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43 U.S.C. § 390ee — Pricing
Federal law — U.S. Code and appendices · legal_authorities
**(a) Delivery of irrigation water at full cost** Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), shall provide for the delivery of irrigation water at full cost as defined in [section 390bb(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390bb/3&num=0&edition=prelim) to:
(1) a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,11 So in original. The comma probably should be a semicolon.
(2) 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 October 1, 1981; and
(3) the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, 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
during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982.
**(b) Delivery of irrigation water at prior terms and conditions** Any contract with a district entered into by the Secreta
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Source file: Laws/federal/codes/united-states-code/title-43/section-390ee-pricing--7ff9c82b23.md
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Source location: Title 43, Chapter 12, § 390ee; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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**(a) Delivery of irrigation water at full cost** Notwithstanding any other provision of law, any contract with a district entered into by the Secretary as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), shall provide for the delivery of irrigation water at full cost as defined in [section 390bb(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390bb/3&num=0&edition=prelim) to:
(1) a landholding in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a qualified recipient,11 So in original. The comma probably should be a semicolon.
(2) 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 October 1, 1981; and
(3) the entire landholding of a limited recipient not receiving irrigation water on or before October 1, 1981: Provided, 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
during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982.
**(b) Delivery of irrigation water at prior terms and conditions** Any contract with a district entered into by the Secretary as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), 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 October 12, 1982, 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 [section 390hh of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390hh&num=0&edition=prelim).
**(c) Delivery of irrigation water to lands under recordable contracts** Notwithstanding any extension of time of any recordable contract as provided in [section 390ii(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ii/e&num=0&edition=prelim), 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 October 12, 1982, or five years from the date such recordable contract was executed by the Secretary in the case of contracts entered into subsequent to October 12, 1982, or the time specified in [section 390rr of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390rr&num=0&edition=prelim) for lands described in that section: Provided, 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.
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter shall amend and supplement the Act of June 17, 1902, and Acts supplementary thereto and amendatory thereof ([43 U.S.C. 371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section371&num=0&edition=prelim)), hereinafter referred to as “Federal reclamation law”. This subchapter may be referred to as the “Reclamation Reform Act of 1982”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390aa
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Federal law — U.S. Code and appendices · legal_authorities
Lands receiving irrigation water pursuant to a contract with the Secretary as authorized under title III of the Colorado River Basin Project Act (82 Stat. 887; [43 U.S.C. 1521](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1521&num=0&edition=prelim) et seq.) which are placed under recordable contract shall be eligible to receive irrigation water upon terms and conditions related to pricing established by the Secretary pursuant to Federal reclamation law in effect immediately prior to October 12, 1982, for a period of time not to exceed ten years from the date such lands are capable of being served with irrigation water, as determined by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390rr
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Price adequate to recover charges** The price of irrigation water delivered by the Secretary pursuant to a contract or an amendment to a contract with a district, as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), shall be at least sufficient to recover all operation and maintenance charges which the district is obligated to pay to the United States.
**(b) Modification of price** Whenever a district enters into a contract or requests that its contract be amended as specified in [section 390cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390cc&num=0&edition=prelim), and each year thereafter, the Secretary shall calculate such operation and maintenance charges and shall modify the price of irrigation water delivered under the contract as necessary to reflect any changes in such costs by amending the district’s contract accordingly.
**(c) Districts not operating from Federal funds** This section shall not apply to districts which operate and maintain project facilities and finance the operation and maintenance thereof from non-Federal funds.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390hh
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Generally** The provisions of this subchapter shall be applicable to any district which—
(1) enters into a contract with the Secretary subsequent to October 12, 1982;
(2) enters into any amendment of its contract with the Secretary subsequent to October 12, 1982, which enables the district to receive supplemental or additional benefits; or
(3) which amends its contract for the purpose of conforming to the provisions of this subchapter.
**(b) Amendment of existing contracts** Any district which has an existing contract with the Secretary as of October 12, 1982, which does not enter into an amendment of such contract as specified in subsection (a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by sections 209 through 230 of this title [[43 U.S.C. 390ii](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ii&num=0&edition=prelim)—390zz–1, 373a, 422e, 425b, 485h]. Within a district that does not enter into an amendment of its contract with the Secretary within four and one-half years of October 12, 1982, irrigation water may be delivered to lands leased in excess of a landholding of one hundred and sixty acres only if full cost, as defined in [section 390bb(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390bb/3/A&num=0&edition=prelim), is paid for such water as is assignable to those lands leased in excess of such landholding of one hundred and sixty acres: Provided, That the interest rate used in computing full cost under this subsection shall be the same as provided in [section 390ee(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee/a/3&num=0&edition=
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390cc
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Federal law — U.S. Code and appendices · legal_authorities
Neither the ownership limitations of this subchapter nor the ownership limitations of any other provision of Federal reclamation law shall apply to lands when the lands are acquired by involuntary foreclosure, or similar involuntary process of law, by bona fide conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), by inheritance, or by devise: Provided, That such lands were eligible to receive irrigation water prior to such transfer of title or the mortgaged lands became ineligible to receive water after the mortgage is recorded but before it is acquired by involuntary foreclosure or similar involuntary process of law or by bona fide conveyance in satisfaction of mortgage: Provided further, That if, after acquisition, such lands are not qualified under Federal reclamation law, including this subchapter, they shall be furnished temporarily with an irrigation water supply for a period not exceeding five years from the effective date of such an acquisition, delivery of irrigation water thereafter ceasing until the transfer thereof to a landowner qualified under such laws: Provided further, That the provisions of [section 390ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee&num=0&edition=prelim) shall be applicable separately to each acquisition under this section if the lands are otherwise subject to the provisions of [section 390ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390ee&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390pp
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Federal law — U.S. Code and appendices · legal_authorities
Page 121
TITLE 43—PUBLIC LANDS
§ 390gg
1 So in original. The comma probably should be a semicolon.
Pub. L. 97–293, which enacted sections 390ii through
390zz–1 of this title, amended sections 373a, 422e, 425b,
and 485h of this title, and repealed section 383 of Title
25, Indians.
§ 390dd. Limitation on ownership
Except as provided in section 390ii of this title,
irrigation water may not be delivered to—
(1) a qualified recipient for use in the irriga-
tion of lands owned by such qualified recipient
in excess of nine hundred and sixty acres of
class I lands or the equivalent thereof; or
(2) a limited recipient for the use in the irri-
gation of lands owned by such limited recipi-
ent in excess of six hundred and forty acres of
class I lands or the equivalent thereof;
whether situated in one or more districts.
(Pub. L. 97–293, title II, § 204, Oct. 12, 1982, 96
Stat. 1265.)
§ 390ee. Pricing
(a) Delivery of irrigation water at full cost
Notwithstanding any other provision of law,
any contract with a district entered into by the
Secretary as specified in section 390cc of this
title, shall provide for the delivery of irrigation
water at full cost as defined in section 390bb(3)
of this title to:
(1) a landholding in excess of nine hundred
and sixty acres of class I lands or the equiva-
lent thereof for a qualified recipient,1
(2) a landholding in excess of three hundred
and twenty acres of class I land or the equiva-
lent thereof for a limited recipient receiving
irrigation water on or before October 1, 1981;
and
(3) the entire landholding of a limited recipi-
ent not receiving irrigation water on or before
October 1, 1981: Provided, That the interest
rate used in computing full cost under this
paragraph shall be determined by the Sec-
retary o
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 390ee
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