Title 43 — Public Lands
Chapter 12. Reclamation and Irrigation of Lands by Federal Government
413 sections
Subchapter I — General Provisions
- 371Definitions
- 372Water right as appurtenant to land and extent of right
- 373General authority of Secretary of the Interior
- 373aCommissioner of Reclamation; appointment
- 373a–1Repealed. Pub. L. 88–426, title III, § 305(35)
- 373bLaw enforcement authority at Bureau of Reclamation facilities
- 373cDefinitions
- 373dGrants and cooperative agreements with Indian tribes and organizations
- 373eBureau of Reclamation site security
- 373fPartnerships, grants, and cooperative agreements with local joint powers authorities
- 374Sale of lands acquired in connection with irrigation project
- 375Sale of land improved at expense of reclamation fund
- 375aSale under sections 374 and 375 of lands appraised at not exceeding $300
- 375bDisposal of tracts too small to be classed farm units
- 375cSales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable
- 375dIssuance of patent for small tracts; reservations
- 375eMoneys from sale of small tracts covered into reclamation fund; credit
- 375fRules and regulations
- 376Return of land donations not needed
- 377General expenses of Bureau of Reclamation chargeable to general reclamation fund
- 377aLimitation on use of funds where organizations or individuals are in arrears on contract charges
- 377bAvailability of appropriations for Bureau of Reclamation
- 378Omitted
- 379Purchase of scientific books, law books, etc.
- 380Repealed. Dec. 16, 1930, ch. 14, § 1
- 380a, 380bOmitted
- 381Repealed. Pub. L. 89–554, § 8(a)
- 382Repealed. Pub. L. 87–304, § 9(a)(3)
- 383Vested rights and State laws unaffected
- 384Extension of time for payment of charges accrued prior to March 2, 1924
- 385Repealed. Pub. L. 89–554, § 8(a)
- 385aPayments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project
- 385bRepealed. Pub. L. 86–533, § 1(18)
- 385cOmitted
- 386Application of excess-land provisions of reclamation laws to certain lands
- 387Removal of sand, gravel, etc.; leases, easements, etc.
- 388Contracts for materials; liability of United States
- 389Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy
- 390Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation
- 390aRepealed. Pub. L. 105–362, title IX, § 901(e)(2)
- 390bDevelopment of water supplies for domestic, municipal, industrial, and other purposes
- 390b–1Improving planning and administration of water supply storage
- 390b–2Leveraging Federal infrastructure for increased water supply
- 390cWater reservoirs; interests of States and local agencies in storage space
- 390dDams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests
- 390eRights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract
- 390fRevision of leases or agreements to evidence conversion of rights to use of storage rights
- 390gGroundwater recharge of aquifers; demonstration program
- 390g–1Phase I of groundwater recharge demonstration program
- 390g–2Phase II of groundwater recharge demonstration program
- 390g–3Evaluation of water quality impacts
- 390g–4Authorization of appropriations to carry out phase I
- 390g–5Authorization of appropriations to carry out phase II
- 390g–6Matching basis for funding phase II from non-Federal sources
- 390g–7New spending authority
- 390g–8Interstate transfer of water from Arkansas
- 390g–9Aquifer recharge flexibility
- 390hProgram to investigate reclamation and reuse of wastewater and groundwater; general authority
- 390h–1Appraisal investigations
- 390h–2Feasibility studies
- 390h–3Research and demonstration projects
- 390h–4Southern California comprehensive water reclamation and reuse study
- 390h–5San Jose area water reclamation and reuse program
- 390h–6Phoenix metropolitan water reclamation study and program
- 390h–7Tucson area water reclamation study
- 390h–8Lake Cheraw water reclamation and reuse study
- 390h–9San Francisco area water reclamation study
