Title 43Public LandsRelease 119-73

§2402 Rural water supply program

Title 43 › Chapter CHAPTER 42— - RURAL WATER SUPPLY › Subchapter SUBCHAPTER I— - RECLAMATION RURAL WATER SUPPLY › § 2402

Last updated Apr 6, 2026|Official source

Summary

The Secretary may run a rural water supply program in Reclamation States with non‑Federal partners. The program can look for and study ways to give safe, enough water for homes, towns, and businesses in small and rural areas. It can plan projects by doing appraisal and feasibility studies, and it can help oversee building projects that the Secretary recommends in a feasibility report and that Congress later approves. Every activity must be done with a qualifying non‑Federal project partner. Not later than 1 year after December 22, 2006, the Secretary must publish in the Federal Register rules for who is eligible for help and how requests will be prioritized. The rules must consider things like whether the project serves rural areas, small communities, or Indian tribes; uses a regional or watershed approach; meets urgent needs (for example, improves health or water appearance, gives continuous measurable water-quality benefits, or addresses current or future supply needs); helps meet legal requirements; and is cost effective. The Secretary may include connections to existing infrastructure if they provide a reliable supply, and may include a town over 50,000 people if that town is a critical partner.

Full Legal Text

Title 43, §2402

Public Lands — Source: USLM XML via OLRC

(a)The Secretary, in cooperation with non-Federal project entities and consistent with this subchapter, may carry out a rural water supply program in Reclamation States to—
(1)investigate and identify opportunities to ensure safe and adequate rural water supply projects for domestic, municipal, and industrial use in small communities and rural areas of the Reclamation States;
(2)plan the design and construction, through the conduct of appraisal investigations and feasibility studies, of rural water supply projects in Reclamation States; and
(3)oversee, as appropriate, the construction of rural water supply projects in Reclamation States that are recommended by the Secretary in a feasibility report developed pursuant to section 2405 of this title and subsequently authorized by Congress.
(b)Any activity carried out under this subchapter shall be carried out in cooperation with a qualifying non-Federal project entity, consistent with this subchapter.
(c)Not later than 1 year after December 22, 2006, the Secretary shall, consistent with this subchapter, develop and publish in the Federal Register criteria for—
(1)determining the eligibility of a rural community for assistance under the Program; and
(2)prioritizing requests for assistance under the Program.
(d)The criteria developed under subsection (c) shall take into account such factors as whether—
(1)a rural water supply project—
(A)serves—
(i)rural areas and small communities; or
(ii)Indian tribes; or
(B)promotes and applies a regional or watershed perspective to water resources management;
(2)there is an urgent and compelling need for a rural water supply project that would—
(A)improve the health or aesthetic quality of water;
(B)result in continuous, measurable, and significant water quality benefits; or
(C)address current or future water supply needs;
(3)a rural water supply project helps meet applicable requirements established by law; and
(4)a rural water supply project is cost effective.
(e)The Secretary may include—
(1)to the extent that connection provides a reliable water supply, a connection to pre-existing infrastructure (including impoundments and conveyance channels) as part of a rural water supply project; and
(2)notwithstanding the limitation on population under section 2401(9)(A) of this title, a town or community with a population in excess of 50,000 inhabitants in an area served by a rural water supply project if, at the discretion of the Secretary, the town or community is considered to be a critical partner in the rural supply project.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2402

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73