29 C.F.R. § 780.408

Facilities of system at least 90 percent of which was used for agricultural purposes

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Section 13(b)(12) requires for exemption of irrigation work that the ditches, canals, reservoirs, or waterways in connection with which the employee's work is done be “used exclusively for supply and storing of water at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year.” If a water supplier supplies water of which more than 10 percent is used for purposes other than “agricultural purposes” during the preceding calendar year, the exemption would not apply. For example, the exemption would not apply where more than 10 percent of the water supplier's water is delivered to a municipality to be used for general, domestic, and commercial purposes. Water used for watering livestock raised by a farmer is “for agricultural purposes.”

[76 FR 18859, Apr. 5, 2011]

Notes of Decisions

Cited in 2 cases, 1990–1997 · leading case: Sanders v. Elephant Butte Irrigation, 112 F.3d 468 (10th Cir. 1997).

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Sanders v. Elephant Butte Irrigation, 112 F.3d 468 (10th Cir. 1997). · cites it 2× “The regulations construe “used exclusively for supply and storing of water for agricultural purposes” narrowly to allow incidental nonagricultural use only by persons engaged in agriculture.”

Elizabeth Dole v. West Extension Irrigation Dist., 909 F.2d 349 (9th Cir. 1990). “29 C.F.R. § 780.408 . This regulation recognizes that some water delivered to a farm might be used for arguably non-agricultural household purposes.”

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