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. § 390ee

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(a) Delivery of irrigation water at full costNotwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in section 390cc of this title, shall provide for the delivery of irrigation water at full cost as defined in section 390bb(3) of this title to:(1) a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,11 So in original. The comma probably should be a semicolon.(2) a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before October 1, 1981; and(3) the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, That the interest rate used in computing full cost under this paragraph shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—(A) 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(B) the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasuryduring the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982.(b) Delivery of irrigation water at prior terms and conditions

Any contract with a district entered into by the Secretary as specified in section 390cc of this title, shall provide for the delivery of irrigation water to lands not in excess of the landholdings described in subsection (a) upon terms and conditions related to pricing established by the Secretary pursuant to Federal reclamation law in effect immediately prior to October 12, 1982, or, in the case of an amended contract, upon the terms and conditions established by such contract prior to the date of its amendment. However, the portion of any price established under this subsection which relates to operation and maintenance charges shall be established pursuant to section 390hh of this title.

(c) Delivery of irrigation water to lands under recordable contracts

Notwithstanding any extension of time of any recordable contract as provided in section 390ii(e) of this title, lands under recordable contract shall be eligible to receive irrigation water at less than full cost for a period not to exceed ten years from the date such recordable contract was executed by the Secretary in the case of contracts existing prior to October 12, 1982, or five years from the date such recordable contract was executed by the Secretary in the case of contracts entered into subsequent to October 12, 1982, or the time specified in section 390rr of this title for lands described in that section: Provided, That in no case shall the right to receive water at less than full cost under this subsection terminate sooner than eighteen months after the date on which the Secretary again commences the processing or the approval of the disposition of such lands.

(Pub. L. 97–293, title II, § 205, Oct. 12, 1982, 96 Stat. 1265.)Editorial NotesReferences in Text

Federal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title.

Notes of Decisions
Cited in 6 cases, 1990–2009 · 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). · cites it 3× “§ 390cc (2000), in conference committee, 17 which gave districts with water contracts predating the effective date of the RRA a choice to either voluntarily and irrevocably elect to amend their contracts to comply with the RRA’s “full-cost” provisions for excess lands (and enjoy…”
Nat. Resources Def. Council v. Duvall, 777 F. Supp. 1533 (E.D. Cal. 1991). “; and see 43 U.S.C. § 390ee(a). The RRA is divided into discretionary and mandatory provisions.”
Grant Cnty. Black Sands Irrigation Dist. v. United States Bureau of Reclamation, 579 F.3d 1345 (Fed. Cir. 2009). “43 U.S.C. §§ 390ee, 390ii. The most controversial provision of the RRA was the so-called “hammer clause,” which put landowners with existing water supply contracts to a choice: They either had to amend their contracts to conform to the requirements of the RRA or continue to…”
Orange Cove Irrigation Dist. v. United States, 28 Fed. Cl. 790 (Fed. Cl. 1993). “43 U.S.C. § 390ee, 390kk (1982). To help enforce the acreage limitation and other eligibility requirements, the RRA requires each landowner and lessee to provide a certificate that they are in compliance with the provisions of the RRA.”
Barcellos & Wolfsen, Inc. v. Westlands Water Dist., 899 F.2d 814 (9th Cir. 1990). · cites it 3× “§ 390ee] during the period that they have been given to dispose of their excess lands pursuant to their existing recordable contracts, unless they take action to bring themselves within those provisions in the manner provided in RRA § 203 [43 U.S.C. § 390cc], As I have already…”
Peterson v. United States Dep't of the Interior, 899 F.2d 799 (9th Cir. 1990). · cites it 3× “43 U.S.C. § 390ee(a). Qualified recipients include individual citizens, resident aliens, and “any legal entity established under State or Federal law which benefits twenty-five natural persons or less.”
— 43 U.S.C. § 390ee(a) — 3 cases
United States v. Westlands Water Dist., 134 F. Supp. 2d 1111 (E.D. Cal. 2001). “§ 390cc (2000), in conference committee, 17 which gave districts with water contracts predating the effective date of the RRA a choice to either voluntarily and irrevocably elect to amend their contracts to comply with the RRA’s “full-cost” provisions for excess lands (and enjoy…”
Nat. Resources Def. Council v. Duvall, 777 F. Supp. 1533 (E.D. Cal. 1991). “; and see 43 U.S.C. § 390ee(a). The RRA is divided into discretionary and mandatory provisions.”
Peterson v. United States Dep't of the Interior, 899 F.2d 799 (9th Cir. 1990). “43 U.S.C. § 390ee(a). Qualified recipients include individual citizens, resident aliens, and “any legal entity established under State or Federal law which benefits twenty-five natural persons or less.”
— 43 U.S.C. § 390ee(a)(2) — 1 case
Peterson v. United States Dep't of the Interior, 899 F.2d 799 (9th Cir. 1990). “43 U.S.C. § 390ee(a). Qualified recipients include individual citizens, resident aliens, and “any legal entity established under State or Federal law which benefits twenty-five natural persons or less.”
— 43 U.S.C. § 390ee(c) — 1 case
Barcellos & Wolfsen, Inc. v. Westlands Water Dist., 899 F.2d 814 (9th Cir. 1990). “§ 390ee] during the period that they have been given to dispose of their excess lands pursuant to their existing recordable contracts, unless they take action to bring themselves within those provisions in the manner provided in RRA § 203 [43 U.S.C. § 390cc], As I have already…”
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