Title 43
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Title 43
Title 43
RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
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Title 43
339
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Definitions
Water right as appurtenant to land and extent of right
General authority of Secretary of the Interior
Commissioner of Reclamation; appointment
Law enforcement authority at Bureau of Reclamation facilities
Definitions
Grants and cooperative agreements with Indian tribes and organizations
Bureau of Reclamation site security
Partnerships, grants, and cooperative agreements with local joint powers authorities
Sale of lands acquired in connection with irrigation project
Sale of land improved at expense of reclamation fund
Sale under sections 374 and 375 of lands appraised at not exceeding $300
Disposal of tracts too small to be classed farm units
Sales of small tracts to resident farm owners and entrymen; price; terms; acreage purchasable
Issuance of patent for small tracts; reservations
Moneys from sale of small tracts covered into reclamation fund; credit
Rules and regulations
Return of land donations not needed
General expenses of Bureau of Reclamation chargeable to general reclamation fund
Limitation on use of funds where organizations or individuals are in arrears on contract charges
Availability of appropriations for Bureau of Reclamation
Purchase of scientific books, law books, etc.
Vested rights and State laws unaffected
Extension of time for payment of charges accrued prior to , and
Payments to school districts for education of dependents of construction personnel; cooperative arrangements; chargeable to project
Application of excess-land provisions of reclamation laws to certain lands
Removal of sand, gravel, etc.; leases, easements, etc.
Contracts for materials; liability of United States
Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy
Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation
Congressional declaration of purpose; short title
Development of water supplies for domestic, municipal, industrial, and other purposes
Definitions
Improving planning and administration of water supply storage
Leveraging Federal infrastructure for increased water supply
Water reservoirs; interests of States and local agencies in storage space
New or amended contracts
Dams and reservoirs wherein costs thereof, or rights thereto, have been acquired by local interests
Limitation on ownership
Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract
Pricing
Revision of leases or agreements to evidence conversion of rights to use of storage rights
Certification of compliance
Groundwater recharge of aquifers; demonstration program
Equivalency
Phase I of groundwater recharge demonstration program
Phase II of groundwater recharge demonstration program
Evaluation of water quality impacts
Authorization of appropriations to carry out phase I
Authorization of appropriations to carry out phase II
Matching basis for funding phase II from non-Federal sources
New spending authority
Interstate transfer of water from Arkansas
Aquifer recharge flexibility
Program to investigate reclamation and reuse of wastewater and groundwater; general authority
Operation and maintenance charges
Appraisal investigations
Feasibility studies
Research and demonstration projects
Southern California comprehensive water reclamation and reuse study
San Jose area water reclamation and reuse program
Phoenix metropolitan water reclamation study and program
Tucson area water reclamation study
Lake Cheraw water reclamation and reuse study
San Francisco area water reclamation study
San Diego area water reclamation program
Los Angeles area water reclamation and reuse project
San Gabriel basin demonstration project
North San Diego County Area Water Recycling Project
Calleguas Municipal Water District Recycling Project
Central Valley Water Recycling Project
St. George Area Water Recycling Project
Watsonville Area Water Recycling Project
Southern Nevada Water Recycling Project
Albuquerque Metropolitan Area Water Reclamation and Reuse Project
El Paso Water Reclamation and Reuse Project
Reclaimed water in Pasadena
Orange County Regional Water Reclamation Project
City of West Jordan Water Reuse Project
Hi-Desert Water District in Yucca Valley, California wastewater collection and reuse facility
Mission Basin Brackish Groundwater Desalting Demonstration Project
Treatment of effluent from sanitation districts of Los Angeles County through city of Long Beach
San Joaquin Area Water Recycling and Reuse Project
Tooele Wastewater Treatment and Reuse Project
Authorization of appropriations
Groundwater study
Authorization of appropriations
Willow Lake Natural Treatment System Project
Lakehaven, Washington, Water Reclamation and Reuse Project
Irvine basin groundwater and surface water improvement projects
Williamson County, Texas, water recycling and reuse project
Hawaii reclamation projects
Inland Empire regional water recycling project
Southern California desert region integrated water and economic sustainability plan
Mountain View, Moffett Area reclaimed water pipeline project
Pittsburg recycled water project
Antioch recycled water project
North Coast County Water District recycled water project
Redwood City recycled water project
South Santa Clara County recycled water project
South Bay advanced recycled water treatment facility
Rancho California Water District project, California
Elsinore Valley Municipal Water District projects, California
North Bay Water Reuse Program
Yucaipa Valley regional water supply renewal project
City of Corona Water Utility, California, water recycling and reuse project
Disposition of excess lands
Water conservation
Residency not required
Corps of Engineers projects
Repayment of construction charges
Trusts
Temporary supplies of water
Involuntary foreclosure
Isolated tracts
Central Arizona Project
Religious or charitable organizations
Contract required
Waiver of sovereign immunity
Excess crop restrictions
Administrative provisions
Validation of contracts entered into prior to
Leasing requirements
Reporting
Severability
Establishment of “reclamation fund”
Advances to reclamation fund
Increase in reclamation fund; reimbursement of advances from Treasury
Payments into reclamation fund of moneys received from entrymen and water right applicants
Payment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs
Proceeds from sale of materials, etc.
