Title 43, Chapter 12 — Reclamation and Irrigation of Lands by Federal Government

Definitions

Water right as appurtenant to land and extent of right

General authority of Secretary of the Interior

Commissioner of Reclamation; appointment

Repealed. Pub. L. 88–426, title III, § 305(35), Aug. 14, 1964, 78 Stat. 426

Law enforcement authority at Bureau of Reclamation facilities

Definitions

Grants and cooperative agreements with Indian tribes and organizations

Bureau of Reclamation site security

Partnerships, grants, and cooperative agreements with local joint powers authorities

Sale of lands acquired in connection with irrigation project

Sale of land improved at expense of reclamation fund

Sale under sections 374 and 375 of lands appraised at not exceeding $300

Disposal of tracts too small to be classed farm units

Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable

Issuance of patent for small tracts; reservations

Moneys from sale of small tracts covered into reclamation fund; credit

Rules and regulations

Return of land donations not needed

General expenses of Bureau of Reclamation chargeable to general reclamation fund

Limitation on use of funds where organizations or individuals are in arrears on contract charges

Availability of appropriations for Bureau of Reclamation

Omitted

Purchase of scientific books, law books, etc.

Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029

Omitted

Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 639

Repealed. Pub. L. 87–304, § 9(a)(3), Sept. 26, 1961, 75 Stat. 664

Vested rights and State laws unaffected

Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925

Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 649

Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project

Repealed. Pub. L. 86–533, § 1(18), June 29, 1960, 74 Stat. 248

Omitted

Application of excess-land provisions of reclamation laws to certain lands

Removal of sand, gravel, etc.; leases, easements, etc.

Contracts for materials; liability of United States

Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy

Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation

Repealed. Pub. L. 105–362, title IX, § 901(e)(2), Nov. 10, 1998, 112 Stat. 3289

Development of water supplies for domestic, municipal, industrial, and other purposes

Improving planning and administration of water supply storage

Leveraging Federal infrastructure for increased water supply

Water reservoirs; interests of States and local agencies in storage space

Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests

Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract

Revision of leases or agreements to evidence conversion of rights to use of storage rights

Groundwater recharge of aquifers; demonstration program

Phase I of groundwater recharge demonstration program

Phase II of groundwater recharge demonstration program

Evaluation of water quality impacts

Authorization of appropriations to carry out phase I

Authorization of appropriations to carry out phase II

Matching basis for funding phase II from non-Federal sources

New spending authority

Interstate transfer of water from Arkansas

Aquifer recharge flexibility

Program to investigate reclamation and reuse of wastewater and groundwater; general authority

Appraisal investigations

Feasibility studies

Research and demonstration projects

Southern California comprehensive water reclamation and reuse study

San Jose area water reclamation and reuse program

Phoenix metropolitan water reclamation study and program

Tucson area water reclamation study

Lake Cheraw water reclamation and reuse study

San Francisco area water reclamation study

San Diego area water reclamation program

Los Angeles area water reclamation and reuse project

San Gabriel basin demonstration project

North San Diego County Area Water Recycling Project

Calleguas Municipal Water District Recycling Project

Central Valley Water Recycling Project

St. George Area Water Recycling Project

Watsonville Area Water Recycling Project

Southern Nevada Water Recycling Project

Albuquerque Metropolitan Area Water Reclamation and Reuse Project

El Paso Water Reclamation and Reuse Project

Reclaimed water in Pasadena

Orange County Regional Water Reclamation Project

City of West Jordan Water Reuse Project

Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility

Mission Basin Brackish Groundwater Desalting Demonstration Project

Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach

San Joaquin Area Water Recycling and Reuse Project

Tooele Wastewater Treatment and Reuse Project

Authorization of appropriations

Groundwater study

Authorization of appropriations

Willow Lake Natural Treatment System Project

Lakehaven, Washington, Water Reclamation and Reuse Project

Transferred

Irvine basin groundwater and surface water improvement projects

Williamson County, Texas, water recycling and reuse project

Hawaii reclamation projects

Inland Empire regional water recycling project

Omitted

Southern California desert region integrated water and economic sustainability plan

