
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: 43USC523]

 
                         TITLE 43--PUBLIC LANDS
 
  CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
 
 SUBCHAPTER XIII--SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE 
              CAPACITY, AND WATER TRANSPORTATION FACILITIES
 
Sec. 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.

(Feb. 21, 1911, ch. 141, Sec. 1, 36 Stat. 925.)

                       References in Text

    The reclamation law, referred to in text, probably means act June 
17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the 
Reclamation Act, which is classified generally to this chapter. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 371 of this title and Tables.


                               Short Title

    The act of Feb. 21, 1911, which enacted sections 523 to 525 of this 
title, is popularly known as the ``Warren Act''.

                  Section Referred to in Other Sections

    This section is referred to in sections 524, 525, 526, 2245 of this 
title.
