Title 43Public LandsRelease 119-73

§390ee Pricing

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

Last updated Apr 6, 2026|Official source

Summary

Require contracts with a district to deliver irrigation water at full cost (as defined in section 390bb(3)) to certain large landholdings: over 960 acres of class I lands for a qualified recipient; over 320 acres of class I lands for a limited recipient who was getting water on or before October 1, 1981; and the entire landholding of a limited recipient not receiving water on or before October 1, 1981. The Secretary of the Treasury must set the interest rate used to compute full cost by averaging (a) the Treasury’s computed average interest rate on its marketable public obligations that are neither due nor callable for 15 years from issuance, and (b) the weighted average of market yields on all interest‑bearing, marketable issues sold by the Treasury. For lands smaller than those thresholds, contracts must follow the pricing rules that applied under Federal reclamation law immediately before October 12, 1982, or the pre‑amendment terms of an amended contract. The part of the price for operation and maintenance must follow section 390hh. Lands under a recordable contract may get water at less than full cost for up to 10 years for contracts executed before October 12, 1982, or 5 years for those executed after that date (or the time in section 390rr), but not ending sooner than 18 months after the Secretary resumes processing or approving the land disposition.

Full Legal Text

Title 43, §390ee

Public Lands — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in section 390cc of this title, shall provide for the delivery of irrigation water at full cost as defined in section 390bb(3) of this title to:
(1)a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,11 So in original. The comma probably should be a semicolon.
(2)a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before October 1, 1981; and
(3)the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, That the interest rate used in computing full cost under this paragraph shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—
(A)the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and
(B)the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury
(b)Any contract with a district entered into by the Secretary as specified in section 390cc of this title, shall provide for the delivery of irrigation water to lands not in excess of the landholdings described in subsection (a) upon terms and conditions related to pricing established by the Secretary pursuant to Federal reclamation law in effect immediately prior to October 12, 1982, or, in the case of an amended contract, upon the terms and conditions established by such contract prior to the date of its amendment. However, the portion of any price established under this subsection which relates to operation and maintenance charges shall be established pursuant to section 390hh of this title.
(c)Notwithstanding any extension of time of any recordable contract as provided in section 390ii(e) of this title, lands under recordable contract shall be eligible to receive irrigation water at less than full cost for a period not to exceed ten years from the date such recordable contract was executed by the Secretary in the case of contracts existing prior to October 12, 1982, or five years from the date such recordable contract was executed by the Secretary in the case of contracts entered into subsequent to October 12, 1982, or the time specified in section 390rr of this title for lands described in that section: Provided, That in no case shall the right to receive water at less than full cost under this subsection terminate sooner than eighteen months after the date on which the Secretary again commences the processing or the approval of the disposition of such lands.

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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 390ee

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73