
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
