§ 390. Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation

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.

1. 1944

   Pub. L. 78–665 § 8 · 58 Stat. 887

   Enacted · 43 U.S.C. § 390

   Dec. 22, 1944, ch. 665, § 8, 58 Stat. 891

   Source evidence

   Code source credit
   Dec. 22, 1944, ch. 665, § 8, 58 Stat. 891

   Enacted provision · exact public law section
   Sec. 8. Hereafter, whenever the Secretary of War determines, Additional Irrigation works. upon recommendation by the Secretary of the Interior that any dam and reservoir project, operated under the direction of the Secretary of War may be utilized for irrigation purposes, the Secretary of the Interior is authorized to construct, operate, and maintain, under the provisions of the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary 43 U. S. C. § 485a (a). Ante, p. 279. thereto), such additional works in connection therewith as he may deem necessary for irrigation purposes. Such irrigation works may be undertaken only after a report and findings thereon have been Prerequisites. made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of the Congress by an authorization Act; and, within the limits of the water users’ repayment ability such report may be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other purposes. Dams and reservoirs operated under the direction of the Secretary of War may be utilized hereafter for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now exisiting: Provided, That this section shall not apply to any dam or reservoir heretofore Nonapplicability. constructed in whole or in part by the Army engineers, which provides conservation storage of water for irrigation purposes.

2. 1986

   Pub. L. 99–662 title IX § 931 · 100 Stat. 4082

   Inserted · 43 U.S.C. § 390

   Pub. L. 99–662 inserted at end “In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem reasonable, for the interim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.”

   Source evidence

   Code amendment note
   Pub. L. 99–662 inserted at end “In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem reasonable, for the interim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.”

   Enacted provision · exact public law section
   SEC. 931. INTERIM USE OF WATER SUPPLY FOR IRRIGATION. Contracts. Section 8 of the Act of December 22, 1944 (58 Stat. 891; 43 U.S.C. 390), is amended by adding at the end the following: “In the case of any reservoir project constructed and operated by the Corps of Engineers, the Secretary of the Army is authorized to allocate water which was allocated in the project purpose for municipal and industrial water supply and which is not under contract for delivery, for such periods as he may deem reasonable, for the interim use for irrigation purposes of such storage until such storage is required for municipal and industrial water supply. No contracts for the interim use of such storage shall be entered into which would significantly affect then-existing uses of such storage.”.

2 of 2 references resolved to an enrolled provision