76 STAT.]

PUBLIC LAW 87-590-AUG. 16, 1962

389

any development period, from the time water is first delivered to that
block. Costs allocated to irrigation in excess of the amount determined by the Secretary to be within the ability of the irrigators to
repay within the repayment period or periods herein specified, shall
be returned to the reclamation fund within such period or periods
from revenues derived by the Secretary of the Interior from the disposition of power marketed through the Federal power system in
southern Idaho.
SEC. 3. (a) The Secretary of the Interior is authorized, in connec- Recreation fation with the Mann Creek project, to construct minimum basic public ainV^^' °°"'^*'^*^
recreation facilities, and to acquire such lands as may be necessary
for that purpose, substantially in accordance with the plan in the
report of the Secretary of the Interior, but such facilities (other than
those necessary to protect the project works and the visiting public)
shall not be constructed until an agreement has been executed by the
State of Idaho, an agency or political subdivision thereof, or an appropriate local agency or organization to assume the management and
operation of the facilities. The cost of constructing such facilities
shall be nonreimbursable and nonreturnable under the reclamation
laws.
(b) The Secretary may make such reasonable provision in the works F i s h and wildauthorized by this Act as he finds to be required for the conservation life, conservation.
and development of fish and wildlife in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661, and the following), and the portion of the 60 Stat. 1080;
construction costs allocated to these purposes, together with an appro- 72 Stat. 563.
priate share of the operation, maintenance, and replacement costs
therefor, shall be nonreimbursable and nonreturnable. Before the
works are transferred to an irrigation water users' organization for
care, operation, and maintenance, the organization shall have agreed
to operate them in such fashion, satisfactory to the Secretary, as to
achieve the benefits to fish and wildlife on which the allocation of
costs therefor is predicated, and to return the works to the United
States for care, operation, and maintenance in the event of failure
to comply with his requirements to achieve such benefits.
SEC. 4. There is hereby authorized to be appropriated for construe- Appropriation,
tion of the works herein authorized the sum of $3,490,000 (April 1961
prices). There are also authorized to be appropriated such sums
as may be required for the operation and maintenance of said works.
Approved August 16, 1962.

Public Law 87-590
AN ACT
To authorize the construction, operation, and maintenance by the Secretary of
the Interior of the Fryingpan-Arkansas project, Colorado.

Be it enacted hy the Senate and Tlou^e of Representatives of the
United States of America in Congress asserabled^ That for the purposes of supplying w^ater for irrigation, municipal, domestic, and
industrial uses, generating and transmitting hydroelectric power and
energy, and controlling floods, and for other useful and beneficial purposes incidental thereto, including recreation and the conservation and
development of fish and wildlife, the Secretary of the Interior is
authorized to construct, operate, and maintain the Fryingpan-Arkansas project, Colorado, in substantial accordance with the engineering
plans therefor set forth in House Document Numbered 187, Eightythird Congress, modified as proposed in the September 1959 report of

August 16, 1962
[H, R. 2206]

interior Depart'"^p'ryingpanArkansas project,
"construction
authorization.

 390

43 u s e 371
note.

Report to President and Congress.

43 u s e 620620o.
Water delivery
faculties.

Repayment contracts.

72 Stat. 542,
543.
43 u s e 485 h.

PUBLIC LAW 87-590-AUG. 16, 1962

[76 STAT.

