republic-os/legal/us/code/title-43/chapter-12a/section-617e.md

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LegalText	43 U.S.C. § 617e	Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority	us	united_states_code	code_section	43	PUBLIC LANDS	12A	BOULDER CANYON PROJECT	617e	43 U.S.C. § 617e	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip	/us/usc/t43/s617e	data/legal/raw/us/code/title-43/usc43.xml	e5ce608f6cf4c49abaa70305bed83a82daed5c25aed09fffaa72840d07ffe50b	d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f	a928d75eb3a3134b6e5f35af8626c974e489b5e69746900992e3058d530579ca	2026-07-04	official	legal us-code

43 U.S.C. § 617e - Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority

Text

The dam and reservoir provided for by section 617 of this title shall be used: First, for river regulation, improvement of navigation, and flood control; second, for irrigation and domestic uses and satisfaction of present perfected rights in pursuance of Article VIII of said Colorado River compact; and third, for power. The title to said dam, reservoir, plant, and incidental works shall forever remain in the United States, and the United States shall, until otherwise provided by Congress, control, manage, and operate the same, except as herein otherwise provided: Provided, however, That the Secretary of the Interior may, in his discretion, enter into contracts of lease of a unit or units of any Government-built plant, with right to generate electrical energy, or alternatively, to enter into contracts of lease for the use of water for the generation of electrical energy as herein provided, in either of which events the provisions of section 617d of this title relating to revenue, term, renewals, determination of conflicting applications, and joint use of transmission lines under contracts for the sale of electrical energy, shall apply. The Secretary of the Interior shall prescribe and enforce rules and regulations conforming with the requirements of the Federal Power Act [16 U.S.C. 791a et seq.], so far as applicable, respecting maintenance of works in condition of repair adequate for their efficient operation, maintenance of a system of accounting, control of rates and service in the absence of State regulation or interstate agreement, valuation for rate-making purposes, transfers of contracts, contracts extending beyond the lease period, expropriation of excessive profits, recapture and/or emergency use by the United States of property of lessees, and penalties for enforcing regulations made under this subchapter or penalizing failure to comply with such regulations or with the provisions of this subchapter. He shall also conform with other provisions of the Federal Power Act and of the rules and regulations of the Federal Power Commission, which have been devised or which may be hereafter devised, for the protection of the investor and consumer. The Federal Power Commission is directed not to issue or approve any permits or licenses under said Federal Power Act [16 U.S.C. 791a et seq.] upon or affecting the Colorado River or any of its tributaries, except the Gila River, in the States of Colorado, Wyoming, Utah, New Mexico, Nevada, Arizona, and California until this subchapter shall become effective as provided in sections 617c of this title.

(Dec. 21, 1928, ch. 42, § 6, 45 Stat. 1061.)

Notes

Editorial Notes

References in TextThe Federal Power Act, referred to in text, which was in the original the “Federal Water Power Act”, is defined in section 617k of this title. For further details, see note set out under section 617k of this title.

Statutory Notes and Related Subsidiaries

Transfer of Functions The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.

Executive Documents

Transfer of Functions Executive and administrative functions of Federal Power Commission, with certain reservations, transferred to Chairman of Commission, with authority vested in him to authorize their performance by any officer, employee, or administrative unit under his jurisdiction, by Reorg. Plan No. 9 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix to Title 5, Government Organization and Employees.