Title 43 — Public LandsRelease 119-73

§521 Sale of surplus waters generally

Title 43 › Chapter CHAPTER 12— - RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER XIII— - SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES › § 521

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior can make contracts to sell water from a project irrigation system for non-irrigation uses. The water-users’ association must approve the contract first. The water can be sold only if no other practical supply exists and only if it won’t hurt the project’s irrigation service or earlier water rights. Money from the sales must go into the reclamation fund and be credited to the project that supplied the water.

Full Legal Text

Title 43, §521

Public Lands — Source: USLM XML via OLRC

The Secretary of the Interior in connection with the operations under the reclamation law is authorized to enter into contract to supply water from any project irrigation system for other purposes than irrigation, upon such conditions of delivery, use, and payment as he may deem proper: Provided, That the approval of such contract by the water-users’ association or associations shall have first been obtained: Provided, That no such contract shall be entered into except upon a showing that there is no other practicable source of water supply for the purpose: Provided further, That no water shall be furnished for the uses aforesaid if the delivery of such water shall be detrimental to the water service for such irrigation project, nor to the rights of any prior appropriator: Provided further, That the moneys derived from such contracts shall be covered into the reclamation fund and be placed to the credit of the project from which such water is supplied.

Reference

Citations & Metadata

Citation

43 U.S.C. § 521

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73