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. § 413

AVAILABILITY OF WATER ON A TEMPORARY BASIS.

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“(a)General Authority.—The Secretary of the Interior may make available, by contract, consistent with existing contracts or agreements and State law, water or canal capacity at existing Federal reclamation projects to water users and others, on a temporary basis to mitigate losses and damages resulting from drought conditions in 1987, 1988, and 1989.“(b)Contracts.—Any contract signed under this section shall provide that—“(1) the price for the use of such water shall be at least sufficient to recover all Federal operation and maintenance costs, and an appropriate share of capital costs, except that, for water delivered to a landholding in excess of 960 acres of class I lands or the equivalent thereof for a qualified recipient and 320 acres of class I lands or the equivalent thereof for a limited recipient, the cost of such water shall be full cost (as defined in section 202(3)(A) of Public Law 97–293, 43 U.S.C. 390bb) for those acres in excess of 960 acres or 320 acres, as appropriate;“(2) the lands not now subject to reclamation law that receive temporary irrigation water supplies under this section shall not become subject to the ownership limitations of Federal reclamation law because of the delivery of such temporary water supplies;“(3) the lands that are subject to the ownership limitations of Federal reclamation law shall not be exempted from those limitations because of the delivery of such temporary water supplies; and“(4) the contract shall terminate no later than December 31, 1989.“(c)Fish and Wildlife.—The Secretary may make available water for the purposes of protecting fish and wildlife resources, including mitigating losses that occur as a result of drought conditions.
Notes of Decisions
Cited in 2 cases, 1938–1961 · leading case: State of California, United States of Am. v. Everett G. Rank, 293 F.2d 340 (9th Cir. 1961).
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State of California, United States of Am. v. Everett G. Rank, 293 F.2d 340 (9th Cir. 1961). “835 , 43 U.S.C. § 413 . The project contemplates the impounding of the waters of the upper San Joaquin at Friant.”
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. § 413. Finally, it was provided that “Expenditures shall not be made for carrying out the purposes of the reclamation law except out of appropriations made annually by Congress therefor.”
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