43 U.S.C. § 390cc — New or amended contracts
submitted 44 years ago by Pub. L. 97-293 to r/title-43-PUBLIC-LANDS · 381 words · no verdicts yet
This subchapter applies when a district signs a new contract, or amends one, after October 1982. A district that never amends its contract still must charge full-cost water rates on land leased over 160 acres. Individual landowners can also opt in to this subchapter even without a district amendment.
(a) Generally: This subchapter applies to any district* that (1) signs a contract* with the Secretary* after October 12, 1982; (2) amends its existing contract after that date in a way that lets it get extra or supplemental benefits; or (3) amends its contract specifically to follow this subchapter.
(b) Amendment of existing contracts: A district that already had a contract with the Secretary as of October 12, 1982, and that does not amend it as described in (a), stays governed by the federal reclamation law that was in effect right before October 12, 1982 — as later amended by sections 209 through 230 of this title (43 U.S.C. 390ii-390zz-1, 373a, 422e, 425b, 485h). If a district doesn't amend its contract within four and a half years of October 12, 1982, irrigation water* can only be delivered to land it leases beyond 160 acres if full cost* — as defined in section 390bb(3)(A) — is paid for the water assigned to that excess land. The interest rate used to compute that full cost must be the same rate described in section 390ee(a)(3).
(c) Election by qualified or limited recipients in absence of amendment to contract: If a district hasn't amended its contract as in (a), an individual* qualified recipient* or limited recipient* can still choose to be governed by this subchapter, by signing an irrevocable election form the Secretary approves. The district must then deliver irrigation water to that recipient and collect, for the United States, the extra charges this subchapter requires for that recipient.
(d) Consent of non-Federal party: Contract amendments that this subchapter doesn't require cannot be made without the non-federal party's consent.
The provisions of this subchapter shall be applicable to any district* which—
enters into a contract* with the Secretary* subsequent to October 12, 1982;
enters into any amendment of its contract with the Secretary subsequent to October 12, 1982, which enables the district to receive supplemental or additional benefits; or
which amends its contract for the purpose of conforming to the provisions of this subchapter.
Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such contract as specified in subsection (a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by sections 209 through 230 of this title [43 U.S.C. 390ii—390zz–1, 373a, 422e, 425b, 485h]. Within a district that does not enter into an amendment of its contract with the Secretary within four and one-half years of October 12, 1982, irrigation water* may be delivered to lands leased in excess of a landholding* of one hundred and sixty acres only if full cost*, as defined in section 390bb(3)(A) of this title, is paid for such water as is assignable to those lands leased in excess of such landholding of one hundred and sixty acres: Provided, That the interest rate used in computing full cost under this subsection shall be the same as provided in section 390ee(a)(3) of this title.
In the absence of an amendment to a contract, as specified in subsection (a), a qualified recipient* or limited recipient* may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the Secretary to comply with this subchapter. The district shall thereupon deliver irrigation water to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election.
Amendments to contracts which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party.
Source credit: (Pub. L. 97–293, title II, § 203, Oct. 12, 1982, 96 Stat. 1264.)
- 1982Enacted · Pub. L. 97-293 · 96 Stat. 1264
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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