§523 — Title 43 Public Lands | U.S. Code

Summary

When a federal reclamation project has extra water storage or transport space beyond what its irrigated lands need, the Secretary of the Interior can rent that extra space to other irrigation systems, districts, companies, associations, or individuals. He must keep priority for the project’s lands and original settlers. The rented space cannot be more than the extra capacity available. Water held or moved under those contracts is for the contracting party to deliver to individual water users. Water for private lands inside reclamation projects must only be used as the law allows. When setting the price for storage or transport, the Secretary must consider how much the reservoir and canal cost to build and maintain. Fees must be fair to the project’s water users. A contractor cannot charge customers more than it pays the United States, except to reasonably cover its own costs to carry and deliver the water.

Title 43, §523

Public Lands — Source: USLM XML via OLRC

Whenever in carrying out the provisions of the reclamation law, storage or carrying capacity has been or may be provided in excess of the requirements of the lands to be irrigated under any project, the Secretary of the Interior, preserving a first right to lands and entrymen under the project, is authorized, upon such terms as he may determine to be just and equitable, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation systems operating under section 641 of this title, and individuals, corporations, associations, and irrigation districts organized for or engaged in furnishing or in distributing water for irrigation. Water so impounded, stored, or carried under any such contract shall be for the purpose of distribution to individual water users by the party with whom the contract is made: Provided, however, That water so impounded, stored, or carried shall not be used otherwise than as prescribed by law as to lands held in private ownership within Government reclamation projects. In fixing the charges under any such contract for impounding, storing, or carrying water for any irrigation system, corporation, association, district, or individual, as herein provided, the Secretary shall take into consideration the cost of construction and maintenance of the reservoir by which such water is to be impounded or stored and the canal by which it is to be carried, and such charges shall be just and equitable as to water users under the Government project. No irrigation system, district, association, corporation, or individual so contracting shall make any charge for the storage, carriage, or delivery of such water in excess of the charge paid to the United States except to such extent as may be reasonably necessary to cover cost of carriage and delivery of such water through their works.

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Editorial Notes

References in Text

The reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

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note set out under section 371 of this title and Tables.

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The act of Feb. 21, 1911, which enacted sections 523 to 525 of this title, is popularly known as the “Warren Act”.

§523 Storage and transportation of water for irrigation districts, etc.

Summary

Title 43, §523

Notes & Related Subsidiaries

Editorial Notes

References in Text

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