Title 16ConservationRelease 119-73

§590z–7 Provisions for furnishing surplus power and municipal or miscellaneous water supplies

Title 16 › Chapter CHAPTER 3C— - WATER CONSERVATION › Subchapter SUBCHAPTER II— - CONSERVATION AND UTILIZATION PROJECTS › § 590z–7

Last updated Apr 6, 2026|Official source

Summary

Allows the Secretary to provide extra water for towns and other uses and to develop or sell power beyond what the project needs for irrigation. Money taken from the specific federal appropriation for these extra water or surplus power costs cannot be more than $500,000 for any one project. The Secretary must not make any water or power contract if it would hurt the project’s irrigation work. The Secretary will decide how much of the project’s construction cost is for municipal water or surplus power, and those amounts are not part of the repayment costs charged to irrigation users. The United States keeps ownership of the facilities and the money they earn. Prices in contracts must at least cover the project’s share of yearly operation and maintenance and any fixed charges, including interest. Surplus power sales can last up to 40 years. Water contracts can be for whatever term the Secretary chooses and can include renewal options. Preference in sales or leases goes to cities, public agencies, and to cooperatives or nonprofits helped by Rural Electrification Act loans. The Secretary may also make leases that let others build and run power facilities at these projects. These leases must follow the same leasing process, terms, and conditions used for similar federal leases. The usual findings that are sometimes required are not needed for these leases. Normally, facilities built by nonfederal lessees and the direct revenues they earn stay with the lessee, but lease charges must be credited back to the project that produced the power. Existing hydropower development or revenue agreements in effect on December 19, 2014 remain unchanged.

Full Legal Text

Title 16, §590z–7

Conservation — Source: USLM XML via OLRC

(a)In connection with any project undertaken pursuant to this subchapter, provisions, including contracts of sale, may be made for furnishing municipal or miscellaneous water supplies, or for developing and furnishing power in addition to the power requirements of irrigation: Provided, That expenditures from appropriations made directly pursuant to the authority contained in section 590z–10(1) of this title to meet costs allocated to municipal or miscellaneous water supplies or surplus power shall not exceed $500,000 for any one project: Provided further, That no contract relating to a water supply for municipal or miscellaneous purposes or to electric power shall be made unless, in the judgment of the Secretary, it will not impair the efficiency of the project for irrigation purposes. On any project where such provisions are made, the Secretary shall allocate to municipal or miscellaneous water purposes or to surplus power the part of the estimated construction costs of the project which he deems properly so allocable; and such allocations shall not be included in the reimbursable construction costs covered by the repayment contract or contracts required under section 590z–2 of this title. All right, title, and interest in the facilities provided for such municipal or miscellaneous water supplies or surplus power and the revenues derived therefrom shall be and remain in the United States. Contracts for such municipal or miscellaneous water supplies or for such surplus power shall be at such rates as, in the Secretary’s judgment, will produce revenues at least sufficient to cover the appropriate share of the annual operation and maintenance cost of the project and such fixed charges, including interest, as the Secretary deems proper. Contracts for the sale of surplus power shall be for periods not to exceed forty years and contracts for water supply for municipal or miscellaneous purposes shall be for such periods as the Secretary may determine and may include such renewal options as the Secretary deems desirable: And provided further, That in sales or leases of such power, preference shall be given to municipalities and other public corporations or agencies; and also to cooperatives and other nonprofit organizations financed in whole or in part by loans made pursuant to the Rural Electrification Act of 1936 [7 U.S.C. 901 et seq.] and any amendments thereof.
(b)(1)Notwithstanding subsection (a), the Secretary—
(A)may enter into leases of power privileges for electric power generation in connection with any project constructed pursuant to this subchapter; and
(B)shall have authority over any project constructed pursuant to this subchapter in addition to and alternative to any existing authority relating to a particular project.
(2)In entering into a lease of power privileges under paragraph (1), the Secretary shall use the processes, terms, and conditions applicable to a lease under section 485h(c) of title 43.
(3)No findings under section 590z–1 of this title shall be required for a lease under paragraph (1).
(4)Except as otherwise provided under paragraph (5), all right, title, and interest in and to installed power facilities constructed by non-Federal entities pursuant to a lease under paragraph (1), and any direct revenues derived from that lease, shall remain with the lessee.
(5)Notwithstanding section 590z–6 of this title, lease charges shall be credited to the project from which the power is derived.
(6)Nothing in this section alters or affects any agreement in effect on December 19, 2014, for the development of hydropower projects or disposition of revenues.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Rural Electrification Act of 1936, referred to in subsec. (a), is act May 20, 1936, ch. 432, 49 Stat. 1363, which is classified generally to chapter 31 (§ 901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 901 of Title 7 and Tables.

Amendments

2014—Pub. L. 113–291 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Reference

Citations & Metadata

Citation

16 U.S.C. § 590z–7

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73