Proceeds from sale of products of or leases of withdrawn or reserved lands
Contributions by State, municipality, etc.
Return of contributions to cooperative investigations of projects
Advances by Government for completion of projects initiated prior to
Advances for operation and maintenance of projects
Sales of Government certificates to obtain funds for advances
Advances as item of cost of construction and maintenance of project
Amounts collected from defaulting contractors and their sureties
Reclamation Water Settlements Fund
Surveys for, location, and construction of irrigation works generally
Authorization of appropriations for investigations of feasibility of reclamation projects
Employment of engineers, geologists, appraisers and economists for reclamation consultation work; compensation; retired Army and Navy officers as consulting engineers
Prerequisites to initiation of project or division of project
Approval of project by President
Appropriation for projects essential
Receipts applicable to project generally
Laws applicable to withdrawn lands; restoration to entry
Reservation of easements in public lands for reclamation projects
Private lands within project; agreement as to disposal of excess over farm unit
Contract for irrigation project; notice as to lands irrigable, unit of entry, and construction charges
Use of earth, timber, etc., from other public lands
Acquisition of lands for irrigation project; eminent domain
Construction of distribution and drainage systems by irrigation districts or public agencies
Loans for construction of distribution and drainage systems; repayment contract; time period for repayment of loan; “irrigation district or other public agency” defined
Conditions of loan for distribution and drainage systems; reconveyance by Secretary of lands, interests in lands, and distribution works heretofore conveyed to the United States; conditions of reconveyance; rights of way
Effect on existing laws
Municipal and industrial water supply delivery and distribution; allocation of loan funds; loan repayment contract requirements; rate of interest
Existing loan contracts; negotiation by Secretary of amendments
Existing rights unaffected
Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title
Construction of dams across Yellowstone River
Declaration of purpose
Definitions
Proposals; submission; payment for cost of examination
Contents of proposals
Contract requirements
Proposals for projects previously authorized; waiver of requirements; approval; negotiation of contract
Information from Federal agencies; costs
Planning and construction; transfer of funds
Rules and regulations
Appropriations; notice to Congress of receipt of proposal; funds to initiate proposal; availability of appropriations; reimbursement; limitations on expenditures in any single State; waiver
Supplement to Federal reclamation laws; short title
Loan contracts for deferment of repayment installments; amendment or supplementation
Application of this subchapter to Hawaii
Permanently unproductive lands; exclusion from project; disposition of water right
Construction charges on permanently unproductive lands already paid; disposition
Suspension of payment of construction charges against areas temporarily unproductive
Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men
Amendment of existing water right contracts by Secretary of the Interior
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
Purpose of sections 423 to 423g and 610
Adjustment of water right charges as final adjudication on projects and divisions named
Delivery of water to excess lands upon death of spouse
Disposal of lands classified as temporarily or permanently unproductive; persons who may take
Sale of unproductive lands; terms; area purchasable; tracts included
Application of certain statutes to lands sold
Issuance of patents; recitals in patents; reservations
Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands
Authority of Secretary of the Interior; rules and regulations
Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status
Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price
Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations
Limitation as to amount of water; qualifications of applicant
Entry under homestead laws generally
Character and capital qualification of entrymen
Preference of needy families
Amount of land for which entry may be made; farm unit; subdivision of lands
Entries in excess of farm unit
Time when entry may be made generally
Lands as to which entries made prior to , have been relinquished
Cultivation requirement as to entrymen
Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements
Assignment of entries generally
Assignment between , and , confirmed
Limitation of amount of land holdable under assignment of entry
Right to make entry on relinquishment of former entry under land laws
Relinquishment of homestead entry and making new entry
Desert-land entries within reclamation project generally
Assignment of desert-land entry within project
Conditions necessary for exchange; terms; credits; rights nonassignable
Persons eligible for benefits
Irrigation construction charges
Cancellation of charges or liens; credits
Disposal of improvements; water rights; revertibility of relinquished land
Amendment of farm unit; application; amount of land; exchange; waiver
Exchanges subject to mortgage contracts
Preferences; veterans; timely applicants
Establishment of farm units; size; contiguous or noncontiguous
“Federal irrigation project” defined
Rules and regulations
Availability of appropriations; expenses as nonreimbursable
State taxation; lands of homestead entryman
State taxation; lands of desert-land entryman
State tax as lien upon lands; prior lien of United States; rights of holder of tax title
Extinguishment of liens and tax titles on reversion of lands to United States
Determination of construction charges generally
Classification of irrigable lands and equitable apportionment of charges
Increases of charges on failure to make water-right application
Charges for water service prior to notice of construction charge
Surveys to correct errors or inequalities in original basis of project
