§ 2212. — Availability of water on temporary basis.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC2212]
TITLE 43--PUBLIC LANDS
CHAPTER 40--RECLAMATION STATES EMERGENCY DROUGHT RELIEF
SUBCHAPTER I--DROUGHT PROGRAM
Sec. 2212. Availability of water on temporary basis
(a) General authority
In order to mitigate losses and damages resulting from drought
conditions, the Secretary may make available, by temporary contract,
project and nonproject water, and may permit the use of facilities at
Federal Reclamation projects for the storage or conveyance of project or
nonproject water, for use both within and outside an authorized project
service area.
(b) Special provisions applicable to temporary water supplies provided
under this section
(1) Temporary supplies
Each temporary contract for the supply of water entered into
pursuant to this section shall terminate no later than two years
from the date of execution or upon a determination by the Secretary
that water supply conditions no longer warrant that such contracts
remain in effect, whichever occurs first. The costs associated with
any such contract shall be repaid within the term of the contract.
(2) Ownership and acreage limitations
Lands not subject to Reclamation law that receive temporary
irrigation water supplies under temporary contracts under this
section shall not become subject to the ownership and acreage
limitations or pricing provisions of Federal Reclamation law because
of the delivery of such temporary water supplies. Lands that are
subject to the ownership and acreage limitations of Federal
Reclamation law shall not be exempted from those limitations because
of the delivery of such temporary water supplies.
(3) Treatment under Reclamation Reform Act of 1982
No temporary contract entered into by the Secretary under this
section shall be treated as a ``contract'' as that term is used in
sections 203(a) and 220 of the Reclamation Reform Act of 1982
(Public Law 97-293) [43 U.S.C. 390cc(a), 390tt].
(4) Amendments of existing contracts
Any amendment to an existing contract to allow a contractor to
carry out the provisions of this subchapter shall not be considered
a new and supplemental benefit for purposes of the Reclamation
Reform Act of 1982 (Public Law 97-293) [43 U.S.C. 390aa et seq.].
(c) Contract price
The price for project water, other than water purchased pursuant to
section 2211(c) of this title, delivered under a temporary contract
entered into by the Secretary under this section shall be at least
sufficient to recover all Federal operation and maintenance costs and
administrative costs, and an appropriate share of capital costs,
including interest on such capital costs allocated to municipal and
industrial water, except that, for project water delivered to nonproject
landholdings, the price shall include full cost (as defined in section
202(3) of the Reclamation Reform Act of 1982 (Public Law 97-293; 96
Stat. 1263; 43 U.S.C. 390bb) [43 U.S.C. 390bb(3)]). For all contracts
entered into by the Secretary under the authority of this subchapter--
(1) the interest rate used for computing interest during
construction and interest on the unpaid balance of the capital costs
expended pursuant to this chapter shall be at a rate to be
determined by the Secretary of the Treasury based on average market
yields on outstanding marketable obligations of the United States
with remaining periods to maturity of one year occurring during the
last month of the fiscal year preceding the date of execution of the
temporary contract; or
(2) in the case of existing facilities the rate as authorized
for that Federal Reclamation project; or
(3) in the absence of such authorized rate, the interest rate as
determined by the Secretary of the Treasury as of the beginning of
the fiscal year in which construction was initiated on the basis of
the computed average interest rate payable by the Treasury upon its
outstanding marketable public obligations which were neither due nor
callable for redemption for fifteen years from date of issue:
Provided, That for all deliveries of water for municipal and
industrial purposes from existing facilities to nonproject
contractors, the rate shall be as set forth in paragraph (1) of this
subsection.
(d) Fish and wildlife
The Secretary may make water from Federal Reclamation projects and
nonproject water available on a nonreimbursable basis for the purposes
of protecting or restoring fish and wildlife resources, including
mitigation losses, that occur as a result of drought conditions or the
operation of a Federal Reclamation project during drought conditions.
The Secretary may store and convey project and nonproject water for fish
and wildlife purposes, and may provide conveyance of any such water for
both State and Federal wildlife habitat and for habitat held in private
ownership. The Secretary may make available water for these purposes
outside the authorized project service area. Use of the Federal storage
and conveyance facilities for these purposes shall be on a
nonreimbursable basis. Water made available by the Secretary in 1991
from the Central Valley Project, California, to the Grasslands Water
District for the purpose of fish and wildlife shall be nonreimbursable.
(e) Nonproject water
The Secretary is authorized to store and convey nonproject water
utilizing Federal Reclamation project facilities for use outside and
inside the authorized project service area for municipal and industrial
uses, fish and wildlife, and agricultural uses. Except in the case of
water supplied for fish and wildlife, which shall be nonreimbursable,
the Secretary shall charge the recipients of such water for such use of
Federal Reclamation project facilities at a rate established pursuant to
subsection (c) of this section.
(f) Reclamation Fund
The payment of capital costs attributable to the sale of project or
nonproject water or the use of Federal Reclamation project facilities
shall be covered into the Reclamation Fund and be placed to the credit
of the project from which such water or use of such facilities is
supplied.
(Pub. L. 102-250, title I, Sec. 102, Mar. 5, 1992, 106 Stat. 54.)
References in Text
The Reclamation Reform Act of 1982, referred to in subsec. (b)(4),
is title II of Pub. L. 97-293, Oct. 12, 1982, 96 Stat. 1263, which
enacted subchapter I-A (Sec. 390aa et seq.) of chapter 12 of this title,
amended sections 373a, 422e, 425b, and 485h of this title, and repealed
section 383 of Title 25, Indians. For complete classification of this
Act to the Code, see Tables.
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.
Section Referred to in Other Sections
This section is referred to in section 2211 of this title.