the Bureau of Reclamation entitled "Ruedi Dam and Reservoir, Colorado", with such minor modifications of, omissions from, or additions
to the works described in those reports as he may find necessary or
proper for accomplishing the objectives of the project. Such modifications or additions as may be required in connection therewith shall
not, however, extend to or contemplate the so-called. Gunnison-Arkansas project; and nothing in this Act shall constitute a commitment,
real or implied, to exportations of water from the Colorado River
system in Colorado beyond those required for projects heretofore or
herein authorized. In constructing, operating, and maintaining the
Fryingpan-Arkansas project, the Secretary shall be governed by the
Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, and
Acts amendatory thereof or supplementary thereto).
(b) A reservoir at the Ruedi site on the Fryingpan River with an
active capacity of approximately one hundred thousand acre-feet shall
be constructed in lieu of the reservoir on the Roaring Fork River at the
Aspen site contemplated in House Document Numbered 187, Eightythird Congress. The Secretary shall investigate and prepare a report
on the feasibilitv of a replacement reservoir at or near the Ashcroft site
on Castle Creek, a tributary of the Roaring Fork River above its
confluence with the Fryingpan River with a capacity of approximately
five thousand acre-feet, but construction thereof shall not be commenced unless said report, which shall be submitted to the President
and the Congress, demonstrates the feasibility of said reservoir and
is approved by the Congress. The Secretary shall expedite completion
of his planning report on the Basalt project, Colorado, as a participating project under the Act of April 11, 1956 (70 Stat. 105), and
said report shall have the priority status of the reports to which reference is made in section 2 of said Act.
(c) No part of the single purpose municipal and industrial water
supply works involved in the Fryingpan-Arkansas project shall be constructed by the Secretary in the absence of evidence satisfactory to him
that it would be in feasible for the communities involved to construct
the works themselves, singly or jointly. I n the event it is determined
that these works, or any of them, are to be constructed by the Secretary, a contract providing, among other things, for payment of the
actual cost thereof, with interest as hereinafter provided, as rapidly
as is consistent with the contracting parties' ability to pay, but in any
event, within fifty years from the time the works are first available
for the delivery of water, and for assumption by the contracting parties of the care, operation, maintenance, and replacement of the works
shall be a condition precedent to construction thereof.
SEC. 2. (a) Contracts to repay the portion of the cost of the Fryingan-Arkansas project allocated to irrigation and assigned to be repaid
y irrigation water users (exclusive of such portion of said cost as
may be derived from temporary water supply contracts or from other
sources) which are entered into pursuant to subsection ( d ) , section 9,
of the Reclamation Project Act of 1939 (53 Stat. 1187^, as amended,
shall provide for a basic repayment period of not more tnan fifty years
after completion of construction and shall not provide for any development period. Such contracts shall be entered into only with
organizations which have the capacity to levy assessments upon all taxable real property located within their boundaries.
(b) Rates charged for commercial power and for water for municipal, domestic or industrial use or for the use of facilities for the
storage and/or delivery of such water shall be designed to return to the:
United States, within not more than fifty years from the completion of
each unit of the project which serves those purposes, those costs of
constructing, operating and maintaining that unit which are allocated

