25 U.S.C. § 389a

Declaring lands to be temporarily nonirrigable

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Where the Secretary finds that any such lands cannot be cultivated profitably due to a present lack of water supply, proper drainage facilities, or need of additional construction work, he shall declare such lands temporarily nonirrigable for periods not to exceed five years and no charges shall be assessed against such lands during such periods.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Ute Indian Tribe of the Uintah & Ouray Indian Reservation v. United States (Fed. Cl. 2025).
Ute Indian Tribe of the Uintah & Ouray Indian Reservation v. United States (Fed. Cl. 2025). “” 25 U.S.C. § 389a. Likewise, “[w]here the Secretary finds that any such lands are permanently nonirrigable,” and thus permanently non-assessable, the Secretary may eliminate lands from an irrigation project “with the consent of the landowner.”
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