§390cc — Title 43 Public Lands | U.S. Code

Summary

These rules apply to any district that signs a contract with the Secretary after October 12, 1982, or that later amends its contract to get extra benefits or to follow these rules. Districts with contracts already in effect on October 12, 1982 that do not amend stay under the earlier federal reclamation law as modified by certain later provisions. If a district does not amend within four and one-half years of October 12, 1982, irrigation water can be delivered to land leased over one hundred and sixty acres only if the full cost (as defined in the law) for the water assignable to those extra leased acres is paid; the interest rate used to calculate that full cost is the one set in the law. If there is no amendment, a qualified recipient or limited recipient may choose to follow these rules by signing an irrevocable election form the Secretary approves. Then the district must deliver the water and collect the additional charges for the United States. Any contract changes not required by these rules cannot be made without the non‑Federal party’s consent.

Title 43, §390cc

Public Lands — Source: USLM XML via OLRC

(a)The provisions of this subchapter shall be applicable to any district which—

(1)enters into a contract with the Secretary subsequent to October 12, 1982;

(2)enters into any amendment of its contract with the Secretary subsequent to October 12, 1982, which enables the district to receive supplemental or additional benefits; or

(3)which amends its contract for the purpose of conforming to the provisions of this subchapter.

(b)Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such contract as specified in subsection (a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by sections 209 through 230 of this title [43 U.S.C. 390ii—390zz–1, 373a, 422e, 425b, 485h]. Within a district that does not enter into an amendment of its contract with the Secretary within four and one-half years of October 12, 1982, irrigation water may be delivered to lands leased in excess of a landholding of one hundred and sixty acres only if full cost, as defined in section 390bb(3)(A) of this title, is paid for such water as is assignable to those lands leased in excess of such landholding of one hundred and sixty acres: Provided, That the interest rate used in computing full cost under this subsection shall be the same as provided in section 390ee(a)(3) of this title.

(c)In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipient or limited recipient may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election.

(d)Amendments to contracts which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party.

Notes & Related Subsidiaries

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References in Text

Federal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title. Sections 209 through 230 of this title, referred to in subsec. (b), are sections 209 through 230 of title II of Pub. L. 97–293, which enacted sections 390ii through 390zz–1 of this title, amended section 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians.

§390cc New or Amended Contracts

Summary

Title 43, §390cc

Notes & Related Subsidiaries

Editorial Notes

References in Text

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