43 CFR § 428.9 - Farm operators who are former owners of excess land.

---
identifier: "/us/cfr/t43/s428.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 428.9 - Farm operators who are former owners of excess land."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "428.9"
section_name: "Farm operators who are former owners of excess land."
chapter_name: "BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR"
part_number: "428"
part_name: "INFORMATION REQUIREMENTS FOR CERTAIN FARM OPERATIONS IN EXCESS OF 960 ACRES AND THE ELIGIBILITY OF CERTAIN FORMERLY EXCESS LAND"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 5 U.S.C. 553; 16 U.S.C. 590z-11; 31 U.S.C. 9701; 32 Stat. 388, as amended."
regulatory_source: "65 FR 4324, Jan. 26, 2000, unless otherwise noted."
cfr_part: "428"
---


# 428.9 Farm operators who are former owners of excess land.

(a) Land held in trust or by a legal entity may not receive irrigation water if:

(1) You owned the land when the land was excess, whether or not under recordable contract;

(2) You sold or transferred the land at a price approved by Reclamation; and

(3) You are the direct or indirect farm operator of that land.

(b) This section does not apply if:

(1) The formerly excess land becomes exempt from the acreage limitations of Federal reclamation law; or

(2) The full-cost rate is paid for any irrigation water delivered to your formerly excess land that is otherwise eligible to receive irrigation water. If you are a part owner of a legal entity that is the direct or indirect farm operator of the land in question, then the full-cost rate will apply to the proportional share of the land that reflects your interest in that legal entity.