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43 U.S.C. § 390hh — Operation and maintenance charges

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

43 U.S.C. § 390hh — Operation and maintenance charges

**(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.

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Source location: Title 43, Chapter 12, § 390hh; 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. § 390cc — New or amended contracts

**(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=

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

43 U.S.C. § 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](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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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 390hh — Operation and maintenance charges

Page 122 TITLE 43—PUBLIC LANDS § 390hh (Pub. L. 97–293, title II, § 207, Oct. 12, 1982, 96 Stat. 1266.) § 390hh. Operation and maintenance charges (a) Price adequate to recover charges The price of irrigation water delivered by the Secretary pursuant to a contract or an amend- ment to a contract with a district, as specified in section 390cc of this title, shall be at least sufficient to recover all operation and mainte- nance 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 speci- fied in section 390cc of this title, 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 fi- nance the operation and maintenance thereof from non-Federal funds. (Pub. L. 97–293, title II, § 208, Oct. 12, 1982, 96 Stat. 1267.) § 390ii. Disposition of excess lands (a) Disposal of lands in excess of ownership limi- tations within reasonable time Irrigation water made available in the oper- ation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations im- posed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the d

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