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43 U.S.C. § 423h — Delivery of water to excess lands upon death of spouse

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 423h — Delivery of water to excess lands upon death of spouse

Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in [section 423e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section423e&num=0&edition=prelim), and those lands had theretofore been eligible to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under [section 423e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section423e&num=0&edition=prelim), the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the ownership of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applicable law without regard to the provisions of this section.

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Source location: Title 43, Chapter 12, § 423h; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 423e — 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

No water shall be delivered upon the completion of any new project or new division of a project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or irrigation districts organized under State law providing for payment by the district or districts of the cost of constructing, operating, and maintaining the works during the time they are in control of the United States, such cost of constructing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than forty years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Prior to or in connection with the settlement and development of each of these projects, the Secretary of the Interior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divisions are located whereby such State or States shall cooperate with the United States in promoting the settlement of the projects or divisions after completion and in the securing and selecting of settlers. Such contract or contracts with irrigation districts hereinbefore referred to shall further provide that all irrigable land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres shall be appraised in a manner to be prescribed by the Secretary of the Interior and the sale prices thereof fixed by the Secretary on the basis of its actual bona fide value at the date of appraisal without reference to the proposed construction of the irrigation works; and that no such excess lands so held shall receive water from any pro

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 371 — Definitions

When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title— **(a)** The word “Secretary” means the Secretary of the Interior. **(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. **(c)** The words “reclamation fund” mean the fund provided by the reclamation law. **(d)** The word “project” means a Federal irrigation project authorized by the reclamation law. **(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 423h — Delivery of water to excess lands upon

Page 149 TITLE 43—PUBLIC LANDS § 424 (May 25, 1926, ch. 383, § 46, 44 Stat. 649; July 11, 1956, ch. 563, § 1, 70 Stat. 524.) Editorial Notes AMENDMENTS 1956—Act July 11, 1956, authorized delivery of water for not more than five years to excess lands acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance, or by devise. Statutory Notes and Related Subsidiaries IMPERIAL IRRIGATION DISTRICT OF CALIFORNIA; NONAPPLICABILITY OF FEDERAL RECLAMATION LAWS Pub. L. 96–570, § 4, Dec. 22, 1980, 94 Stat. 3340, provided that: ‘‘The following provisions of the Federal reclama- tion laws shall not apply to lands within the Imperial Irrigation District of California after the date of enact- ment of this Act [Dec. 22, 1980]: ‘‘(a) section 5 of the Act entitled ‘An Act appro- priating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands’, approved June 17, 1902 (43 U.S.C. 431); ‘‘(b) section 46 of the Act entitled ‘An Act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other pur- poses’, approved May 25, 1926 (42 U.S.C. 423e) [this sec- tion]; and ‘‘(c) any other provision of law amendatory or sup- plementary to either of such sections.’’ AMENDMENT OF EXISTING CONTRACTS Act July 11, 1956, ch. 563, § 3, 70 Stat. 524, provided that: ‘‘The Secretary of the Interior is authorized, upon request of any holder of an existing contract under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), to amend the contract to conform to the pro- visions of sections 1 and 2 of this Act [amending sec-

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