Title 43Public LandsRelease 119-73

§390cc New or amended contracts

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I–A— - RECLAMATION REFORM › § 390cc

Last updated Apr 6, 2026|Official source

Summary

If a district signs a contract with the Secretary after October 12, 1982, changes a contract after that date to get extra benefits, or changes a contract to follow these rules, then the rules apply to that district. A district that already had a contract on October 12, 1982, and does not make one of those changes stays under the old federal reclamation law as updated by sections 209 through 230 of this title. If that district does not amend its contract within four and one-half years of October 12, 1982, irrigation water may be sent to lands leased over 160 acres only if the full cost (as defined in section 390bb(3)(A)) is paid for the water assigned to those leased acres. The interest rate used to compute full cost must be the same as in section 390ee(a)(3). If a district does not amend its contract, a qualified or limited recipient can choose to follow these rules by making an irrevocable election in a form the Secretary approves. After that election, the district must deliver the irrigation water and collect the extra charges required under these rules for the credit of the United States, and assign to the electing recipient any charges that apply to them. No contract amendments that are not required by these rules can be made without the consent of the other party that is not the federal government.

Full Legal Text

Title 43, §390cc

Public Lands — Source: USLM XML via OLRC

(a)The provisions of this subchapter shall be applicable to any district which—
(1)enters into a contract with the Secretary subsequent to October 12, 1982;
(2)enters into any amendment of its contract with the Secretary subsequent to October 12, 1982, which enables the district to receive supplemental or additional benefits; or
(3)which amends its contract for the purpose of conforming to the provisions of this subchapter.
(b)Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such contract as specified in subsection (a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by sections 209 through 230 of this title [43 U.S.C. 390ii—390zz–1, 373a, 422e, 425b, 485h]. Within a district that does not enter into an amendment of its contract with the Secretary within four and one-half years of October 12, 1982, irrigation water may be delivered to lands leased in excess of a landholding of one hundred and sixty acres only if full cost, as defined in section 390bb(3)(A) of this title, is paid for such water as is assignable to those lands leased in excess of such landholding of one hundred and sixty acres: Provided, That the interest rate used in computing full cost under this subsection shall be the same as provided in section 390ee(a)(3) of this title.
(c)In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipient or limited recipient may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election.
(d)Amendments to contracts which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Federal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title. Sections 209 through 230 of this title, referred to in subsec. (b), are sections 209 through 230 of title II of Pub. L. 97–293, which enacted sections 390ii through 390zz–1 of this title, amended section 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians.

Reference

Citations & Metadata

Citation

43 U.S.C. § 390cc

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73