Title 43 — Public Lands
Chapter 40 — Reclamation States Emergency Drought Relief
§ 2211. Assistance during drought; water purchases
Statutory text
Construction, management, and conservation
Consistent with existing contractual arrangements and applicable State and applicable Federal law, and without further authorization, the Secretary is authorized to undertake construction, management, and conservation activities that will minimize, or can be expected to have an effect in minimizing, losses and damages resulting from drought conditions. Any construction activities undertaken pursuant to the authority of this subsection shall be limited to temporary facilities designed to minimize losses and damages from drought conditions, except that wells drilled to minimize losses and damages from drought conditions may be permanent facilities.
Assistance to willing buyers and sellers
In order to minimize losses and damages resulting from drought conditions, the Secretary may provide nonfinancial assistance to willing buyers in their purchase of available water supplies from willing sellers.
Water purchases by Bureau
In order to minimize losses and damages resulting from drought conditions, the Secretary may purchase water from willing sellers, including, but not limited to, water made available by Federal Reclamation project contractors through conservation or other means with respect to which the seller has reduced the consumption of water. Except with respect to water stored, conveyed or delivered to Federal and State wildlife habitat, the Secretary shall deliver such water pursuant to temporary contracts under section 2212 of this title: Provided, That any such contract shall require recovery of any costs, including interest if applicable, incurred by the Secretary in acquiring such water.
Water banks
In order to respond to a drought, the Secretary is authorized to participate in water banks established by a State.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Reclamation States Emergency Drought Relief Act of 1991
Pub. L. 102–250 title I § 101 · 106 Stat. 53
Enacted · 43 U.S.C. § 2211
(Pub. L. 102–250, title I, § 101, Mar. 5, 1992, 106 Stat. 53.)
Source evidence
Code source credit
(Pub. L. 102–250, title I, § 101, Mar. 5, 1992, 106 Stat. 53.)Enacted provision · exact public law section
SEC. 101. ASSISTANCE DURING DROUGHT; WATER PURCHASES. (a) Construction, Management, and Conservation.— Consistent with existing contractual arrangements and applicable State and applicable Federal law, and without further authorization, the Secretary is authorized to undertake construction, management, and conservation activities that will minimize, or can be expected to have an effect in minimizing, losses and damages resulting from drought conditions. Any construction activities undertaken pursuant to the authority of this subsection shall be limited to temporary facilities designed to minimize losses and damages from drought conditions, except that wells drilled to minimize losses and damages from drought conditions may be permanent facilities. (b) Assistance to Willing Buyers and Sellers.— In order to minimize losses and damages resulting from drought conditions, the Secretary may provide nonfinancial assistance to willing buyers in their purchase of available water supplies from willing sellers. (c) Water Purchases by Bureau.— In order to minimize losses and damages resulting from drought conditions, the Secretary may purchase water from willing sellers, including, but not limited to, water made available by Federal Reclamation project contractors through conservation or other means with respect to which the seller has reduced the consumption of water. Except with respect to water stored, conveyed or delivered to Federal and State wildlife habitat, the Secretary shall deliver such water pursuant to temporary contracts under section 102: Provided, That any such con-tract shall require recover of any costs, including interest if applicable, incurred by the Secretary in acquiring such water. (d) Water Banks.— In order to respond to a drought, the Secretary is authorized to participate in water banks established by a State.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Bureau, referred to in heading for subsec. (c), probably means the Bureau of Reclamation.
Statutory Notes and Related Subsidiaries
Termination of Authorities
For provisions directing that authorities established under this subchapter shall terminate ten years after , see section 2214(c) of this title.
Desert Terminal Lakes
Pub. L. 107–206, title I, § 103, , 116 Stat. 823, which provided that not later than 14 days after , the Secretary of Agriculture was to carry out a transfer of funds under section 2507(a) of Pub. L. 107–171, formerly set out below, was transferred and is set out as a note under section 3839bb–6 of Title 16, Conservation.
Pub. L. 107–171, title II, § 2507, , 116 Stat. 275, as amended by Pub. L. 110–234, title II, § 2807, , 122 Stat. 1090; Pub. L. 110–246, § 4(a), title II, § 2807, , 122 Stat. 1664, 1818; Pub. L. 111–85, title II, § 207, , 123 Stat. 2858; Pub. L. 112–74, div. B, title II, § 208(a), , 125 Stat. 866; Pub. L. 113–79, title II, § 2507, , 128 Stat. 753, which related to terminal lakes assistance, was transferred to section 3839bb–6 of Title 16, Conservation.