Omitted

Mountain View, Moffett Area reclaimed water pipeline project

Pittsburg recycled water project

Antioch recycled water project

North Coast County Water District recycled water project

Redwood City recycled water project

South Santa Clara County recycled water project

South Bay advanced recycled water treatment facility

Rancho California Water District project, California

Elsinore Valley Municipal Water District projects, California

North Bay Water Reuse Program

Omitted

Yucaipa Valley regional water supply renewal project

City of Corona Water Utility, California, water recycling and reuse project

Congressional declaration of purpose; short title

Definitions

New or amended contracts

Limitation on ownership

Pricing

Certification of compliance

Equivalency

Operation and maintenance charges

Disposition of excess lands

Water conservation

Residency not required

Corps of Engineers projects

Repayment of construction charges

Trusts

Temporary supplies of water

Involuntary foreclosure

Isolated tracts

Central Arizona Project

Religious or charitable organizations

Contract required

Waiver of sovereign immunity

Excess crop restrictions

Administrative provisions

Validation of contracts entered into prior to October 1, 1981

Leasing requirements

Reporting

Severability

Establishment of “reclamation fund”

Advances to reclamation fund

Increase in reclamation fund; reimbursement of advances from Treasury

Omitted

Payments into reclamation fund of moneys received from entrymen and water right applicants

Payment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs

Proceeds from sale of materials, etc.

Proceeds from sale of products of or leases of withdrawn or reserved lands

Contributions by State, municipality, etc.

Return of contributions to cooperative investigations of projects

Advances by Government for completion of projects initiated prior to June 25, 1910

Advances for operation and maintenance of projects

Sales of Government certificates to obtain funds for advances

Omitted

Advances as item of cost of construction and maintenance of project

Amounts collected from defaulting contractors and their sureties

Omitted

Repealed. June 30, 1947, ch. 166, title II, § 206(c), 61 Stat. 208

Reclamation Water Settlements Fund

Surveys for, location, and construction of irrigation works generally

Repealed. Feb. 28, 1929, ch. 374, § 2, 45 Stat. 1406

Authorization of appropriations for investigations of feasibility of reclamation projects

Employment of engineers, geologists, appraisers and economists for reclamation consultation work; compensation; retired Army and Navy officers as consulting engineers

Prerequisites to initiation of project or division of project

Approval of project by President

Appropriation for projects essential

Receipts applicable to project generally

Laws applicable to withdrawn lands; restoration to entry

Reservation of easements in public lands for reclamation projects

Private lands within project; agreement as to disposal of excess over farm unit

Contract for irrigation project; notice as to lands irrigable, unit of entry, and construction charges

Use of earth, timber, etc., from other public lands

Acquisition of lands for irrigation project; eminent domain

Construction of distribution and drainage systems by irrigation districts or public agencies

Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; “irrigation district or other public agency” defined

Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way

Effect on existing laws

Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest

Existing loan contracts; negotiation by Secretary of amendments

Existing rights unaffected

Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title

Construction of dams across Yellowstone River

Declaration of purpose

Definitions

Proposals; submission; payment for cost of examination

Contents of proposals

Contract requirements

Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract

Information from Federal agencies; costs

Planning and construction; transfer of funds

Rules and regulations

Appropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement; limitations on expenditures in any single State; waiver

Supplement to Federal reclamation laws; short title

Loan contracts for deferment of repayment installments; amendment or supplementation

Application of this subchapter to Hawaii

Permanently unproductive lands; exclusion from project; disposition of water right

Construction charges on permanently unproductive lands already paid; disposition

Suspension of payment of construction charges against areas temporarily unproductive

Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men

Amendment of existing water right contracts by Secretary of the Interior

Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land

Purpose of sections 423 to 423g and 610

Adjustment of water right charges as final adjudication on projects and divisions named

Delivery of water to excess lands upon death of spouse

Disposal of lands classified as temporarily or permanently unproductive; persons who may take

Sale of unproductive lands; terms; area purchasable; tracts included

Application of certain statutes to lands sold

Issuance of patents; recitals in patents; reservations

Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands

Authority of Secretary of the Interior; rules and regulations

Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status

Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price

Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations

Limitation as to amount of water; qualifications of applicant

Entry under homestead laws generally

Character and capital qualification of entrymen

Preference of needy families

Amount of land for which entry may be made; farm unit; subdivision of lands

Entries in excess of farm unit

Time when entry may be made generally

Lands as to which entries made prior to June 25, 1910, have been relinquished

Repealed. Aug. 13, 1953, ch. 428, § 10, 67 Stat. 568

Cultivation requirement as to entrymen

Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements

Assignment of entries generally

Assignment between June 23, 1910, and January 1, 1913, confirmed

Limitation of amount of land holdable under assignment of entry

Omitted

Right to make entry on relinquishment of former entry under land laws

Relinquishment of homestead entry and making new entry

Desert-land entries within reclamation project generally

Assignment of desert-land entry within project

Conditions necessary for exchange; terms; credits; rights nonassignable

Persons eligible for benefits

Irrigation construction charges

Cancellation of charges or liens; credits

Disposal of improvements; water rights; revertibil­ity of relinquished land

Amendment of farm unit; application; amount of land; exchange; waiver

Exchanges subject to mortgage contracts

Preferences; veterans; timely applicants

Establishment of farm units; size; contiguous or noncontiguous

“Federal irrigation project” defined

Rules and regulations

Availability of appropriations; expenses as nonreimbursable

State taxation; lands of homestead entryman

State taxation; lands of desert-land entryman

State tax as lien upon lands; prior lien of United States; rights of holder of tax title

