43 USC 2212 - Availability of water on temporary basis

U.S Code last checked for updates: May 02, 2024

§ 2212.

Availability of water on temporary basis

(a)

General authority

(b)

Special provisions applicable to temporary water supplies provided under this section

(1)

Temporary supplies

(2)

Ownership and acreage limitations

(3)

Treatment under Reclamation Reform Act of 1982

(4)

Amendments of existing contracts

(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

(e)

Nonproject water

(f)

Reclamation Fund

(Pub. L. 102–250, title I, § 102, Mar. 5, 1992, 106 Stat. 54.)

cite as: 43 USC 2212