U.S. Code
»
Title 43
» Chapter CHAPTER 12— RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER XIII— SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES
Whenever a development of power is necessary for the irrigation of lands, under any project undertaken under the said reclamation Act, or an opportunity is afforded for the development of power under any such project, the Secretary of the Interior is authorized to lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the moneys derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived: Provided, That no lease shall be made of such surplus power or power privileges as will impair the efficiency of the irrigation project: Provided further, That the Secretary of the Interior is authorized, in his discretion, to make such a lease in connection with Rio Grande project in Texas and New Mexico for a longer period not exceeding fifty years, with the approval of the water-users’ association or associations under any such project, organized in conformity with the rules and regulations prescribed by the Secretary of the Interior in pursuance of section 498 of this title.
Notes of Decisions
Cited in
10
cases, 1940–2005 · leading case:
Ball v. James, 451 U.S. 355 (1981).
Ball v. James, 451 U.S. 355 (1981).
· cites it 2× “In 1906, Congress authorized projects created under the Act to generate and sell hydroelectric power, 43 U. S. C. § 522 , and the Salt River Project has supported its water operations by this means almost since its creation.”
Uhlmann v. Wren, 401 P.2d 113 (Ariz. 1965).
· cites it 4× “Prior to the authorization of the present District, the Salt River Valley Water Users' Association was incorporated on February 9, 1903, under the general corporation laws of the Territory of Arizona, for the purpose of furnishing "water for irrigation, power for domestic and…”
Salt River Proj. Agric. Improvement v. City of Phoenix, 631 P.2d 553 (Ariz. Ct. App. 1981).
“117 ( 43 U.S.C.A. § 522 et seq.). 2 Both the Salt River Project and the Roosevelt District are political subdivisions of the state and immune from taxation by virtue of Article XIII, § 7, Arizona Constitution.”
James v. Ball, 613 F.2d 180 (9th Cir. 1979).
“117: 43 U.S.C. § 522 , when it was necessary to or would help in development of the project.”
Minidoka Irrigation Dist. v. Dep't of Interior, 406 F.3d 567 (9th Cir. 2005).
· cites it 2× “43 U.S.C. § 522 . 3 Any profits derived from such sales or leases would be credited to the project from which the surplus power or power privilege was derived.”
Hudspeth Cnty. Conservation & Reclamation Dist. No. 1 v. Robbins, 213 F.2d 425 (5th Cir. 1954).
“930 , 43 U.S.C.A. § 522 , provides for the development and lease of surplus power or power privileges with the proviso “that no lease shall be made of such surplus power or power privileges as will impair the efficiency of the irrigation project”.”
Salt Lake City v. W. Area Power Admin., 926 F.2d 974 (10th Cir. 1991).
“As support for this proposition, UP & L points to its application for power on its own behalf, arguing that its proposal to distribute federal power at cost to its customers is consonant with the preference for “municipal purposes” contained in § 5 of the Townsites and Power Act…”
Minidoka Irrigation v. Dep't of the Interior (9th Cir. 2005).
“3 43 U.S.C. § 522 provides in pertinent part that: Whenever a development of power is necessary for the irrigation of lands, under any project undertaken under the said reclamation 7820 MINIDOKA IRRIGATION DIST.”
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.