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Title 43, Public LandsRelease 119-102

§523 Storage and Transportation of Water for Irrigation Districts, Etc.

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER XIII — SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES › § 523

Last updated Aug 21, 2026|Official source

Summary

When federal irrigation projects have extra reservoir or canal capacity beyond what the project lands need, the Secretary of the Interior may contract to use that excess to impound, store, and carry water. The Secretary must keep the project's lands and original settlers first in line and may contract with irrigation systems, districts, companies, associations, or individuals. Water under these contracts is for distribution to individual users and must follow the laws for privately owned lands in reclamation projects. The Secretary must set fair charges that consider reservoir and canal construction and upkeep. Contractors cannot charge more than what they pay the United States, except to cover reasonable delivery costs.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

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

Short Title

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

Short Title

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

Reference

Citations & Metadata

Citation

43 U.S.C. § 523

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102