43 USC § 2402 - Rural water supply program

---
identifier: "/us/usc/t43/s2402"
source: "usc"
legal_status: "official_prima_facie"
title: "43 USC § 2402 - Rural water supply program"
title_number: 43
title_name: "PUBLIC LANDS"
section_number: "2402"
section_name: "Rural water supply program"
chapter_number: 42
chapter_name: "RURAL WATER SUPPLY"
subchapter_number: "I"
subchapter_name: "RECLAMATION RURAL WATER SUPPLY"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–451, title I, § 103, Dec. 22, 2006, 120 Stat. 3347.)"
---


# § 2402. Rural water supply program

**(a)** **In general** The Secretary, in cooperation with non-Federal project entities and consistent with this subchapter, may carry out a rural water supply program in Reclamation States to—

**(1)** investigate and identify opportunities to ensure safe and adequate rural water supply projects for domestic, municipal, and industrial use in small communities and rural areas of the Reclamation States;

**(2)** plan the design and construction, through the conduct of appraisal investigations and feasibility studies, of rural water supply projects in Reclamation States; and

**(3)** oversee, as appropriate, the construction of rural water supply projects in Reclamation States that are recommended by the Secretary in a feasibility report developed pursuant to section 2405 of this title and subsequently authorized by Congress.

**(b)** **Non-Federal project entity** Any activity carried out under this subchapter shall be carried out in cooperation with a qualifying non-Federal project entity, consistent with this subchapter.

**(c)** **Eligibility criteria** Not later than 1 year after December 22, 2006, the Secretary shall, consistent with this subchapter, develop and publish in the Federal Register criteria for—

**(1)** determining the eligibility of a rural community for assistance under the Program; and

**(2)** prioritizing requests for assistance under the Program.

**(d)** **Factors** The criteria developed under subsection (c) shall take into account such factors as whether—

**(1)** a rural water supply project—

**(A)** serves—

**(i)** rural areas and small communities; or

**(ii)** Indian tribes; or

**(B)** promotes and applies a regional or watershed perspective to water resources management;

**(2)** there is an urgent and compelling need for a rural water supply project that would—

**(A)** improve the health or aesthetic quality of water;

**(B)** result in continuous, measurable, and significant water quality benefits; or

**(C)** address current or future water supply needs;

**(3)** a rural water supply project helps meet applicable requirements established by law; and

**(4)** a rural water supply project is cost effective.

**(e)** **Inclusions** The Secretary may include—

**(1)** to the extent that connection provides a reliable water supply, a connection to pre-existing infrastructure (including impoundments and conveyance channels) as part of a rural water supply project; and

**(2)** notwithstanding the limitation on population under section 2401(9)(A) of this title, a town or community with a population in excess of 50,000 inhabitants in an area served by a rural water supply project if, at the discretion of the Secretary, the town or community is considered to be a critical partner in the rural supply project.

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**Source Credit**: (Pub. L. 109–451, title I, § 103, Dec. 22, 2006, 120 Stat. 3347.)