U.S. Code » Title 43 » Chapter CHAPTER 12— RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER I–A— RECLAMATION REFORM

43 U.S.C. § 390bb

Definitions

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As used in this subchapter:(1) The term “contract” means any repayment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, maintenance, and replacement costs pursuant to Federal reclamation law.(2) The term “district” means any individual or any legal entity established under State law which has entered into a contract or is eligible to contract with the Secretary for irrigation water.(3)(A) The term “full cost” means an annual rate as determined by the Secretary that shall amortize the expenditures for construction properly allocable to irrigation facilities in service, including all operation and maintenance deficits funded, less payments, over such periods as may be required under Federal reclamation law or applicable contract provisions, with interest on both accruing from October 12, 1982, on costs outstanding at that date, or from the date incurred in the case of costs arising subsequent to October 12, 1982: Provided, That operation, maintenance, and replacement charges required under Federal reclamation law, including this subchapter, shall be collected in addition to the full cost charge.(B) The interest rate used for expenditures made on or before October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing, marketable issues sold by the Treasury during the fiscal year in which the expenditures by the United States were made, but shall not be less than 7½ per centum per annum.(C) The interest rate used for expenditures made after October 12, 1982, shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—(i) the rate as of the beginning of the fiscal year in which expenditures are made on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and(ii) the weighted average yield on all interest-bearing, marketable issues sold by the Treasury during the fiscal year preceding the fiscal year in which the expenditures are made.(4) The term “individual” means any natural person, including his or her spouse, and including other dependents thereof within the meaning of the Internal Revenue Code of 1986 (26 U.S.C. 152).(5) The term “irrigation water” means water made available for agricultural purposes from the operation of reclamation project facilities pursuant to a contract with the Secretary.(6) The term “landholding” means total irrigable acreage of one or more tracts of land situated in one or more districts owned or operated under a lease which is served with irrigation water pursuant to a contract with the Secretary. In determining the extent of a landholding the Secretary shall add to any landholding held directly by a qualified or limited recipient that portion of any landholding held indirectly by such qualified or limited recipient which benefits that qualified or limited recipient in proportion to that landholding.(7) The term “limited recipient” means any legal entity established under State or Federal law benefiting more than twenty-five natural persons.(8) The term “project” means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law, or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau of Reclamation for the reclamation of lands.(9) The term “qualified recipient” means an individual who is a citizen of the United States or a resident alien thereof or any legal entity established under State or Federal law which benefits twenty-five natural persons or less.(10) The term “recordable contract” means a contract between the Secretary and a landowner in writing capable of being recorded under State law providing for the sale or disposition of lands held in excess of the ownership limitations of Federal reclamation law including this subchapter.(11) The term “Secretary” means the Secretary of the Interior.(Pub. L. 97–293, title II, § 202, Oct. 12, 1982, 96 Stat. 1263; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)Editorial NotesReferences in Text

Federal reclamation law, referred to in pars. (1), (3)(A), (8), and (10), is defined in section 390aa of this title.