Extinguishment of liens and tax titles on reversion of lands to United States

Determination of construction charges generally

Classification of irrigable lands and equitable apportionment of charges

Repealed. May 25, 1926, ch. 383, § 47, 44 Stat. 650

Increases of charges on failure to make water-right application

Charges for water service prior to notice of construction charge

Surveys to correct errors or inequalities in original basis of project

Repealed. May 25, 1926, ch. 383, § 47, 44 Stat. 650

Withdrawal of notice given and modification of applications and contracts made prior to February 13, 1911

Increase in construction charges

When work increasing construction charge may be undertaken

Initial payment and annual installments of charges generally

Installments on entries or applications made after August 13, 1914, and prior to December 5, 1924

Repealed. May 25, 1926, ch. 383, § 47, 44 Stat. 650

Annual installments on entries and contracts prior to August 13, 1914

Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029

Association or irrigation district as fiscal agent of Government

Pecuniary penalty for nonpayment of installments of construction charges

Shutting off water for nonpayment of construction charge

Cancellation of water right or entry for nonpayment of construction charge

Action to recover construction charges and penalties

Omitted

Declaration of policy

Definitions

Amendment of existing repayment contracts

Deferment of installments under repayment contracts; determination of undue burden; conditions; supplemental contract; report to Congress

Repealed. Pub. L. 85–611, § 3, Aug. 8, 1958, 72 Stat. 543

Time of payments to the United States

Maintenance and operation of project works; delinquency penalties

Negotiation of equitable contracts by Secretary

Classification of lands

New projects; sale of water and electric power; lease of power privileges

Administration of repayment contracts and long-term contracts to furnish water; renewal and conversion; credit for payments; right to available water supply; rates; construction component

Amendments to existing contracts

“Long-term contract” defined

Application of State laws

Supplement to Federal reclamation laws

Repayment contracts; amendment for provision, addition or modification of irrigation blocks

Amendment of repayment contract for payment of annual installments in two parts

Rules and regulations

Effect on existing laws

Short title

Authority of Secretary to operate works

Operation and maintenance charges generally

Operation charges; date of payment; discount; advance payment

Omitted

Pecuniary penalty for nonpayment of operation charge

Shutting off water for nonpayment of operation charge

Cancellation of entry or water right for nonpayment of operation charge

Action to recover operation charge and penalty

Transfer of management and operation of works to water users generally

Discretionary power to transfer management

Transfer of title to movable property; use of appropriations

Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use

Duty of association or district to take over management

Disposition of profits of project taken over by water users

Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law

“Unusual or emergency conditions” defined

Rehabilitation and betterment of Federal reclamation projects, including small reclamation proj­ects; return of costs; interest; definitions; performance of work

Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress

Definitions

Asset Management Report enhancements for reserved works

Asset Management Report enhancements for transferred works

Authority of Secretary to make modifications

Construction for dam safety

Costs incurred in the modification of structures

Authorization of appropriations; report to Congress

Project beneficiaries

Additional project benefits through the construction of new or supplementary works

Definitions

Guidelines and inspection of project facilities and technical assistance to transferred works operating entities

Extraordinary operation and maintenance work performed by the Secretary

Relationship to Twenty-First Century Water Works Act

Authorization of appropriations

Authority to contract with irrigation district

Release of Government liens after contract with irrigation districts

Lands in project subject to provisions of chapter; after contract with irrigation district

Sale of surplus waters generally

Lease of water power

Storage and transportation of water for irrigation districts, etc.

Cooperation with irrigation districts, etc., in construction of reservoirs and canals

Covering proceeds into reclamation fund

Credit of proceeds to particular project

When patent or final certificate issued

Reservation of lien for charges; enforcement of lien; redemption

Certificate of final payment and release of lien

Limitation as to holdings prior to final payment of charges; forfeiture of excess holding

Appointment of agents to receive payments; record of payments and amounts owing

Jurisdiction of district court for enforcement of this subchapter

Patent to desert-land entryman

Survey and subdivision of land for town sites; reservation for public purposes

Appraisal and sale of town lots

Disposal of town sites set apart prior to June 27, 1906

Reappraisal of town lots for sale

Terms of sale of town lots; installments of price

Maintenance of public reservations and conveyance to municipality

Water rights for towns and cities; charges

Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites

Reservation of land for park, playground, or community center

Extension of section 569 to tract of land in Idaho

Conveyance of land to school district

Sale of unplatted portions of Government town sites; authorization

Disposition of net proceeds; fixing project construction charges

Expenses of appraisement and sale; rules and regulations

Omitted

Omitted

Boise project, Idaho; Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.

