§ 390e. — Rights, acquisition and availability of; obligation for operation and maintenance; costs for reconstruction, rehabilitation, or replacement; use during Government operation or by contract.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC390e]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 390e. Rights, acquisition and availability of; obligation
for operation and maintenance; costs for reconstruction,
rehabilitation, or replacement; use during Government operation
or by contract
The right thus acquired by any such local interest is declared to be
available to the local interest so long as the space designated for that
purpose may be physically available, taking into account such equitable
reallocation of reservoir storage capacities among the purposes served
by the project as may be necessary due to sedimentation, and not limited
to the term of years which may be prescribed in any lease agreement or
other agreement with the Government, but the enjoyment of such right
will remain subject to performance of its obligations prescribed in such
lease agreement or agreement executed in reference thereto. Such
obligations will include continued payment of annual operation and
maintenance costs allocated to water supply. In addition, local
interests shall bear the costs allocated to the water supply of any
necessary reconstruction, rehabilitation, or replacement of project
features which may be required to continue satisfactory operation of the
project. Any affected local interest may utilize such facility so long
as it is operated by the Government. In the event that the Government
concludes that it can no longer usefully and economically maintain and
operate such facility, the responsible department or agency of the
Government is authorized to negotiate a contract with the affected local
interest under which the local interest may continue to operate such
part of the facility as is necessary for utilization of the storage
space allocated to it, under terms which will protect the public
interest and provided that the Government is effectively absolved from
all liability in connection with such operation.
(Pub. L. 88-140, Sec. 3, Oct. 16, 1963, 77 Stat. 249.)
Section Referred to in Other Sections
This section is referred to in sections 390d, 390f of this title.
