project, shall be installed concurrently with such stage of the project. (b) The Secretary shall operate project facilities in a manner that will not cause the water table available for any irrigation or domestic wells in existence prior to the construction of the project to drop more than two feet and in a manner that will not cause reduction of artesian flows in existence prior to the construction of the project. SEC. 103. There is hereby established an operating committee consisting of one member appointed by the Secretary, one member appointed by the Colorado Water Conservation Board, and one member appointed by the Rio Grande Water Conservation District, which is authorized to determine from time to time whether the requirements of section 102 of this Act are being complied with. The committee shall inform the Secretary if the operation of the project fails to meet the requirements of section 102 or adversely affects the beneficial use of water in the Rio Grande Basin in Colorado as defined in article 1(c) of the Rio Grande compact (53 Stat. 785). Upon receipt of such information the Secretary shall modify, curtail, or suspend operation of the project to the extent necessary to comply with such requirements or eliminate such adverse effect. SEC. 104. (a) Except as hereinafter provided, project costs shall be nonreimbursable. (b) After the project or any phase thereof has been constructed and is operational, the Secretary shall make water available in the following listed order of priority: (1) To assist in making the annual delivery of water at the gaging station on the Rio^ Grande near Lobatos, Colorado, as required by article III of the Rio Grande compact: Provided, That the total amount of water delivered for this purpose shall not exceed an aggregate of six hundred thousand acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of January next succeeding the year in which the Secretary determined that the project authorized by this Act is operational. (2) To maintain the Alamosa National Wildlife Refuge and the Mishak National Wildlife Refuge: Provided, That the amount of water delivered to the Alamosa National Wildlife Refuge shall not exceed five thousand three hundred acre-feet annually, and the water delivered to the Mishak National Wildlife Refuge shall not exceed twelve thousand five hundred acre-feet annually. (3) To apply to the reduction and elimination of any accumulated deficit in deliveries by Colorado as is determined to exist by the Rio Grande Compact Commission under article VI of the Rio Grande compact at the end of the compact water years in which the Secretary first determines the project to be operational. (4) For irrigation or other beneficial uses in Colorado: Provided, That no water shall be delivered until agreements between the United States and water users in Colorado, or the Rio Grande Water Conservation District acting for them, have been executed providing for the repayment of such costs as in the opinion of the Secretar^'^ are appropriate and within the ability of the users to pay. SEC. 105. Construction of the project shall not be started until the State of Colorado agrees that it will, as its participation in the project, convey to the United States easements and rights-of-way over lands owned by the State that are needed for wells, channels, laterals, and

965

Water table.

Committee, establishment.

Water delivery.

Gaging station, Labatos, Colo.

Alamosa and Mishak National Wildlife Refuges.

Easements, rights-of-way.