- 390h–10San Diego area water reclamation program
- 390h–11Los Angeles area water reclamation and reuse project
- 390h–12San Gabriel basin demonstration project
- 390h–12aNorth San Diego County Area Water Recycling Project
- 390h–12bCalleguas Municipal Water District Recycling Project
- 390h–12cCentral Valley Water Recycling Project
- 390h–12dSt. George Area Water Recycling Project
- 390h–12eWatsonville Area Water Recycling Project
- 390h–12fSouthern Nevada Water Recycling Project
- 390h–12gAlbuquerque Metropolitan Area Water Reclamation and Reuse Project
- 390h–12hEl Paso Water Reclamation and Reuse Project
- 390h–12iReclaimed water in Pasadena
- 390h–12jOrange County Regional Water Reclamation Project
- 390h–12kCity of West Jordan Water Reuse Project
- 390h–12lHi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility
- 390h–12mMission Basin Brackish Groundwater Desalting Demonstration Project
- 390h–12nTreatment of effluent from sanitation districts of Los Angeles County through city of Long Beach
- 390h–12oSan Joaquin Area Water Recycling and Reuse Project
- 390h–12pTooele Wastewater Treatment and Reuse Project
- 390h–13Authorization of appropriations
- 390h–14Groundwater study
- 390h–15Authorization of appropriations
- 390h–16Willow Lake Natural Treatment System Project
- 390h–17Lakehaven, Washington, Water Reclamation and Reuse Project
- 390h–17aTransferred
- 390h–18Irvine basin groundwater and surface water improvement projects
- 390h–19Williamson County, Texas, water recycling and reuse project
- 390h–20Hawaii reclamation projects
- 390h–21Inland Empire regional water recycling project
- 390h–22Omitted
- 390h–23Southern California desert region integrated water and economic sustainability plan
- 390h–24Omitted
- 390h–25Mountain View, Moffett Area reclaimed water pipeline project
- 390h–26Pittsburg recycled water project
- 390h–27Antioch recycled water project
- 390h–28North Coast County Water District recycled water project
- 390h–29Redwood City recycled water project
- 390h–30South Santa Clara County recycled water project
- 390h–31South Bay advanced recycled water treatment facility
- 390h–32Rancho California Water District project, California
- 390h–33Elsinore Valley Municipal Water District projects, California
- 390h–34North Bay Water Reuse Program
- 390h–35 to 390h–37Omitted
- 390h–38Yucaipa Valley regional water supply renewal project
- 390h–39City of Corona Water Utility, California, water recycling and reuse project
Subchapter I–A — Reclamation Reform
- 390aaCongressional declaration of purpose; short title
- 390bbDefinitions
- 390ccNew or amended contracts
- 390ddLimitation on ownership
- 390eePricing
- 390ffCertification of compliance
- 390ggEquivalency
- 390hhOperation and maintenance charges
- 390iiDisposition of excess lands
- 390jjWater conservation
- 390kkResidency not required
- 390llCorps of Engineers projects
- 390mmRepayment of construction charges
- 390nnTrusts
- 390ooTemporary supplies of water
- 390ppInvoluntary foreclosure
- 390qqIsolated tracts
- 390rrCentral Arizona Project
- 390ssReligious or charitable organizations
- 390ttContract required
- 390uuWaiver of sovereign immunity
- 390vvExcess crop restrictions
- 390wwAdministrative provisions
- 390xxValidation of contracts entered into prior to October 1, 1981
- 390yyLeasing requirements
- 390zzReporting
- 390zz–1Severability
Subchapter II — Reclamation Fund Generally
- 391Establishment of “reclamation fund”
- 391aAdvances to reclamation fund
- 391a–1Increase in reclamation fund; reimbursement of advances from Treasury
- 391bOmitted
- 392Payments into reclamation fund of moneys received from entrymen and water right applicants
- 392aPayment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs
- 393Proceeds from sale of materials, etc.
- 394Proceeds from sale of products of or leases of withdrawn or reserved lands
- 395Contributions by State, municipality, etc.
