43 U.S.C. § 2211: Assistance during drought…

Summary

The Secretary can carry out building, management, and conservation work to reduce losses from drought, as long as existing contracts and state and federal laws are followed and no new permission is needed. Any building work must be temporary to help with drought, but wells drilled to prevent drought damage may be permanent. The Secretary may also give nonmoney help to people who want to buy water from willing sellers. The Secretary may buy water from willing sellers, including water that Reclamation project contractors save. Except for water set aside for Federal or State wildlife habitat, bought water must be delivered under temporary contracts under section 2212. Any such contract must require repayment of the Secretary’s costs, including interest if needed. The Secretary may also take part in State water banks to respond to drought.

Title 43, §2211

Public Lands, Source: USLM XML via OLRC

(a)Construction, management, and conservation

Consistent with existing contractual arrangements and applicable State and applicable Federal law, and without further authorization, the Secretary is authorized to undertake construction, management, and conservation activities that will minimize, or can be expected to have an effect in minimizing, losses and damages resulting from drought conditions. Any construction activities undertaken pursuant to the authority of this subsection shall be limited to temporary facilities designed to minimize losses and damages from drought conditions, except that wells drilled to minimize losses and damages from drought conditions may be permanent facilities.

(b)Assistance to willing buyers and sellers

In order to minimize losses and damages resulting from drought conditions, the Secretary may provide nonfinancial assistance to willing buyers in their purchase of available water supplies from willing sellers.

(c)Water purchases by Bureau

In order to minimize losses and damages resulting from drought conditions, the Secretary may purchase water from willing sellers, including, but not limited to, water made available by Federal Reclamation project contractors through conservation or other means with respect to which the seller has reduced the consumption of water. Except with respect to water stored, conveyed or delivered to Federal and State wildlife habitat, the Secretary shall deliver such water pursuant to temporary contracts under section 2212 of this title: Provided, That any such contract shall require recovery of any costs, including interest if applicable, incurred by the Secretary in acquiring such water.

(d)Water banks

In order to respond to a drought, the Secretary is authorized to participate in water banks established by a State.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Bureau, referred to in heading for subsec. (c), probably means the Bureau of Reclamation.

Statutory Notes and Related Subsidiaries

Termination of AuthoritiesFor provisions directing that authorities established under this subchapter shall terminate ten years after Mar. 5, 1992, see section 2214(c) of this title. Desert Terminal Lakes Pub. L. 107–206, title I, § 103, Aug. 2, 2002, 116 Stat. 823, which provided that not later than 14 days after Aug. 2, 2002, the Secretary of Agriculture was to carry out a transfer of funds under section 2507(a) of Pub. L. 107–171, formerly set out below, was transferred and is set out as a note under section 3839bb–6 of Title 16, Conservation. Pub. L. 107–171, title II, § 2507,

May 13, 2002, 116 Stat. 275, as amended by Pub. L. 110–234, title II, § 2807,

May 22, 2008, 122 Stat. 1090; Pub. L. 110–246, § 4(a), title II, § 2807,

June 18, 2008, 122 Stat. 1664, 1818; Pub. L. 111–85, title II, § 207, Oct. 28, 2009, 123 Stat. 2858; Pub. L. 112–74, div. B, title II, § 208(a), Dec. 23, 2011, 125 Stat. 866; Pub. L. 113–79, title II, § 2507, Feb. 7, 2014, 128 Stat. 753, which related to terminal lakes assistance, was transferred to section 3839bb–6 of Title 16, Conservation.

§2211 Assistance During Drought; Water Purchases