---
kind: "section"
citation: "25 C.F.R. § 171.605"
title: "25"
number: "171.605"
heading: "Can I establish a Carriage Agreement with BIA?"
url: "https://uscodex.org/cfr/25/171.605"
---

# §171.605. Can I establish a Carriage Agreement with BIA?

- (a) We may agree in writing to carry third-party water through our facilities to your lands not served by our facilities if we have determined that our facilities have adequate capacity to do so.
- (b) If we determine that carrying water in accordance with [paragraph (a)](#a) of this section is jeopardizing our ability to provide irrigation service to the lands we are required to serve, we will terminate the Agreement.
- (c) We may enter into an agreement with a third party to provide service through their facilities to your isolated assessable lands.
- (d) You must pay us all administrative, operating, maintenance, and rehabilitation costs associated with any agreement established under this section before we will convey water.
- (e) We will notify you in writing no less than five days before terminating a Carriage Agreement established under this section.
- (f) We may terminate a Carriage Agreement without notice due to an urgency we have identified.

## Notes

### Authority

Authority: 25 U.S.C. 2; 25 U.S.C. 9; 25 U.S.C. 13; 25 U.S.C. 381; Act of April 4, 1910, 36 Stat. 270, as amended (codified at 25 U.S.C. 385); 25 U.S.C. 386a; Act of June 22, 1936, 49 Stat. 1803 (codified at 25 U.S.C. 389 et seq. ).

### Source

Source: 73 FR 11036, Feb. 29, 2008, unless otherwise noted.