43 U.S.C. § 390dd

Limitation on ownership

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Except as provided in section 390ii of this title, irrigation water may not be delivered to—(1) a qualified recipient for use in the irrigation of lands owned by such qualified recipient in excess of nine hundred and sixty acres of class I lands or the equivalent thereof; or(2) a limited recipient for the use in the irrigation of lands owned by such limited recipient in excess of six hundred and forty acres of class I lands or the equivalent thereof;whether situated in one or more districts.(Pub. L. 97–293, title II, § 204, Oct. 12, 1982, 96 Stat. 1265.)

Notes of Decisions

Cited in 2 cases, 1990–2001 · leading case: United States v. Westlands Water Dist., 134 F. Supp. 2d 1111 (E.D. Cal. 2001).

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United States v. Westlands Water Dist., 134 F. Supp. 2d 1111 (E.D. Cal. 2001). “Section 204 of the RRA also increased the allowable amount of “non-excess” lands from 160 to 960 acres, see 43 U.S.C. § 390dd (1986), and applied this acreage limitation to all irrigated lands, whether owned or leased, see id.”

Peterson v. United States Dep't of the Interior, 899 F.2d 799 (9th Cir. 1990). “1989) (“the RRA”) amended federal reclamation law in three important ways: (1) it increased the acreage limitation from 160 to 960 acres; 3 (2) it closed the “leasing loophole” by making the acreage limitation expressly applicable to holdings that were leased as well as owned;…”

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