1. U.S. Code
  2. title 43
  3. chapter 40
  4. subchapter I
  5. § 2212

Collapse to view only § 2212. Availability of water on temporary basis

§ 2211. Assistance during drought; water purchases
(a) Construction, management, and conservation
(b) Assistance to willing buyers and sellers
(c) Water purchases by Bureau
(d) Water banks
(Pub. L. 102–250, title I, § 101, Mar. 5, 1992, 106 Stat. 53.)

CITE AS: 43 USC 2211

§ 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

§ 2213. Loans

The Secretary of the Interior is authorized to make loans to water users for the purposes of undertaking construction, management, conservation activities, or the acquisition and transportation of water consistent with State law, that can be expected to have an effect in mitigating losses and damages, including those suffered by fish and wildlife, resulting from drought conditions. Such loans shall be made available under such terms and conditions as the Secretary deems appropriate: Provided, That the Secretary shall not approve any loan unless the applicant can demonstrate an ability to repay such loan within the term of the loan: Provided further, That for all loans approved by the Secretary under the authority of this section, the interest rate shall be the rate determined by the Secretary of the Treasury based on average market yields on outstanding marketable obligations of the United States with periods to maturity comparable to the repayment period of the loan. The repayment period for loans issued under this section shall not exceed fifteen years. The repayment period for such loans shall begin when the loan is executed. Sections 390cc(a) and 390tt of this title and sections 105 and 106 of Public Law 99–546 shall not apply to any contract to repay such loan. The Secretary shall notify the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives in writing of any loan which the Secretary intends to approve not less than thirty days prior to granting final approval.

(Pub. L. 102–250, title I, § 103, Mar. 5, 1992, 106 Stat. 55; Pub. L. 103–437, § 16(a)(6), Nov. 2, 1994, 108 Stat. 4594.)

CITE AS: 43 USC 2213

§ 2214. Applicable period of drought program
(a) In general
(b) Coordination with BPA
(c) Termination of authority
(Pub. L. 102–250, title I, § 104, Mar. 5, 1992, 106 Stat. 56; Pub. L. 106–566, title II, § 201(a), Dec. 23, 2000, 114 Stat. 2820; Pub. L. 109–234, title II, § 2306(a), June 15, 2006, 120 Stat. 456; Pub. L. 111–212, title I, § 404(a), July 29, 2010, 124 Stat. 2313; Pub. L. 113–76, div. D, title II, § 206, Jan. 17, 2014, 128 Stat. 164; Pub. L. 115–141, div. D, title II, § 203(a), Mar. 23, 2018, 132 Stat. 519; Pub. L. 116–260, div. D, title II, § 207(a), Dec. 27, 2020, 134 Stat. 1363; Pub. L. 117–103, div. D, title II, § 206(a), Mar. 15, 2022, 136 Stat. 221.)

CITE AS: 43 USC 2214

§ 2215. Assistance for drought-related planning in reclamation States
(a) In general
(b) Report
(Pub. L. 102–250, title I, § 105, as added Pub. L. 106–566, title II, § 201(b), Dec. 23, 2000, 114 Stat. 2820.)

CITE AS: 43 USC 2215