g

 76 STAT. ]

PUBLIC LAW 87-590-AUG. 16, 1962

391

to said purposes and interest on the unamortized balance of said construction allocation and, in addition, within the period fixed by subsection (a) of this section, so much of the irrigation allocation as is
l)eyond the ability of the water users and their Organizations to repay.
(c) The interest rate on the unamortized balance of the commercial
power and municipal, domestic, and industrial water supply allocations shall be determined by the Secretary of the Treasury, as of the
beginning of the fiscal year in which construction is initiated, on the
basis of the computed average interest rate payable by the Treasury
upon its outstanding marketable public obligations, which are neither
due nor callable for redemption for fifteen.years from the date of issue.
SEC. 3. (a) The Fryingpan-Arkansas project shall be operated under
the direction of the Secretary in accordance with the operating principles adopted by the State of Colorado on December 9, 1960, and
reproduced in House Document Numbered 130, Eighty-seventh Congress.
(b) The Secretary may appoint the two representatives of the
United States to the Commission referred to in paragraph 19 of said
principles and may, upon unanimous recommendation of the parties
signatory to the operating principles, adopt such modifications therein
as are not inconsistent with the provisions of this Act.
(c) Any and all benefits and rights of western Colorado water users
in and to water stored in the Green Mountain Reservoir, Colorado-Big
Thompson project, as described, set forth and defined in Senate Document Numbered 80, Seventy-fifth Congress, shall not be impaired,
prejudiced, abrogated, nullified, or diminished in any manner whatever by reason of the authorization, construction, operation, and main
tenance of the Fryingpan-Arkansas project.
(d) Except for such rights as are appurtenant to lands which are
acquired for project purposes, no valid right to the storage or use of
water within the natural basin of the Colorado River in the State of
Colorado shall be acquired by the Secretary of the Interior through
eminent domain proceedings for the purpose of storing or using outside of said basin the water embraced within that right, and no water,
the right to the storage or use of which is so acquired by anyone other
than the Secretary, shall be transported through or by means of any
works of the Fryingpan-Arkansas project from the Colorado River
Basin to the Arkansas River Basin.
SEC. 4. (a) The Secretary is authorized and directed (1) to investi- Recreational
facilitie!
gate, plan, construct, operate, and maintain public recreational facilities on lands withdrawn or acquired for the development of said
project, (2) to conserve the scenery, the natural, historic, and archeologic objects, and the wildlife on said lands, (3) to provide for public
use and enjoyment of the same and of the water areas created by this
project by such means as are consistent with the purposes of said
project, and (4) to investigate, plan, construct, operate, and maintain
facilities for the conservation and development of fish and wildlife
resources. The Secretary is authorized to acquire lands and to withdraw public lands from entry or other disposition under the public
land laws necessary for the construction, operation, and maintenance
of the facilities herein provided, and to dispose of them to Federal,
State, and local governmental agencies by lease, transfer, exchange,
or conveyance upon such terms and conditions as will best promote
their development and operation in the public interest: Provided^ lands.
^^^ationai forest
That all lands within the exterior boundaries of a national forest
acquired for recreational or other project purposes which are not determined by the Secretary of the Interior to be needed for actual use in
connection with the reclamation works shall become national forest
lands: Provided further^ That the Secretary of the Interior shall
I

J

-i

•

•

1 1 *

•

_

_

,

,

*

-

*

—111*1-.-.

 392

45 Stat. 1057.
43 u s e 6l7t,
54 Stat. 774.
43 u s e 6l«o.
70 Stat. 105.
43 u s e 620-6200.
59 Stat. I2i§,

45 Stat. 1.057.
43 u s e 617t.
54 Stat. 774.
43 u s e 618o.
70 Stat. 105.
43 u s e 620620o.
59 Stat. 1219.

PUBLIC LAW 87-590-AUG. 16, 1962

[76 STAT.

make his determination hereunder within five years after approval
of this Act or, in the case of individual tracts of land, within five years
after their acquisition by the United States: And provided further.
That the authority contained in this section shall not be exercised by
the Secretary of the Interior with respect to national forest lands without the concurrence of the Secretary of Agriculture.
(b) The costs, including the operation and maintenance costs, of
the undertakings described in subsection (a) of this section shall be
nonreimbursable and nonreturnable under the reclamation laws. The
funds appropriated for carrying out the authorization contained in
section 1 of this Act shall, without prejudice to the availability of
other appropriated moneys for the same purpose, also be available for
carrying out the investigations and programs authorized in this
section.
SEC. 5. (a) The use of water diverted from the Colorado River system to the Arkansas River Basin through works constructed under
authority of this Act shall be subject to and controlled by the Colorado River compact, the Upper Colorado River Basin compact, the
Boulder Canyon Project Act, the Boulder Canyon Project Adjustment Act, the Colorado River Storage Project Act, and the Mexican
Water Treaty (Treaty Series 994), and shall be included within and
shall in no way increase the total quantity of water to the use of which
the State of Colorado is entitled and limited under said compacts,
statutes, and treaty, and every contract entered into under this Act
for the storage, use, and delivery of such water shall so recite.
(b) All works constructed under authority of this Act, and all
officers, employees, permittees, licensees, and contractees of the United
States and of the State of Colorado acting pursuant thereto, and all
users and appropriators of water of the Colorado River system diverted or delivered through the works constructed under authority of
this Act and any enlargements or additions thereto shall observe and
be subject to said compacts, statutes, and treaty, as hereinbefore provided, in the diversion, delivery, and use of water of the Colorado River
system, and such condition and covenant shall attach as a matter of
law whether or not set out or referred to in the instrument evidencing
such permit, license, or contract and shall be deemed to be for the
benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and the users of water
therein or thereunder by way of suit, defense, or otherwise in any
litigation respecting the waters of the Colorado River system.
(c) None of the waters of the Colorado River system shall be I
exported from the natural basin of that system by means of works
constructed under authority of this Act, or extensions and enlargements of such works, to the Arkansas River Basin for consumptive
use outside of the State of Colorado, and no such waters shall be made
available for consumptive use in any State not a party to the Colorado
River compact by exchange or substitution; nor shall the obligations
of the State of Colorado under the provisions of the Arkansas River
compact (63 Stat. 145) be altered by any operations of the FryingpanArkansas project.
(d) No right or claim of right to the use of the waters of the Colorado River system shall be aided or prejudiced by this Act, and the
Congress does not, by its enactment, construe or interpret any provision
of the Colorado River compact, the Upper Colorado River Basin compact, the Boulder Canyon Project Act, the Boulder Canyon Project
Adjustment Act, the Colorado River Storage Project Act, or the Mexican Water Treaty or subject the United States to, or approve or disapprove any interpretation of, said compacts, statutes, or treaty, anything in this Act to the contrary notwithstanding.

