43 U.S.C. § 523 : US Code - Section 523: Storage and transportation of water for irrigation districts, etc.

Search 43 U.S.C. § 523 : US Code - Section 523: Storage and transportation of water for irrigation districts, etc.

Whenever in carrying out the provisions of the reclamation law,
storage or carrying capacity has been or may be provided in excess
of the requirements of the lands to be irrigated under any project,
the Secretary of the Interior, preserving a first right to lands
and entrymen under the project, is authorized, upon such terms as
he may determine to be just and equitable, to contract for the
impounding, storage, and carriage of water to an extent not
exceeding such excess capacity with irrigation systems operating
under section 641 of this title, and individuals, corporations,
associations, and irrigation districts organized for or engaged in
furnishing or in distributing water for irrigation. Water so
impounded, stored, or carried under any such contract shall be for
the purpose of distribution to individual water users by the party
with whom the contract is made: Provided, however, That water so
impounded, stored, or carried shall not be used otherwise than as
prescribed by law as to lands held in private ownership within
Government reclamation projects. In fixing the charges under any
such contract for impounding, storing, or carrying water for any
irrigation system, corporation, association, district, or
individual, as herein provided, the Secretary shall take into
consideration the cost of construction and maintenance of the
reservoir by which such water is to be impounded or stored and the
canal by which it is to be carried, and such charges shall be just
and equitable as to water users under the Government project. No
irrigation system, district, association, corporation, or
individual so contracting shall make any charge for the storage,
carriage, or delivery of such water in excess of the charge paid to
the United States except to such extent as may be reasonably
necessary to cover cost of carriage and delivery of such water
through their works.