43 U.S.C. § 390ee

(a)

Delivery of irrigation water at full cost

section 390cc of this title section 390bb(3) of this titleNotwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in , shall provide for the delivery of irrigation water at full cost as defined in to:

(1)

1 So in original. The comma probably should be a semicolon.

a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,

(2)

October 1, 1981 a landholding in excess of three hundred and twenty acres of class I land or the equivalent thereof for a limited recipient receiving irrigation water on or before ; and

(3)

October 1, 1981Provided the entire landholding of a limited recipient not receiving irrigation water on or before : , That the interest rate used in computing full cost under this paragraph shall be determined by the Secretary of the Treasury on the basis of the arithmetic average of—

(A)

the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and

(B)

the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury

October 12, 1982October 12, 1982during the fiscal year preceding the fiscal year in which the expenditures are made, or , for expenditures made before .

(b)

Delivery of irrigation water at prior terms and conditions

section 390cc of this titleOctober 12, 1982section 390hh of this titleAny contract with a district entered into by the Secretary as specified in , shall provide for the delivery of irrigation water to lands not in excess of the landholdings described in subsection (a) upon terms and conditions related to pricing established by the Secretary pursuant to Federal reclamation law in effect immediately prior to , or, in the case of an amended contract, upon the terms and conditions established by such contract prior to the date of its amendment. However, the portion of any price established under this subsection which relates to operation and maintenance charges shall be established pursuant to .

(c)

Delivery of irrigation water to lands under recordable contracts

section 390ii(e) of this titleOctober 12, 1982October 12, 1982section 390rr of this titleProvidedNotwithstanding any extension of time of any recordable contract as provided in , lands under recordable contract shall be eligible to receive irrigation water at less than full cost for a period not to exceed ten years from the date such recordable contract was executed by the Secretary in the case of contracts existing prior to , or five years from the date such recordable contract was executed by the Secretary in the case of contracts entered into subsequent to , or the time specified in for lands described in that section: , That in no case shall the right to receive water at less than full cost under this subsection terminate sooner than eighteen months after the date on which the Secretary again commences the processing or the approval of the disposition of such lands.

Pub. L. 97–293, title II, § 205Oct. 12, 198296 Stat. 1265(, , .)

Editorial Notes

References in Text

section 390aa of this titleFederal reclamation law, referred to in subsec. (b), is defined in .