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United States · Bill · S

S. 1867 (97th)

A bill to amend and supplement the acreage limitation and residency provisions of the Federal reclamation law, as amended and supplemented, and for other purposes.

passedUnited States· United States Congress· EN

Introduced

18 November 1981

Last action

Status

Passed Senate with amendments by Voice Vote.

Sponsors

Subjects

Discovery layer

Source updated

24 March 2026

Summary

Title I: Reclamation Reform - Directs that irrigation water from reclamation project facilities not be withheld from delivery to project lands because owners, lessees, or operators live on or near such lands. Requires the Secretary of the Interior, whenever an acreage limitation is imposed by Federal reclamation laws and upon the request of a contracting entity, to designate lands under the applicable limitation within a district having class I productive potential. Requires owners of excess lands to execute a recordable contract with the Secretary for the disposal of such lands before irrigation water may be made available to them. Exempts Federal water resources projects constructed by the Army Corps of Engineers from acreage limitation requirements or other provisions of reclamation laws, unless specifically made applicable by statute or pursuant to the authority of the Secretary. Provides that lands which are leased shall not be subject to the application of acreage limitation provisions of Federal reclamation laws. Exempts from limitations and restrictions of reclamation laws: (1) any district which has repaid the construction costs of water project facilities; (2) bona fide religious or charitable organizations using the agricultural produce for charitable purposes; (3) lands held by a trustee in a fiduciary capacity for beneficiaries whose interest in such lands is within limits imposed by reclamation laws; (4) lands which receive a temporary supply of water; (5) lands acquired by involuntary foreclosure, bona fide conveyance in satisfaction of mortgage, inheritance, or devise, which are eligible for a temporary supply of water not exceeding five years; (6) isolated tracts which are economically farmable only if included in a larger farming operation; and (7) lands served with a temporary supply of water under contracts permitting later use of such water for municipal or industrial purposes. Requires payment contracts for the use of irrigation water temporarily made available from reclamation facilities in excess of ordinary quantities not otherwise storable for project purposes or not otherwise available without such facilities. Provides for the validation of any contract provision between the Secretary and any party pursuant to matters arising under reclamation laws and of written representations of acreage limitations at the request of any non-Federal party to such an agreement, provided Congress does not disapprove such validation by joint resolution. Vests exclusive jurisdiction in the United States district court for the district in which a project facility is located for injunctive relief sought under contracts between any non-Federal party and the Secretary relative to water service. Authorizes appropriations. Title II: Optional Expanded Ownership - Authorizes the amendment of water contracts between the Secretary and any non-Federal party to conform to provisions of this Act. Limits the delivery of water for irrigation purposes to 3,200 acres of class I lands, provided that not more than 1,600 acres of such land may be owned by the qualified recipient. Allows the delivery of water in excess of such acreage upon payment by recipients of the full cost of such excess water. Title III: Leasing Requirements - Prohibits the leasing of lands which receive irrigation water unless the lease instrument is written and for a term not in excess of ten years. Directs that the Secretary be provided with a certificate signed by the lessee which includes a legal description of the land, the lease term, and certification of the reasonableness of the rent. Grants any lease in effect on November 18, 1981, ten years after enactment of this Act to comply with its provisions.

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Documents

3 official files

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