- 396Return of contributions to cooperative investigations of projects
- 397Advances by Government for completion of projects initiated prior to June 25, 1910
- 397aAdvances for operation and maintenance of projects
- 398Sales of Government certificates to obtain funds for advances
- 399Omitted
- 400Advances as item of cost of construction and maintenance of project
- 401Amounts collected from defaulting contractors and their sureties
- 402Omitted
- 403, 404Repealed. June 30, 1947, ch. 166
Subchapter II–A — Reclamation Water Settlements Fund
Subchapter III — Institution and Construction of Projects
- 411Surveys for, location, and construction of irrigation works generally
- 411aRepealed. Feb. 28, 1929, ch. 374, § 2
- 411a–1Authorization of appropriations for investigations of feasibility of reclamation projects
- 411bEmployment of engineers, geologists, appraisers and economists for reclamation consultation work; compensation; retired Army and Navy officers as consulting engineers
- 412Prerequisites to initiation of project or division of project
- 413Approval of project by President
- 414Appropriation for projects essential
- 415Receipts applicable to project generally
- 416Laws applicable to withdrawn lands; restoration to entry
- 417Reservation of easements in public lands for reclamation projects
- 418Private lands within project; agreement as to disposal of excess over farm unit
- 419Contract for irrigation project; notice as to lands irrigable, unit of entry, and construction charges
- 420Use of earth, timber, etc., from other public lands
- 421Acquisition of lands for irrigation project; eminent domain
- 421aConstruction of distribution and drainage systems by irrigation districts or public agencies
- 421bLoans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; “irrigation district or other public agency” defined
- 421cConditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way
- 421dEffect on existing laws
- 421eMunicipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest
- 421fExisting loan contracts; negotiation by Secretary of amendments
- 421gExisting rights unaffected
- 421hProcedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title
- 422Construction of dams across Yellowstone River
Subchapter IV — Construction of Small Projects
- 422aDeclaration of purpose
- 422bDefinitions
- 422cProposals; submission; payment for cost of examination
- 422dContents of proposals
- 422eContract requirements
- 422fProposals for projects previously authorized; waiver of requirements; approval; negotiation of contract
- 422gInformation from Federal agencies; costs
- 422hPlanning and construction; transfer of funds
- 422iRules and regulations
- 422jAppropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement; limitations on expenditures in any single State; waiver
- 422kSupplement to Federal reclamation laws; short title
- 422k–1Loan contracts for deferment of repayment installments; amendment or supplementation
- 422lApplication of this subchapter to Hawaii
Subchapter V — Administration of Existing Projects
- 423Permanently unproductive lands; exclusion from project; disposition of water right
- 423aConstruction charges on permanently unproductive lands already paid; disposition
- 423bSuspension of payment of construction charges against areas temporarily unproductive
- 423cExchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men
- 423dAmendment of existing water right contracts by Secretary of the Interior
- 423eCompletion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land
- 423fPurpose of sections 423 to 423g and 610
- 423gAdjustment of water right charges as final adjudication on projects and divisions named
- 423hDelivery of water to excess lands upon death of spouse
- 424Disposal of lands classified as temporarily or permanently unproductive; persons who may take
- 424aSale of unproductive lands; terms; area purchasable; tracts included
- 424bApplication of certain statutes to lands sold
- 424cIssuance of patents; recitals in patents; reservations
- 424dUse of moneys collected from sales, project construction charges and water rentals respecting unproductive lands
- 424eAuthority of Secretary of the Interior; rules and regulations
- 425Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status
- 425aEligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price
- 425bReceipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations
Subchapter VI — Water Right Applications and Land Entries
