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43 U.S.C. § 423hDelivery of water to excess lands upon death of spouse

submitted 66 years ago by Pub. L. 86-684 to r/title-43-PUBLIC-LANDS · 134 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a spouse dies and their land becomes "excess land," the surviving spouse can still get water without signing a normal sales contract. This applies only if the land was already eligible for water before the death. That right ends if the surviving spouse remarries.

Normally, land that becomes "excess land" (as defined in section 423e) can't get water unless the owner signs a recordable contract agreeing to sell the excess. This section creates an exception. If a husband or wife dies and that death is what causes privately owned land to become excess land, and the land was already eligible to receive water from a federal reclamation project (under the Act of June 17, 1902, and its later amendments) without needing that recordable sales contract, the Secretary of the Interior can keep furnishing water to it without requiring the contract — for as long as the surviving spouse keeps owning the land. But if the surviving spouse remarries, this special protection ends, and the land goes back to being governed by the normal rules, without regard to this section.
the actual law source: uscode.house.gov ↗public domain

Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 423e of this title, and those lands had theretofore been eligible to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under section 423e of this title, the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the ownership of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applicable law without regard to the provisions of this section.

Source credit: (Pub. L. 86–684, Sept. 2, 1960, 74 Stat. 732.)

history & why it existsrecord from the source credit
  • 1960Enacted · Pub. L. 86-684 · 74 Stat. 732

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-684 on 1960-09-02.

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