§ 390. — Utilization of dams and reservoir projects for irrigation purposes; additional construction; necessity of authorization; apportionment of cost; limitation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 390. Utilization of dams and reservoir projects for
irrigation purposes; additional construction; necessity of
authorization; apportionment of cost; limitation
On and after December 22, 1944, whenever the Secretary of the Army
determines, upon recommendation by the Secretary of the Interior that
any dam and reservoir project operated under the direction of the
Secretary of the Army may be utilized for irrigation purposes, the
Secretary of the Interior is authorized to construct, operate, and
maintain, under the provisions of the Federal reclamation laws (Act of
June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or
supplementary thereto), such additional works in connection therewith as
he may deem necessary for irrigation purposes. Such irrigation works may
be undertaken only after a report and findings thereon have been made by
the Secretary of the Interior as provided in said Federal reclamation
laws and after subsequent specific authorization of the Congress by an
authorization Act; and, within the limits of the water users' repayment
ability such report may be predicated on the allocation to irrigation of
an appropriate portion of the cost of structures and facilities used for
irrigation and other purposes. Dams and reservoirs operated under the
direction of the Secretary of the Army may be utilized after December
22, 1944, for irrigation purposes only in conformity with the provisions
of this section, but the foregoing requirement shall not prejudice
lawful uses now existing: Provided, That this section shall not apply to
any dam or reservoir heretofore constructed in whole or in part by the
Army engineers, which provides conservation storage of water for
irrigation purposes. In the case of any reservoir project constructed
and operated by the Corps of Engineers, the Secretary of the Army is
authorized to allocate water which was allocated in the project purpose
for municipal and industrial water supply and which is not under
contract for delivery, for such periods as he may deem reasonable, for
the interim use for irrigation purposes of such storage until such
storage is required for municipal and industrial water supply. No
contracts for the interim use of such storage shall be entered into
which would significantly affect then-existing uses of such storage.
(Dec. 22, 1944, ch. 665, Sec. 8, 58 Stat. 891; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX, Sec. 931,
Nov. 17, 1986, 100 Stat. 4196.)
References in Text
Act of June 17, 1902, referred to in text, is popularly known as the
Reclamation Act, which is classified generally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 371 of this title and Tables.
Amendments
1986--Pub. L. 99-662 inserted at end ``In the case of any reservoir
project constructed and operated by the Corps of Engineers, the
Secretary of the Army is authorized to allocate water which was
allocated in the project purpose for municipal and industrial water
supply and which is not under contract for delivery, for such periods as
he may deem reasonable, for the interim use for irrigation purposes of
such storage until such storage is required for municipal and industrial
water supply. No contracts for the interim use of such storage shall be
entered into which would significantly affect then-existing uses of such
storage.''
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Transfer of Functions
For transfer of certain real property and functions relating to real
property, insofar as they pertain to Air Force, from Secretary of the
Army and Department of the Army to Secretary of the Air Force and
Department of the Air Force, see Secretary of Defense Transfer Order
Nos. 14, eff. July 1, 1948, and 40 [App. B(133)], July 22, 1949.
Extension of Variable Payment Plan
Authority of Secretary to extend benefits of variable payment plan
to organizations with which he contracts or has contracted for the
repayment of construction costs allocated to irrigation on any project
undertaken by the United States, including contracts for the storage of
water or for the use of stored water under this section, see section 2
of Pub. L. 85-611, Aug. 8, 1958, 72 Stat. 542, set out as a note under
section 485h of this title.
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Section Referred to in Other Sections
This section is referred to in section 390b of this title.
