43 USC 390hh – Operation and maintenance charges
(a) Price adequate to recover charges
The price of irrigation water delivered by the Secretary pursuant to a contract or an amendment to a contract with a district, as specified in section 390cc of this title, shall be at least sufficient to recover all operation and maintenance charges which the district is obligated to pay to the United States.
(b) Modification of price
Terms Used In 43 USC 390hh
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- contract: means any repayment or water service contract between the United States and a district providing for the payment of construction charges to the United States including normal operation, maintenance, and replacement costs pursuant to Federal reclamation law. See 43 USC 390bb
- district: means any individual or any legal entity established under State law which has entered into a contract or is eligible to contract with the Secretary for irrigation water. See 43 USC 390bb
- irrigation water: means water made available for agricultural purposes from the operation of reclamation project facilities pursuant to a contract with the Secretary. See 43 USC 390bb
- project: means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law, or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau of Reclamation for the reclamation of lands. See 43 USC 390bb
- Secretary: means the Secretary of the Interior. See 43 USC 390bb
Whenever a district enters into a contract or requests that its contract be amended as specified in section 390cc of this title, and each year thereafter, the Secretary shall calculate such operation and maintenance charges and shall modify the price of irrigation water delivered under the contract as necessary to reflect any changes in such costs by amending the district’s contract accordingly.
(c) Districts not operating from Federal funds
This section shall not apply to districts which operate and maintain project facilities and finance the operation and maintenance thereof from non-Federal funds.