Omitted

Flathead irrigation project, Montana

Construction, operation, and maintenance of Hungry Horse Dam

Construction of additional works for irrigation purposes

Omitted

King Hill project, Idaho

Omitted

Riverton project, Wyoming

Easements for Bull Lake Dam and Reservoir

Compensation for easements

Reservation of Indians’ right to use lands

Regulations

Salt River project, Arizona; sale of water power

Omitted

Minidoka project, Idaho; sales of water from American Falls Reservoir

Arch Hurley Conservancy District project, New Mexico

Canadian River project, Texas

Nonreimbursable costs

Sanford Reservoir recreation facilities; allocation of water, reservoir capacity, or joint project costs of Canadian River project; municipal water use priorities; agreements for operation, maintenance, or additional development of project lands or facilities; disposal of project lands or facilities; nonreimbursable costs; cognizance of effect of fish and wildlife plan

Authorization of appropriations for public recreation facilities

Omitted

Omitted

Omitted

Repealed. June 17, 1944, ch. 261, § 2(a), 58 Stat. 279

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Repealed. Pub. L. 100–516, § 12(a), Oct. 24, 1988, 102 Stat. 2572

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Omitted

Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain

“Colorado River Dam Fund”

Authorization of appropriations

Condition precedent to taking effect of provisions

Contracts for storage and use of waters for irrigation and domestic purposes; generation and sale of electrical energy

Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority

Canals and appurtenant structures; transfer of title; power development

Colorado River compact as controlling authority in construction and maintenance of dam, reservoir, canals, and other works

Lands capable of irrigation and reclamation by irrigation works; public entry; preferences

Modification of existing compact relating to Laguna Dam

Omitted

Definitions

Colorado River compact approval

Reclamation law applicable

Projects for irrigation, generation of electric power, and other purposes; investigations and reports

Officials of ratifying States; authority to act in advisory capacity; access to records

Claims of United States; priority

Effect on authority of States to control waters within own borders

Consent given States to negotiate supplemental compacts for development of Colorado River

Recognition of rights of Mexico to Colorado River waters

Short title

Lease of reserved lands in Boulder City, Nevada; disposition of revenues

Repealed. Pub. L. 85–900, § 17, Sept. 2, 1958, 72 Stat. 1735

Promulgation of charges for electrical energy

Receipts from project; disposition

Availability of Colorado River Development Fund for investigation and construction purposes

Reduction of payments and transfers where revenue is insufficient

Charges as retroactive; adjustment of accounts

Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements

Interest payments; rate

Repayment of advances for flood control

Regulations; contracts; modification of allotments of energy

Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency

Effective date

Effect of refusal to modify existing contracts

Definitions

Repealed. Aug. 30, 1954, ch. 1076, § 1(22), 68 Stat. 968

Effect on existing laws and States’ rights

Wages of employees

Short title

Omitted

Increase in capacity of existing generating equipment at Hoover Powerplant; construction of Colorado River bridge crossing

Renewal contracts for power

Reimbursement of funds advanced by non-Federal purchasers; uprating program; repayment requirement; visitor facilities program

Upper Colorado River Basin; purpose of development of water resources; initial units; construction of Wayne N. Aspinall unit contingent upon certification; participating projects; Rainbow Bridge National Monument

Priority to planning reports of certain additional participating projects; reports to States; San Juan-Chama project; Juniper project

Construction of participating projects to be concurrent with Central Arizona Project

Establishment of nonexcess irrigable acreage for participating projects

Congressional intent; additional undesignated projects not precluded; construction not authorized within national park or monument

Laws governing; irrigation repayment contracts; time for making contract; contracts for municipal water; payment by Indian lands; restricted delivery of water for excess commodity; apportionments of use

Laws governing priority of appropriation

Upper Colorado River Basin Fund

Reimbursement of Fund from Colorado River Development Fund; operation of Hoover Dam

Cost allocations; Indian lands; report to Congress

Powerplant operations

Recreational and fish and wildlife facilities

Saving provisions

Expenditures; units excepted from soil survey and land classification requirements

Court decree; effectivity and approval

Authorization of appropriations

Net power revenues

Compliance with law required in operation of facilities; enforcement of provisions

Water quality study and reports

Top water bank

Definitions