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43 U.S.C. § 2212 — Assistance during drought; water purchases
Federal law — U.S. Code and appendices · legal_authorities
**(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** In 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 [section 2212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2212&num=0&edition=prelim): Provided, That any such contract shall require recovery of any costs, including interest if applicable, incurred by the Secretary in acquiring such water.
**
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2212
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Source file: Laws/federal/codes/united-states-code/title-43/section-2212-assistance-during-drought-water-purchases--484a0f097f.md
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Source location: Title 43, Chapter 40, § 2212; chapter-040-reclamation-states-emergency-drought-relief.md
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**(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** In 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 [section 2212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2212&num=0&edition=prelim): Provided, 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Eligible land** — The term “eligible land” means privately owned agricultural land (including land in which a State has a property interest as a result of State water law)—
(A) that a landowner voluntarily agrees to sell to a State; and
(B) which—
(i)
(I) is ineligible for enrollment as a wetland reserve easement established under the agricultural conservation easement program under subtitle H 11 See References in Text note below. of the Food Security Act of 1985;
(II) is flooded to—
(aa) an average depth of at least 6.5 feet; or
(bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or
(III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding);
(ii) is located within a watershed with water rights available for lease or purchase; and
(iii) has been used during at least 5 of the immediately preceding 30 years—
(I) to produce crops or hay; or
(II) as livestock pasture or grazing.
(2) **Program** — The term “program” means the voluntary land purchase program established under this section.
(3) **Terminal lake** — The term “terminal lake” means a lake and its associated riparian and watershed resources that is—
(A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or
(B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3839bb–6
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Federal law — U.S. Code and appendices · legal_authorities
Page 622
TITLE 43—PUBLIC LANDS
§ 2212
State wildlife habitat, the Secretary shall de-
liver such water pursuant to temporary con-
tracts under section 2212 of this title: Provided,
That any such contract shall require recovery of
any costs, including interest if applicable, in-
curred by the Secretary in acquiring such water.
(d) Water banks
In order to respond to a drought, the Sec-
retary is authorized to participate in water
banks established by a State.
(Pub. L. 102–250, title I, § 101, Mar. 5, 1992, 106
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
For provisions directing that authorities established
under this subchapter shall terminate ten years after
Mar. 5, 1992, see section 2214(c) of this title.
DESERT TERMINAL LAKES
Pub. L. 107–206, title I, § 103, Aug. 2, 2002, 116 Stat. 823,
which provided that not later than 14 days after Aug.
2, 2002, the Secretary of Agriculture was to carry out a
transfer of funds under section 2507(a) of Pub. L.
107–171, formerly set out below, was transferred and is
set out as a note under section 3839bb–6 of Title 16, Con-
servation.
Pub. L. 107–171, title II, § 2507, May 13, 2002, 116 Stat.
275, as amended by Pub. L. 110–234, title II, § 2807, May
22, 2008, 122 Stat. 1090; Pub. L. 110–246, § 4(a), title II,
§ 2807, June 18, 2008, 122 Stat. 1664, 1818; Pub. L. 111–85,
title II, § 207, Oct. 28, 2009, 123 Stat. 2858; Pub. L. 112–74,
div. B, title II, § 208(a), Dec. 23, 2011, 125 Stat. 866; Pub.
L. 113–79, title II, § 2507, Feb. 7, 2014, 128 Stat. 753, which
related to terminal lakes assistance, was transferred to
section 3839bb–6 of Title 16, Co
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 2212
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.