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43 U.S.C. § 390eePricing

submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 526 words · no verdicts yet

in plain englishAI-generated · not legal advice

Districts with new or amended contracts must charge full-cost water rates on land above set acreage limits. The limit is 960 acres for qualified recipients. Limited recipients face a 320-acre limit, or their whole holding, depending on when they started getting water. Land under recordable contracts can get discounted water for a set number of years.

(a) Delivery of irrigation water at full cost: Despite any other law, any contract a district signs with the Secretary under section 390cc must charge full cost (as defined in section 390bb(3)) for water delivered to: (1) a qualified recipient's landholding beyond 960 acres of class I land (or equivalent); (2) a limited recipient's landholding beyond 320 acres of class I land (or equivalent), if that recipient was already getting irrigation water on or before October 1, 1981; and (3) a limited recipient's entire landholding, if that recipient was not getting irrigation water by October 1, 1981. The interest rate for this full-cost calculation is set by the Secretary of the Treasury, averaging (A) the rate on the Treasury's 15-year (or longer) marketable public bonds, and (B) the weighted average yield on all interest-bearing marketable Treasury issues sold the prior fiscal year — or, for spending before October 12, 1982, using that date instead. (b) Delivery of irrigation water at prior terms and conditions: For land within the acreage limits in (a), a section 390cc contract must set pricing under the reclamation law terms and conditions in effect right before October 12, 1982 — or, for an amended contract, the terms that existed before the amendment. But the part of the price covering operation and maintenance charges must instead follow section 390hh. (c) Delivery of irrigation water to lands under recordable contracts: Despite any time extension under section 390ii(e), land under a recordable contract can get irrigation water below full cost for up to ten years from when the contract was signed (if signed before October 12, 1982), or five years (if signed after), or for the time set in section 390rr for land covered there. Even so, the right to get below-full-cost water under this subsection cannot end sooner than eighteen months after the Secretary resumes processing or approving the sale of that land.
the actual law source: uscode.house.gov ↗public domain
(a) Delivery of irrigation water at full cost

Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in section 390cc of this title, shall provide for the delivery of irrigation water at full cost as defined in section 390bb(3) of this title to:

(1)

a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,1

(2)

a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before October 1, 1981; and

(3)

the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, That the interest rate used in computing full cost under this paragraph shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—

(A)

the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and

(B)

the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury

during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982.

(b) Delivery of irrigation water at prior terms and conditions

Any contract with a district entered into by the Secretary as specified in section 390cc of this title, shall provide for the delivery of irrigation water to lands not in excess of the landholdings described in subsection (a) upon terms and conditions related to pricing established by the Secretary pursuant to Federal reclamation law in effect immediately prior to October 12, 1982, or, in the case of an amended contract, upon the terms and conditions established by such contract prior to the date of its amendment. However, the portion of any price established under this subsection which relates to operation and maintenance charges shall be established pursuant to section 390hh of this title.

(c) Delivery of irrigation water to lands under recordable contracts

Notwithstanding any extension of time of any recordable contract as provided in section 390ii(e) of this title, lands under recordable contract shall be eligible to receive irrigation water at less than full cost for a period not to exceed ten years from the date such recordable contract was executed by the Secretary in the case of contracts existing prior to October 12, 1982, or five years from the date such recordable contract was executed by the Secretary in the case of contracts entered into subsequent to October 12, 1982, or the time specified in section 390rr of this title for lands described in that section: Provided, That in no case shall the right to receive water at less than full cost under this subsection terminate sooner than eighteen months after the date on which the Secretary again commences the processing or the approval of the disposition of such lands.

Source credit: (Pub. L. 97–293, title II, § 205, Oct. 12, 1982, 96 Stat. 1265.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-293 · 96 Stat. 1265

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-293 on 1982-10-12.

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