---
kind: "section"
citation: "43 U.S.C. § 2402"
title: "43"
title_heading: "Public Lands"
number: "2402"
heading: "Rural water supply program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/2402"
units:
  - "Chapter 42 — Rural Water Supply"
  - "Subchapter I — Reclamation Rural Water Supply"
---

# §2402. Rural water supply program

- (a) **In general—** The [Secretary](/usc/43/2401.md?p=10), in cooperation with [non-Federal project entities](/usc/43/2401.md?p=5) and consistent with this subchapter, may carry out a rural water supply [program](/usc/43/2401.md?p=7) in [Reclamation States](/usc/43/2401.md?p=8) to—
  - (1) investigate and identify opportunities to ensure safe and adequate [rural water supply projects](/usc/43/2401.md?p=9-A) for domestic, municipal, and industrial use in small communities and rural areas of the [Reclamation States](/usc/43/2401.md?p=8);
  - (2) plan the design and [construction](/usc/43/2401.md?p=1), through the conduct of appraisal investigations and feasibility studies, of [rural water supply projects](/usc/43/2401.md?p=9-A) in [Reclamation States](/usc/43/2401.md?p=8); and
  - (3) oversee, as appropriate, the [construction](/usc/43/2401.md?p=1) of [rural water supply projects](/usc/43/2401.md?p=9-A) in [Reclamation States](/usc/43/2401.md?p=8) that are recommended by the [Secretary](/usc/43/2401.md?p=10) in a feasibility report developed pursuant to [section 2405 of this title](/usc/43/2405.md) and subsequently authorized by Congress.
- (b) **Non-Federal project entity—** Any activity carried out under this subchapter shall be carried out in cooperation with a qualifying [non-Federal project entity](/usc/43/2401.md?p=5), consistent with this subchapter.
- (c) **Eligibility criteria—** Not later than 1 year after December 22, 2006, the [Secretary](/usc/43/2401.md?p=10) shall, consistent with this subchapter, develop and publish in the Federal Register criteria for—
  - (1) determining the eligibility of a rural community for assistance under the [Program](/usc/43/2401.md?p=7); and
  - (2) prioritizing requests for assistance under the [Program](/usc/43/2401.md?p=7).
- (d) **Factors—** The criteria developed under [subsection (c)](#c) shall take into account such factors as whether—
  - (1) a [rural water supply project](/usc/43/2401.md?p=9-A)—
    - (A) serves—
      - (i) rural areas and small communities; or
      - (ii) [Indian tribes](/usc/43/2401.md?p=4); or
    - (B) promotes and applies a regional or watershed perspective to water resources management;
  - (2) there is an urgent and compelling need for a [rural water supply project](/usc/43/2401.md?p=9-A) that would—
    - (A) improve the health or aesthetic quality of water;
    - (B) result in continuous, measurable, and significant water quality benefits; or
    - (C) address current or future water supply needs;
  - (3) a [rural water supply project](/usc/43/2401.md?p=9-A) helps meet applicable requirements established by law; and
  - (4) a [rural water supply project](/usc/43/2401.md?p=9-A) is cost effective.
- (e) **Inclusions—** The [Secretary](/usc/43/2401.md?p=10) may include—
  - (1) to the extent that connection provides a reliable water supply, a connection to pre-existing infrastructure (including impoundments and conveyance channels) as part of a [rural water supply project](/usc/43/2401.md?p=9-A); and
  - (2) notwithstanding the limitation on population under [section 2401(9)(A) of this title](/usc/43/2401.md?p=9-A), a town or community with a population in excess of 50,000 inhabitants in an area served by a [rural water supply project](/usc/43/2401.md?p=9-A) if, at the discretion of the [Secretary](/usc/43/2401.md?p=10), the town or community is considered to be a critical partner in the rural supply project.

## Source credit

(Pub. L. 109–451, title I, § 103, Dec. 22, 2006, 120 Stat. 3347.)