43 U.S.C. § 423h — Delivery 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
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.
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.)
- 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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