Public Law 119-73 (01/23/2026)

43 U.S.C. § 2211

Assistance during drought; water purchases

(a)

Construction, management, and conservation

Consistent with existing contractual arrangements and applicable State and applicable Federal law, and without further authorization, the Secretary is authorized to undertake construction, management, and conservation activities that will minimize, or can be expected to have an effect in minimizing, losses and damages resulting from drought conditions. Any construction activities undertaken pursuant to the authority of this subsection shall be limited to temporary facilities designed to minimize losses and damages from drought conditions, except that wells drilled to minimize losses and damages from drought conditions may be permanent facilities.

(b)

Assistance to willing buyers and sellers

In order to minimize losses and damages resulting from drought conditions, the Secretary may provide nonfinancial assistance to willing buyers in their purchase of available water supplies from willing sellers.

(c)

Water purchases by Bureau

section 2212 of this titleProvidedIn order to minimize losses and damages resulting from drought conditions, the Secretary may purchase water from willing sellers, including, but not limited to, water made available by Federal Reclamation project contractors through conservation or other means with respect to which the seller has reduced the consumption of water. Except with respect to water stored, conveyed or delivered to Federal and State wildlife habitat, the Secretary shall deliver such water pursuant to temporary contracts under : , That any such contract shall require recovery of any costs, including interest if applicable, incurred by the Secretary in acquiring such water.

(d)

Water banks

In order to respond to a drought, the Secretary is authorized to participate in water banks established by a State.

Pub. L. 102–250, title I, § 101106 Stat. 53(, , .)

Editorial Notes

References in Text

The Bureau, referred to in heading for subsec. (c), probably means the Bureau of Reclamation.

Statutory Notes and Related Subsidiaries

Termination of Authorities

section 2214(c) of this titleFor provisions directing that authorities established under this subchapter shall terminate ten years after , see .

Desert Terminal Lakes

Pub. L. 107–206, title I, § 103116 Stat. 823section 2507(a) of Pub. L. 107–171section 3839bb–6 of Title 16, , , which provided that not later than 14 days after , the Secretary of Agriculture was to carry out a transfer of funds under , formerly set out below, was transferred and is set out as a note under , Conservation.

Pub. L. 107–171, title II, § 2507116 Stat. 275Pub. L. 110–234, title II, § 2807122 Stat. 1090Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 111–85, title II, § 207123 Stat. 2858Pub. L. 112–74, div. B, title II, § 208(a)125 Stat. 866Pub. L. 113–79, title II, § 2507128 Stat. 753section 3839bb–6 of Title 16, , , as amended by , , ; , title II, § 2807, , , 1818; , , ; , , ; , , , which related to terminal lakes assistance, was transferred to , Conservation.