Title 43, Public LandsRelease 119-102

§390e Rights, Acquisition and Availability Of; Obligation for Operation and Maintenance; Costs for Reconstruction, Rehabilitation, or Replacement; Use During Government Operation or by Contract

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER I — GENERAL PROVISIONS › § 390e

Last updated Aug 21, 2026|Official source

Summary

Local interests keep the right to use the project's storage space as long as that space still exists, even beyond any time limit in a lease. If sediment or other changes reduce capacity, space may be fairly reallocated. To keep the right, local interests must meet their lease duties, including paying their share of yearly operation and maintenance and paying for any reconstruction, rehabilitation, or replacement needed for the water supply. They may use the facility while the Government operates it. If the Government can no longer run it economically, an agency may make a contract letting the local interest operate the needed part, as long as the public is protected and the Government is freed from liability.

Full Legal Text

Title 43, §390e

Public Lands, Source: USLM XML via OLRC

The right thus acquired by any such local interest is declared to be available to the local interest so long as the space designated for that purpose may be physically available, taking into account such equitable reallocation of reservoir storage capacities among the purposes served by the project as may be necessary due to sedimentation, and not limited to the term of years which may be prescribed in any lease agreement or other agreement with the Government, but the enjoyment of such right will remain subject to performance of its obligations prescribed in such lease agreement or agreement executed in reference thereto. Such obligations will include continued payment of annual operation and maintenance costs allocated to water supply. In addition, local interests shall bear the costs allocated to the water supply of any necessary reconstruction, rehabilitation, or replacement of project features which may be required to continue satisfactory operation of the project. Any affected local interest may utilize such facility so long as it is operated by the Government. In the event that the Government concludes that it can no longer usefully and economically maintain and operate such facility, the responsible department or agency of the Government is authorized to negotiate a contract with the affected local interest under which the local interest may continue to operate such part of the facility as is necessary for utilization of the storage space allocated to it, under terms which will protect the public interest and provided that the Government is effectively absolved from all liability in connection with such operation.

Reference

Citations & Metadata

Citation

43 U.S.C. § 390e

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102