Title 43 — Public LandsRelease 119-73

§390e Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 390e

Last updated Apr 6, 2026|Official source

Summary

Local interests keep the right to use the water storage space assigned to them as long as that space still exists and is usable, taking into account loss of capacity from sediment. That right is not limited by the length of any lease, but it depends on doing what the lease requires, including paying their share of yearly operation and maintenance costs and any reconstruction, rehabilitation, or replacement costs for the water supply. Local interests may use the facility while the Government runs it. If the Government decides it can no longer run the facility usefully and cheaply, the agency may agree to let the local interest operate the part needed for its storage. Any such agreement must protect the public and relieve the Government of liability for that local operation.

Full Legal Text

Title 43, §390e

Public Lands — Source: USLM XML via OLRC

The right thus acquired by any such local interest is declared to be available to the local interest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obligations will include continued payment of annual operation and maintenance costs allocated to water supply. In addition, local interests shall bear the costs allocated to the water supply of any necessary reconstruction, rehabilitation, or replacement of project features which may be required to continue satisfactory operation of the project. Any affected local interest may utilize such facility so long as it is operated by the Government. In the event that the Government concludes that it can no longer usefully and economically maintain and operate such facility, the responsible department or agency of the Government is authorized to negotiate a contract with the affected local interest under which the local interest may continue to operate such part of the facility as is necessary for utilization of the storage space allocated to it, under terms which will protect the public interest and provided that the Government is effectively absolved from all liability in connection with such operation.

Reference

Citations & Metadata

Citation

43 U.S.C. § 390e

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73