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43 U.S.C. § 2211Assistance during drought; water purchases

submitted 34 years ago by Pub. L. 102-250 to r/title-43-PUBLIC-LANDS · 264 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can provide assistance to water users during drought and can purchase water under the stated conditions. The section sets application, priority, and payment rules.

(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 under the authority of this subsection is 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 can be permanent facilities. (b) Assistance to willing buyers and sellers In order to minimize losses and damages resulting from drought conditions, the Secretary can 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 can purchase water from willing sellers, including, but not limited to, water made available by Federal Reclamation project contractors through conservation or other means for which the seller has reduced the consumption of water. Except for water stored, conveyed or delivered to Federal and State wildlife habitat, the Secretary must deliver such water under temporary contracts under section 2212 of this title : Provided , That any such contract must require recovery 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.
the actual law source: uscode.house.gov ↗public domain
(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 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.

(d) Water banks

In order to respond to a drought, the Secretary is authorized to participate in water banks established by a State.

Source credit: (Pub. L. 102–250, title I, § 101, Mar. 5, 1992, 106 Stat. 53.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-250 · 106 Stat. 53

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-250 on 1992-03-05.

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