republic-os/legal/us/code/title-43/chapter-12/section-523.md

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LegalText	43 U.S.C. § 523	Storage and transportation of water for irrigation districts, etc.	us	united_states_code	code_section	43	PUBLIC LANDS	12	RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT	523	43 U.S.C. § 523	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip	/us/usc/t43/s523	data/legal/raw/us/code/title-43/usc43.xml	0f54712926677644c8757a14dc83bdb2deed062860dc4b45aaf694d230729bf6	d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f	179fb65117c4ca517035cc7228a0f94c08dd3ab766febd8d8638715107735652	2026-07-04	official	legal us-code

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

Text

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, § 1, 36 Stat. 925.)

Notes

Editorial Notes

References in TextThe reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, 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 TitleThe act of Feb. 21, 1911, which enacted sections 523 to 525 of this title, is popularly known as the “Warren Act”.