§ 2211. — Assistance during drought; water purchases.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC2211]
TITLE 43--PUBLIC LANDS
CHAPTER 40--RECLAMATION STATES EMERGENCY DROUGHT RELIEF
SUBCHAPTER I--DROUGHT PROGRAM
Sec. 2211. Assistance during drought; water purchases
(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: 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.
(Pub. L. 102-250, title I, Sec. 101, Mar. 5, 1992, 106 Stat. 53.)
References in Text
The Bureau, referred to in heading for subsec. (c), probably means
the Bureau of Reclamation.
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, Sec. 103, Aug. 2, 2002, 116 Stat. 823,
provided that: ``Not later than 14 days after the date of enactment of
this Act [Aug. 2, 2002], the Secretary of Agriculture shall carry out
the transfer of funds under section 2507(a) of the Food Security and
Rural Investment Act of 2002 (Public Law 107-171) [set out below].''
Pub. L. 107-171, title II, Sec. 2507, May 13, 2002, 116 Stat. 275,
provided that:
``(a) In General.--Subject to subsection (b), as soon as practicable
after the date of enactment of this Act [May 13, 2002], the Secretary of
Agriculture shall transfer $200,000,000 of the funds of the Commodity
Credit Corporation to the Bureau of Reclamation Water and Related
Resources Account, which funds shall--
``(1) be used by the Secretary of the Interior, acting through
the Commissioner of Reclamation, to provide water to at-risk natural
desert terminal lakes; and
``(2) remain available until expended.
``(b) Limitation.--The funds described in subsection (a) shall not
be used to purchase or lease water rights.''
Section Referred to in Other Sections
This section is referred to in section 2212 of this title.
