Title 43 — Public LandsRelease 119-73
§423h Delivery of water to excess lands upon death of spouse
Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER V— - ADMINISTRATION OF EXISTING PROJECTS › § 423h
Summary
The Secretary of the Interior can keep supplying water to excess lands when a spouse dies if those lands were already eligible for water under the Federal reclamation laws without a recordable contract under section 423e and the surviving spouse still owns them. If the surviving spouse remarries, this rule ends.
Full Legal Text
Title 43, §423h
Public Lands — Source: USLM XML via OLRC
Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 423e of this title, and those lands had theretofore been eligible to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under section 423e of this title, the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the ownership of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applicable law without regard to the provisions of this section.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see
Short Title
note set out under section 371 of this title and Tables.
Reference
Citations & Metadata
Citation
43 U.S.C. § 423h
Title 43 — Public Lands
Last Updated
Apr 6, 2026
Release point: 119-73