- 431Limitation as to amount of water; qualifications of applicant
- 432Entry under homestead laws generally
- 433Character and capital qualification of entrymen
- 433aPreference of needy families
- 434Amount of land for which entry may be made; farm unit; subdivision of lands
- 435Entries in excess of farm unit
- 436Time when entry may be made generally
- 437Lands as to which entries made prior to June 25, 1910
- 438Repealed. Aug. 13, 1953, ch. 428, § 10
- 439Cultivation requirement as to entrymen
- 440Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements
- 441Assignment of entries generally
- 442Assignment between June 23, 1910
- 443Limitation of amount of land holdable under assignment of entry
- 444, 445Omitted
- 446Right to make entry on relinquishment of former entry under land laws
- 447Relinquishment of homestead entry and making new entry
- 448Desert-land entries within reclamation project generally
- 449Assignment of desert-land entry within project
Subchapter VII — Exchange and Amendment of Farm Units
- 451Conditions necessary for exchange; terms; credits; rights nonassignable
- 451aPersons eligible for benefits
- 451bIrrigation construction charges
- 451cCancellation of charges or liens; credits
- 451dDisposal of improvements; water rights; revertibility of relinquished land
- 451eAmendment of farm unit; application; amount of land; exchange; waiver
- 451fExchanges subject to mortgage contracts
- 451gPreferences; veterans; timely applicants
- 451hEstablishment of farm units; size; contiguous or noncontiguous
- 451i“Federal irrigation project” defined
- 451jRules and regulations
- 451kAvailability of appropriations; expenses as nonreimbursable
Subchapter VIII — Taxation
Subchapter IX — Construction Charges
- 461Determination of construction charges generally
- 462Classification of irrigable lands and equitable apportionment of charges
- 463Repealed. May 25, 1926, ch. 383, § 47
- 464Increases of charges on failure to make water-right application
- 465Charges for water service prior to notice of construction charge
- 466Surveys to correct errors or inequalities in original basis of project
- 467Repealed. May 25, 1926, ch. 383, § 47
- 468Withdrawal of notice given and modification of applications and contracts made prior to February 13, 1911
- 469Increase in construction charges
- 470When work increasing construction charge may be undertaken
- 471Initial payment and annual installments of charges generally
- 472Installments on entries or applications made after August 13, 1914
- 473, 474Repealed. May 25, 1926, ch. 383, § 47
- 475Annual installments on entries and contracts prior to August 13, 1914
- 476Repealed. Dec. 16, 1930, ch. 14, § 1
- 477Association or irrigation district as fiscal agent of Government
- 478Pecuniary penalty for nonpayment of installments of construction charges
- 479Shutting off water for nonpayment of construction charge
- 480Cancellation of water right or entry for nonpayment of construction charge
- 481Action to recover construction charges and penalties
- 482Omitted
Subchapter X — Payment of Construction Charges
- 485Declaration of policy
- 485aDefinitions
- 485bAmendment of existing repayment contracts
- 485b–1Deferment of installments under repayment contracts; determination of undue burden; conditions; supplemental contract; report to Congress
- 485cRepealed. Pub. L. 85–611, § 3
- 485dTime of payments to the United States
- 485eMaintenance and operation of project works; delinquency penalties
- 485fNegotiation of equitable contracts by Secretary
- 485gClassification of lands
- 485hNew projects; sale of water and electric power; lease of power privileges
- 485h–1Administration of repayment contracts and long-term contracts to furnish water; renewal and conversion; credit for payments; right to available water supply; rates; construction component
- 485h–2Amendments to existing contracts
- 485h–3“Long-term contract” defined
- 485h–4Application of State laws
- 485h–5Supplement to Federal reclamation laws
- 485h–6Repayment contracts; amendment for provision, addition or modification of irrigation blocks
- 485h–7Amendment of repayment contract for payment of annual installments in two parts
- 485iRules and regulations
- 485jEffect on existing laws
- 485kShort title
Subchapter XI — Maintenance and Operation of Works Generally
- 491Authority of Secretary to operate works
- 492Operation and maintenance charges generally
- 493Operation charges; date of payment; discount; advance payment