 76 STAT. ]

393

PUBLIC LAW 87-591-AUG. 16, 1962

(e) In the operation and maintenance of all facilities under the
jurisdiction and supervision of the Secretary of the Interior authorized by this Act, the Secretary of the Interior is directed to comply
with the applicable provisions of the Colorado River compact, the
Upper Colorado River Basin compact, the Boulder Canyon Project
Act, the Boulder Canyon Project Adjustment Act, the Colorado River
Storage Project Act (and any contract lawfully entered into by the
United States under any of said Acts), the treaty with the United Mexican States, and the operating principles, and to comply with the laws
of the State of Colorado relating to the control, appropriation, use,
and distribution of water therein. In the event of the failure of the
Secretary of the Interior to so comply, any State of the Colorado River
Basin may maintain an action in the Supreme Court of the United
States to enforce the provisions of this section and consent is given
to the joinder of the United States as a party in such suit or suits, as a
defendant or otherwise.
SEC. 6. The Secretary of the Interior is directed to continue his
studies of the quality of water of the Colorado River system, to appraise its suitability for municipal, domestic, and industrial use and
for irrigation in the various areas in the United States in which it is
used or proposed to be used, to estimate the effect of additional developments involving its storage and use (whether heretofore authorized
or contemplated for authorization) on the remaining water available
for use in the United States, to study all possible means of improving
the quality of such water and of alleviating the ill effects thereof, and
to report the results of his studies and estimates to the Congress on
January 3, 1963, and every two years thereafter, the expense of said
studies to be no part of the financial obligation of the FryingpanArkansas project.
SEC. 7. There is hereby authorized to be appropriated for construction of the Fryingpan-Arkansas project, the sum of $170,000,000
(June 1961 prices), plus or minus such amounts, if anyj as may be
justified by reason of ordinary fluctuations in construction costs as
indicated by engineering cost indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and
maintenance of the project and for future costs incurred under section
4 of this Act.
Approved August 16, 1962, 9:45 a. m.

Report to
Congress.

Appropriation.

Public Law 87-591
AN ACT
To amend chapter 31 of title 38, United States Code, to afford additional time
during which certain veterans blinded by reason of a service-connected disability may be afforded vocational rehabilitation training.

Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That chapter 31 of
title 38, United States Code, is amended by adding after section 1502
the following new section:
"§ 1502A. Blinded veterans
"A veteran who is found to be in need of vocational rehabilitation
to overcome the handicap of blindness resulting from a service-connected disability which affords basic eligibility for vocational rehabilitation under section 1502(a) of this title may be afforded such vocational rehabilitation after the termination date otherwise applicable
to him, but not beyond June 30, 1975, if—

August 16, 1962
[S. 2869]

Blinded veterans.
Vocational rehabilitation,
72 Stat. 1171.
38 u s e 15011510.