---
kind: "section"
citation: "43 C.F.R. § 428.9"
title: "43"
number: "428.9"
heading: "Farm operators who are former owners of excess land."
url: "https://uscodex.org/cfr/43/428.9"
---

# §428.9. Farm operators who are former owners of excess land.

- (a) Land held in trust or by a legal entity may not receive irrigation water if:
  - (1) You owned the land when the land was excess, whether or not under recordable contract;
  - (2) You sold or transferred the land at a price approved by Reclamation; and
  - (3) **You are the direct or indirect farm operator of that land.**
- (b) **This section does not apply if—**
  - (1) The formerly excess land becomes exempt from the acreage limitations of Federal reclamation law; or
  - (2) 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

### 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.