- 493aOmitted
- 494Pecuniary penalty for nonpayment of operation charge
- 495Shutting off water for nonpayment of operation charge
- 496Cancellation of entry or water right for nonpayment of operation charge
- 497Action to recover operation charge and penalty
- 498Transfer of management and operation of works to water users generally
- 499Discretionary power to transfer management
- 499aTransfer of title to movable property; use of appropriations
- 499bTransfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use
- 500Duty of association or district to take over management
- 501Disposition of profits of project taken over by water users
- 502Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law
- 503“Unusual or emergency conditions” defined
- 504Rehabilitation and betterment of Federal reclamation projects, including small reclamation projects; return of costs; interest; definitions; performance of work
- 505Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress
- 505aDefinitions
- 505a–1Asset Management Report enhancements for reserved works
- 505a–2Asset Management Report enhancements for transferred works
Subchapter XI–A — Reclamation Safety of Dams
Subchapter XI–B — Aging Infrastructure
Subchapter XII — Contracts with State Irrigation Districts for Payment of Charges
Subchapter XIII — Sale or Lease of Surplus Waters, Water Power, Storage Capacity, and Water Transportation Facilities
- 521Sale of surplus waters generally
- 522Lease of water power
- 523Storage and transportation of water for irrigation districts, etc.
- 524Cooperation with irrigation districts, etc., in construction of reservoirs and canals
- 525Covering proceeds into reclamation fund
- 526Credit of proceeds to particular project
Subchapter XIV — Patents and Final Water-Right Certificates
- 541When patent or final certificate issued
- 542Reservation of lien for charges; enforcement of lien; redemption
- 543Certificate of final payment and release of lien
- 544Limitation as to holdings prior to final payment of charges; forfeiture of excess holding
- 545Appointment of agents to receive payments; record of payments and amounts owing
- 546Jurisdiction of district court for enforcement of this subchapter
- 547Patent to desert-land entryman
Subchapter XV — Town Sites, Parks, Playgrounds, and School Sites
- 561Survey and subdivision of land for town sites; reservation for public purposes
- 562Appraisal and sale of town lots
- 563Disposal of town sites set apart prior to June 27, 1906
- 564Reappraisal of town lots for sale
- 565Terms of sale of town lots; installments of price
- 566Maintenance of public reservations and conveyance to municipality
- 567Water rights for towns and cities; charges
- 568Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites
- 569Reservation of land for park, playground, or community center
- 569aExtension of section 569 to tract of land in Idaho
- 570Conveyance of land to school district
- 571Sale of unplatted portions of Government town sites; authorization
- 572Disposition of net proceeds; fixing project construction charges
- 573Expenses of appraisement and sale; rules and regulations
Subchapter XVI — Refunds to War Veterans
Subchapter XVII — Legislation Applicable to Particular Projects Generally
- 591Omitted
- 591aBoise project, Idaho; Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.
- 592Omitted
- 593Flathead irrigation project, Montana
- 593aConstruction, operation, and maintenance of Hungry Horse Dam
- 593bConstruction of additional works for irrigation purposes
- 594Omitted
- 595King Hill project, Idaho
- 596Omitted
- 597Riverton project, Wyoming
- 597aEasements for Bull Lake Dam and Reservoir
- 597bCompensation for easements
- 597cReservation of Indians’ right to use lands
- 597dRegulations
- 598Salt River project, Arizona; sale of water power
- 599Omitted
- 600Minidoka project, Idaho; sales of water from American Falls Reservoir
- 600aArch Hurley Conservancy District project, New Mexico
- 600bCanadian River project, Texas
- 600cNonreimbursable costs
- 600dSanford Reservoir recreation facilities; allocation of water, reservoir capacity, or joint project costs of Canadian River project; municipal water use priorities; agreements for operation, maintenance, or additional development of project lands or facilities; disposal of project lands or facilities; nonreimbursable costs; cognizance of effect of fish and wildlife plan
- 600eAuthorization of appropriations for public recreation facilities