45-107

45-107. Cooperation with the secretary of the
interior of the United States

A. The director is authorized, for and on behalf of the state of Arizona, to
consult, advise and cooperate with the secretary of the interior of the United States, as
follows:

1. In the exercise of any authority conferred upon the secretary of the interior
under the provisions of sections 4, 5 and 14 of the act commonly known as the Boulder
Canyon project act (43 United States Code sections 617 through 617t), as contemplated and
provided in section 16 of the Boulder Canyon project act.

2. In respect to the authority of the secretary of the interior to contract for the
delivery of water of the main stream of the Colorado river for use within the state of
Arizona.

3. In respect to all powers and duties of the secretary of the interior under the
provisions of that certain contract between the United States of America, acting by
Harold L. Ickes, secretary of the interior, and the state of Arizona, acting by the
Colorado river commission, entered into on the 9th day of February, 1944, pursuant to
chapter 46 of the 1939 session laws of Arizona, and approved by chapter 4 of the 1944
session laws of Arizona.

4. In respect to the exercise by the secretary of the interior of any authority
relative to the water of the Colorado river conferred upon the secretary of the interior
by the provisions of any legislation enacted by the Congress of the United States of
America.

5. In respect to the development, negotiation and execution of interstate banking
agreements in accordance with chapter 14 of this title.

B. The powers and duties of the director authorized by this section shall be
limited and restricted to only that quantity of water which may be available for use in
the state of Arizona, after the satisfaction of all existing contracts between the
secretary of the interior and users in the state of Arizona for the delivery of water of
the main stream of the Colorado river, and shall not extend to any such contracts, any
amendments or supplements thereto, or to any federal statute enacted before June 21, 1962
pertaining to any federal reclamation project within the state of Arizona constructed
and using water of the main stream of the Colorado river before June 21, 1962. Nothing
shall be done under the authority of this section which will impair existing rights in
the state of Arizona for the diversion and use of Colorado river water.

C. The privilege and right of individuals, irrigation districts, corporations,
state departments, agencies, boards, commissions or political subdivisions of the state
of Arizona to negotiate and directly contract with the secretary of the interior for the
delivery of water of the main stream of the Colorado river for use within the state of
Arizona and to negotiate and subcontract with the secretary of the interior and a
multi-county water conservation district for the delivery of Colorado river water through
the central Arizona project for use within the state of Arizona, and all rights under
such contracts or subcontracts shall not be affected by the provisions of this section,
except as provided in subsection D.

D. Individuals, irrigation districts, corporations, state departments, agencies,
boards, commissions and political subdivisions of the state shall cooperate, confer with
and obtain the advice of the director as to those negotiations, contracts and
subcontracts described in subsection C that affect the allocation and use of main stream
Colorado river water or the allocation and use of Colorado river water delivered through
the central Arizona project. For a proposed contract or subcontract or a proposed
amendment of a contract or subcontract that will result in a transfer of an allocation or
entitlement of Colorado river water, including central Arizona project water, from a
non-Indian Arizona contractor or subcontractor for a term of more than one year, the
obligation to cooperate, confer with and obtain the advice of the director shall include
the obligation to submit to the director for review the proposed contract or subcontract
or the proposed amendment, and all related exhibits and agreements, prior to its
execution by the contractor or subcontractor.