Withdrawal of notice given and modification of applications and contracts made prior to
Increase in construction charges
When work increasing construction charge may be undertaken
Initial payment and annual installments of charges generally
Installments on entries or applications made after , and prior to
Annual installments on entries and contracts prior to
Association or irrigation district as fiscal agent of Government
Pecuniary penalty for nonpayment of installments of construction charges
Shutting off water for nonpayment of construction charge
Cancellation of water right or entry for nonpayment of construction charge
Action to recover construction charges and penalties
Declaration of policy
Definitions
Amendment of existing repayment contracts
Deferment of installments under repayment contracts; determination of undue burden; conditions; supplemental contract; report to Congress
Time of payments to the United States
Maintenance and operation of project works; delinquency penalties
Negotiation of equitable contracts by Secretary
Classification of lands
New projects; sale of water and electric power; lease of power privileges
Administration of repayment contracts and long-term contracts to furnish water; renewal and conversion; credit for payments; right to available water supply; rates; construction component
Amendments to existing contracts
“Long-term contract” defined
Application of State laws
Supplement to Federal reclamation laws
Repayment contracts; amendment for provision, addition or modification of irrigation blocks
Amendment of repayment contract for payment of annual installments in two parts
Rules and regulations
Effect on existing laws
Short title
Authority of Secretary to operate works
Operation and maintenance charges generally
Operation charges; date of payment; discount; advance payment
Pecuniary penalty for nonpayment of operation charge
Shutting off water for nonpayment of operation charge
Cancellation of entry or water right for nonpayment of operation charge
Action to recover operation charge and penalty
Transfer of management and operation of works to water users generally
Discretionary power to transfer management
Transfer of title to movable property; use of appropriations
Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use
Duty of association or district to take over management
Disposition of profits of project taken over by water users
Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law
“Unusual or emergency conditions” defined
Rehabilitation and betterment of Federal reclamation projects, including small reclamation projects; return of costs; interest; definitions; performance of work
Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress
Definitions
Asset Management Report enhancements for reserved works
Asset Management Report enhancements for transferred works
Authority of Secretary to make modifications
Construction for dam safety
Costs incurred in the modification of structures
Authorization of appropriations; report to Congress
Project beneficiaries
Additional project benefits through the construction of new or supplementary works
Definitions
Guidelines and inspection of project facilities and technical assistance to transferred works operating entities
Extraordinary operation and maintenance work performed by the Secretary
Relationship to Twenty-First Century Water Works Act
Authorization of appropriations
Authority to contract with irrigation district
Release of Government liens after contract with irrigation districts
Lands in project subject to provisions of chapter; after contract with irrigation district
Sale of surplus waters generally
Lease of water power
Storage and transportation of water for irrigation districts, etc.
Cooperation with irrigation districts, etc., in construction of reservoirs and canals
Covering proceeds into reclamation fund
Credit of proceeds to particular project
When patent or final certificate issued
Reservation of lien for charges; enforcement of lien; redemption
Certificate of final payment and release of lien
Limitation as to holdings prior to final payment of charges; forfeiture of excess holding
Appointment of agents to receive payments; record of payments and amounts owing
Jurisdiction of district court for enforcement of this subchapter
Patent to desert-land entryman
Survey and subdivision of land for town sites; reservation for public purposes
Appraisal and sale of town lots
Disposal of town sites set apart prior to
Reappraisal of town lots for sale
Terms of sale of town lots; installments of price
Maintenance of public reservations and conveyance to municipality
Water rights for towns and cities; charges
Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites
Reservation of land for park, playground, or community center
Extension of section 569 to tract of land in Idaho
Conveyance of land to school district
Sale of unplatted portions of Government town sites; authorization
Disposition of net proceeds; fixing project construction charges
Expenses of appraisement and sale; rules and regulations
Boise project, Idaho; Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.
Flathead irrigation project, Montana
Construction, operation, and maintenance of Hungry Horse Dam
Construction of additional works for irrigation purposes
King Hill project, Idaho
Riverton project, Wyoming
Easements for Bull Lake Dam and Reservoir
Compensation for easements
Reservation of Indians’ right to use lands
Regulations
Salt River project, Arizona; sale of water power
Minidoka project, Idaho; sales of water from American Falls Reservoir
Arch Hurley Conservancy District project, New Mexico
Canadian River project, Texas
Nonreimbursable costs
Sanford Reservoir recreation facilities; allocation of water, reservoir capacity, or joint project costs of Canadian River project; municipal water use priorities; agreements for operation, maintenance, or additional development of project lands or facilities; disposal of project lands or facilities; nonreimbursable costs; cognizance of effect of fish and wildlife plan
Authorization of appropriations for public recreation facilities