U.S. Code » Title 43 » Chapter CHAPTER 12— RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER XI— MAINTENANCE AND OPERATION OF WORKS GENERALLY › Part “part 1— reclamation states drought assistance

43 U.S.C. § 412

ASSISTANCE DURING DROUGHT.

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“The Secretary of the Interior, acting under the authorities of the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388) [see Short Title note under section 371 of this title], and Acts supplementary thereto and amendatory thereof) and other appropriate authorities of the Secretary shall—“(1)(A) perform studies to identify opportunities to augment, make use of, or conserve water supplies available to Federal reclamation projects and Indian water resource developments, which studies shall be completed no later than March 1, 1990; and“(B) consistent with existing contractual arrangements and State law, and without further authorization, undertake construction, management, and conservation activities that will mitigate or can be expected to have an effect in mitigating losses and damages resulting from drought conditions in 1987, 1988, or 1989, which construction shall be completed by December 31, 1989; and“(2) assist willing buyers in their purchase of available water supplies from willing sellers and redistribute such water based upon priorities to be determined by the Secretary consistent with State law, with the objective of minimizing losses and damages resulting from drought conditions in 1987, 1988, and 1989.
Notes of Decisions
Cited in 5 cases, 1938–1964 · leading case: Rank v. Krug, 90 F. Supp. 773 (S.D. Cal. 1950).
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Rank v. Krug, 90 F. Supp. 773 (S.D. Cal. 1950). · cites it 2× “B, 43 U.S.C.A. § 412 ; *786 Act of August 26, 1937, 50 Stat.”
Verde River Irrigation & Power Dist. v. Salt River Valley Water Users' Ass'n, 94 F.2d 936 (9th Cir. 1938). “43 U.S.C.A. § 412 . It was also provided that “No irrigation project shall be begun unless and until the same shall have been recommended by the Secretary of the Interior and approved by the direct order of the President of the United States.”
Smith v. United States, 224 F. Supp. 402 (D. Wyo. 1963). “Plaintiffs claim that they would not have been injured if the Bureau of Reclamation, its agents, servants, employees and expanders had complied with the law.”
United States v. Warmsprings Irr. Dist., 38 F. Supp. 239 (D. Or. 1940). “702 , 43 U.S.C.A. § 412 . See, also, Reclamation Laws, 32 Stat.”
Smith v. United States, 333 F.2d 70 (10th Cir. 1964). “” There was no compliance with 43 U.S.C. § 412 which provides that no new project or new division of a project shall be approved for construction until the Secretary makes a finding “that it is feasible, that it is adaptable for actual settlement and farm homes, and that it will…”
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