43 U.S.C. § 390hh

Operation and maintenance charges

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(a) Price adequate to recover charges

The price of irrigation water delivered by the Secretary pursuant to a contract or an amendment to a contract with a district, as specified in section 390cc of this title, shall be at least sufficient to recover all operation and maintenance charges which the district is obligated to pay to the United States.

(b) Modification of price

Whenever a district enters into a contract or requests that its contract be amended as specified in section 390cc of this title, and each year thereafter, the Secretary shall calculate such operation and maintenance charges and shall modify the price of irrigation water delivered under the contract as necessary to reflect any changes in such costs by amending the district’s contract accordingly.

This section shall not apply to districts which operate and maintain project facilities and finance the operation and maintenance thereof from non-Federal funds.

(Pub. L. 97–293, title II, § 208, Oct. 12, 1982, 96 Stat. 1267.)

Notes of Decisions

Cited in 1 case, 1990–1990 · leading case: Peterson v. United States Dep't of the Interior, 899 F.2d 799 (9th Cir. 1990).

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Peterson v. United States Dep't of the Interior, 899 F.2d 799 (9th Cir. 1990). “See 43 U.S.C. § 390hh. The provision of the RRA in dispute in this litigation is section 203(b), also known as the “hammer clause.”

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.