§428.9. Farm operators who are former owners of excess land.
43 C.F.R. § 428.9
Land held in trust or by a legal entity may not receive irrigation water if:
You owned the land when the land was excess, whether or not under recordable contract;
You sold or transferred the land at a price approved by Reclamation; and
You are the direct or indirect farm operator of that land.
This section does not apply if—
The formerly excess land becomes exempt from the acreage limitations of Federal reclamation law; or
The full-cost rate is paid for any irrigation water delivered to your formerly excess land that is otherwise eligible to receive irrigation water. If you are a part owner of a legal entity that is the direct or indirect farm operator of the land in question, then the full-cost rate will apply to the proportional share of the land that reflects your interest in that legal entity.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 5 U.S.C. 553; 16 U.S.C. 590z-11; 31 U.S.C. 9701; 32 Stat. 388, as amended.
Source
Source: 65 FR 4324, Jan. 26, 2000, unless otherwise noted.