43 U.S.C. § 485a

Definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 43 CasesGoogle Scholar

As used in this subchapter—(a) The term “Federal reclamation laws” shall mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto.(b) The term “Secretary” shall mean the Secretary of the Interior.(c) The term “project” shall mean any reclamation or irrigation project, including incidental features thereof, authorized by the Federal reclamation laws, or constructed by the United States pursuant to said laws, or in connection with which there is a repayment contract executed by the United States, pursuant to said laws, or any project constructed or operated and maintained by the Secretary through the Bureau of Reclamation for the reclamation of arid lands or other purposes.(d) The term “construction charges” shall mean the amounts of principal obligations payable to the United States under water-right applications, repayment contracts, orders of the Secretary, or other forms of obligation entered into pursuant to the Federal reclamation laws, excepting amounts payable for water rental or power charges, operation and maintenance and other yearly service charges, and excepting also any other operation and maintenance, interest, or other charges which are not covered into the principal sums of the construction accounts of the Bureau of Reclamation.(e) The term “repayment contract” shall mean any contract providing for payment of construction charges to the United States.(f) The term “project contract unit” shall mean a project or any substantial area of a project which is covered or is proposed to be covered by a repayment contract. On any project where two or more repayment contracts in part cover the same area and in part different areas, the area covered by each such repayment contract shall be a separate project contract unit. On any project where there are either two or more repayment contracts on a single project contract unit or two or more project contract units, the repayment contracts or project contract units may be merged by agreements in form satisfactory to the Secretary.(g) The term “organization” shall mean any conservancy district, irrigation district, water users’ association, or other organization, which is organized under State law and which has capacity to enter into contracts with the United States pursuant to the Federal reclamation laws.(h) The term “division of a project” shall mean any part of a project designated as a division by order of the Secretary or any phase or feature of project operations given a separate designation as a division by order of the Secretary for the purposes of orderly and efficient administration.(i) The term “development unit” shall mean a part of a project which, for purposes of orderly engineering or reclamation development, is designated as a development unit by order of the Secretary.(j) The term “irrigation block” shall mean an area of arid or semiarid lands in a project in which, in the judgment of the Secretary, the irrigable lands should be reclaimed and put under irrigation at substantially the same time, and which is designated as an irrigation block by order of the Secretary.(Aug. 4, 1939, ch. 418, § 2, 53 Stat. 1187; Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543.)Editorial NotesReferences in Text

This subchapter, referred to in text, was in the original “this Act”, meaning act Aug. 4, 1939, ch. 418, 53 Stat. 1187, known as the Reclamation Project Act of 1939, which enacted this subchapter, sections 375a, 380a, and 387 to 389 of this title and section 16d of former Title 41, Public Contracts, and enacted provision set out as a note under section 485j of this title. For complete classification of this Act to the Code, see section 485k of this title and Tables.

Act of June 17, 1902, referred to in subsec. (a), is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.

Amendments

1958—Subsecs. (h) to (k). Pub. L. 85–611 repealed subsec. (h) which defined “annual returns” and “normal returns”, and redesignated subsecs. (i) to (k) as (h) to (j), respectively.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1982–2022 · leading case: Grant Cnty. Black Sands Irrigation Dist. v. United States Bureau of Reclamation, 579 F.3d 1345 (Fed. Cir. 2009).

Sort: Relevance Newest Treatment

Grant Cnty. Black Sands Irrigation Dist. v. United States Bureau of Reclamation, 579 F.3d 1345 (Fed. Cir. 2009). · cites it 3× “ellants present three grounds for compelling the Secretary to grant them those benefits: (1) their contracts are “long-term” water service contracts, within the meaning of section 9(e) of the 1939 Act, and they are entitled to the statutory benefits accorded to holders of such…”

ETSI Pipeline Proj. v. Missouri, 484 U.S. 495 (1988). “” Third, the integral nature of the relation between these two terms is shown by further consideration of the Reclamation Project Act §2©, 43 U. S. C. §485a© (1946 ed.), which defines the term “development unit” as “a part of a project which, for purposes of orderly engineering…”

Westlands Water Dist. v. Patterson, 900 F. Supp. 1304 (E.D. Cal. 1995). “” 43 U.S.C. § 485a(e) (codifying section 2(e) of the 1939 Act).”

Carson-Truckee Water Conservancy Dist. v. Watt, 537 F. Supp. 106 (D. Nev. 1982). “[2] The District was formed in 1958 under Nevada law to act as the agency to purchase the water stored by the Washoe Project, as required under 43 U.S.C. § 485a(g). In 1965, before Stampede was constructed, the District and the United States entered into a contract to repay the…”

N. California Power Agency v. United States (Fed. Cl. 2022). “43 U.S.C. § 485a(c) (defining “project”) and (e) (defining “repayment contract”).”

— 43 U.S.C. § 485a(c) — 1 case

N. California Power Agency v. United States (Fed. Cl. 2022). “43 U.S.C. § 485a(c) (defining “project”) and (e) (defining “repayment contract”).”

— 43 U.S.C. § 485a(e) — 2 cases

Grant Cnty. Black Sands Irrigation Dist. v. United States Bureau of Reclamation, 579 F.3d 1345 (Fed. Cir. 2009). “ellants present three grounds for compelling the Secretary to grant them those benefits: (1) their contracts are “long-term” water service contracts, within the meaning of section 9(e) of the 1939 Act, and they are entitled to the statutory benefits accorded to holders of such…”

Westlands Water Dist. v. Patterson, 900 F. Supp. 1304 (E.D. Cal. 1995). “” 43 U.S.C. § 485a(e) (codifying section 2(e) of the 1939 Act).”

— 43 U.S.C. § 485a(g) — 1 case

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.