Amendments

1986—Par. (4). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1990–2022 · leading case: United States v. Westlands Water District
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United States v. Westlands Water District (2001) caed · cites it 2× “2d at 819, a rate over five times the contractual rate, which includes operation, maintenance, and replacement charges, see 43 U.S.C. § 390bb(3)(A) (2000). Aside from the “full cost” requirement, section 205(c) also limited the water-users to a total of ten years of subsidized…”
City of Tacoma, Washington v. Bill Richardson, Secretary, U.S. Department of Energy (1998) cafc · cites it 4× “43 U.S.C. § 390bb(1) (1994). Whether this suit can go forward in the United States District Court depends upon whether the broad waiver in section 390uu is, or is not, limited by the express definition of contract written in section 390bb(l).”
Westlands Water District v. Patterson (1995) caed · cites it 3× “43 U.S.C. § 390bb(l). Closer scrutiny reveals this definition is applicable only to the term “contract” as used in the Reclamation Reform Act of 1982, which amended the procedures and requirements for new and amended water service contracts and repayment contracts.”
Westlands Water District v. Patterson (1994) caed · cites it 2× “43 U.S.C. § 390bb(l). Under Reclamation law, the Secretary is authorized to “include a reasonable construction component in the rates set out in any long-term contract____” 43 U.”
Neubert v. Yakima-Tieton Irrigation District (1991) wash “43 U.S.C. § 390bb(5). Similarly, most cases discussing a beneficial use for irrigation imply a construction much broader than merely nourishing plant roots.”
State Ex Rel. Martinez v. McDermett (1995) nmctapp “43 U.S.C.A. § 390bb(5) (1986) (in Reclamation Act of 1982, irrigation water defined as “water made available for agricultural purposes.”
Grant County Black Sands Irrigation District v. United States Bureau of Reclamation (2009) cafc “” 43 U.S.C. § 390bb(l). Also under the RRA, the ownership and “full cost” limitations cease when “the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been…”
Peterson v. United States Department of the Interior (1990) ca9 · cites it 4× “” 43 U.S.C. § 390bb(3)(A). . The fifth amendment provides: "No person shall .”
Northern Colorado Water Conservancy District v. United States (2009) uscfc · cites it 2× “” 43 U.S.C. § 390bb (definition of “contract”).”
City of Fresno v. United States (2022) uscfc “at 1545 (“The Exchange Contract does not contemplate the same type of supply and repayment that other water districts have, as described in 43 U.S.C. § 390bb(1).”). Moreover, as explained in Section II, supra, in agreeing to this exchange, the Exchange Contractors never…”
— 43 U.S.C. § 390bb(1) — 2 cases
City of Tacoma, Washington v. Bill Richardson, Secretary, U.S. Department of Energy (1998) cafc “43 U.S.C. § 390bb(1) (1994). Whether this suit can go forward in the United States District Court depends upon whether the broad waiver in section 390uu is, or is not, limited by the express definition of contract written in section 390bb(l).”
City of Fresno v. United States (2022) uscfc “at 1545 (“The Exchange Contract does not contemplate the same type of supply and repayment that other water districts have, as described in 43 U.S.C. § 390bb(1).”). Moreover, as explained in Section II, supra, in agreeing to this exchange, the Exchange Contractors never…”
— 43 U.S.C. § 390bb(3)(A) — 2 cases
United States v. Westlands Water District (2001) caed “2d at 819, a rate over five times the contractual rate, which includes operation, maintenance, and replacement charges, see 43 U.S.C. § 390bb(3)(A) (2000). Aside from the “full cost” requirement, section 205(c) also limited the water-users to a total of ten years of subsidized…”
Peterson v. United States Department of the Interior (1990) ca9 “” 43 U.S.C. § 390bb(3)(A). . The fifth amendment provides: "No person shall .”
— 43 U.S.C. § 390bb(5) — 2 cases
Neubert v. Yakima-Tieton Irrigation District (1991) wash “43 U.S.C. § 390bb(5). Similarly, most cases discussing a beneficial use for irrigation imply a construction much broader than merely nourishing plant roots.”
State Ex Rel. Martinez v. McDermett (1995) nmctapp “43 U.S.C.A. § 390bb(5) (1986) (in Reclamation Act of 1982, irrigation water defined as “water made available for agricultural purposes.”
— 43 U.S.C. § 390bb(6) — 1 case
Peterson v. United States Department of the Interior (1990) ca9 “” 43 U.S.C. § 390bb(3)(A). . The fifth amendment provides: "No person shall .”
— 43 U.S.C. § 390bb(7) — 1 case
Peterson v. United States Department of the Interior (1990) ca9 “” 43 U.S.C. § 390bb(3)(A). . The fifth amendment provides: "No person shall .”
— 43 U.S.C. § 390bb(9) — 1 case
Peterson v. United States Department of the Interior (1990) ca9 “” 43 U.S.C. § 390bb(3)(A). . The fifth amendment provides: "No person shall .”
— 43 U.S.C. § 390bb(l) — 4 cases
City of Tacoma, Washington v. Bill Richardson, Secretary, U.S. Department of Energy (1998) cafc “43 U.S.C. § 390bb(1) (1994). Whether this suit can go forward in the United States District Court depends upon whether the broad waiver in section 390uu is, or is not, limited by the express definition of contract written in section 390bb(l).”
Westlands Water District v. Patterson (1995) caed “43 U.S.C. § 390bb(l). Closer scrutiny reveals this definition is applicable only to the term “contract” as used in the Reclamation Reform Act of 1982, which amended the procedures and requirements for new and amended water service contracts and repayment contracts.”
Westlands Water District v. Patterson (1994) caed “43 U.S.C. § 390bb(l). Under Reclamation law, the Secretary is authorized to “include a reasonable construction component in the rates set out in any long-term contract____” 43 U.”
Grant County Black Sands Irrigation District v. United States Bureau of Reclamation (2009) cafc “” 43 U.S.C. § 390bb(l). Also under the RRA, the ownership and “full cost” limitations cease when “the obligation of a district for the repayment of the construction costs of the project facilities used to make project water available for delivery to such lands shall have been…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.