Page:United States Statutes at Large Volume 106 Part 6.djvu/66

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106 STAT. 4624 PUBLIC LAW 102-575—OCT. 30, 1992 this subsection may be brought in the judicial district where the alleged violation occurred or is about to occur, where fish, wildlife, or recreation resources are located, or in the District of Columbia. (3) LIMITATIONS.—(A) No action may be commenced under paragraph (1) before sixty days after written notice of the violation has been given to the Secretary. (B) Notwithstanding subparagraph (A), an action may be brought immediately after such notification in the case of an action under this section respecting an emergency posing a significant risk to the well-being of any species offish or wildlife. (C) Subparagraph (A) is intended to provide reasonable notice where possible and not to affect the jurisdiction of the courts. (4) COSTS AWARDED BY THE COURT. —The court may award costs of litigation (including reasonable attorney and expert witness fees and expenses) to any party, other than the United States, whenever the court determines such award is appropriate. (5) DISCLAIMER.—The relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief. (k) PRESERVATION OF STATE LAW.— Nothing in this section shall be deemed to preempt or supersede State law. SEC. 208. LIMITATION ON HYDROPOWER OPERATIONS. (a) LIMITATION. —Power generation facilities associated with the Central Utah Project and other features specified in titles II through V of this Act shall be operated and developed in accordance with the Act of April 11, 1956 (70 Stat. 109; 43 U.S.C. 6200. (b) COLORADO RIVER BASIN WATERS.— Use of Central Utah Project water diverted out of the Colorado River Basin for power purposes shall only be incidental to the delivery of water for other authorized project piuposes. Diversion of such waters out of the Colorado River Basin exclusively for power purposes in prohibited. SEC. 209. OPERATING AGREEMENTS. The District, in consultation with the Commission and the Utah Division of Water Rights, shall apply its best efforts to achieve operating agreements for the Jordanelle Reservoir, Deer Creek Reservoir, Utah Lake and Strawberry Reservoir within two years of the date of enactment of this Act. SEC. 210. JORDAN AQUEDUCT PREPAYMENT. Under such terms as the Secretary may prescribe, and within one year of the date of enactment of tiiis Act, the Secretary shall allow for the prepayment, or shall otherwise dispose of, repayment contracts entered into among the United States, the District, the Metropolitan Water District of Salt Lake City, and the Salt Lake County Water Conservancy District, dated May 16, 1986, providing for repayment of the Jordan Aqueduct Svstem. In carrying out this section, the Secretary shall take such actions as he deems appropriate to accommodate, effectuate, and otherwise protect the rights and obligations of the United States and the obligors under the contracts executed to provide for payment of such repayment contracts. SEC. 211. AUDIT OF CENTRAL UTAH PROJECT COST ALLOCATIONS. Not later than one year after the date on which the Secretary declares the Central TJtah Project to be substantially complete,