---
kind: "section"
citation: "43 U.S.C. § 390cc"
title: "43"
title_heading: "Public Lands"
number: "390cc"
heading: "New or amended contracts"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/390cc"
units:
  - "Chapter 12 — Reclamation and Irrigation of Lands by Federal Government"
  - "Subchapter I–A — Reclamation Reform"
---

# §390cc. New or amended contracts

- (a) **Generally—** The provisions of this subchapter shall be applicable to any [district](/usc/43/390bb.md?p=2) which—
  - (1) enters into a [contract](/usc/43/390bb.md?p=1) with the [Secretary](/usc/43/390bb.md?p=11) subsequent to October 12, 1982;
  - (2) enters into any amendment of its [contract](/usc/43/390bb.md?p=1) with the [Secretary](/usc/43/390bb.md?p=11) subsequent to October 12, 1982, which enables the [district](/usc/43/390bb.md?p=2) to receive supplemental or additional benefits; or
  - (3) which amends its [contract](/usc/43/390bb.md?p=1) for the purpose of conforming to the provisions of this subchapter.
- (b) **Amendment of existing contracts—** Any [district](/usc/43/390bb.md?p=2) which has an existing [contract](/usc/43/390bb.md?p=1) with the [Secretary](/usc/43/390bb.md?p=11) as of October 12, 1982, which does not enter into an amendment of such [contract](/usc/43/390bb.md?p=1) as specified in [subsection (a)](#a) shall be subject to Federal reclamation law in effect immediately prior to October 12, 1982, as that law is amended or supplemented by sections [209](/usc/43/209.md) through 230 of this title [[43 U.S.C. 390ii](/usc/43/390ii.md)—390zz–1, 373a, 422e, 425b, 485h]. Within a [district](/usc/43/390bb.md?p=2) that does not enter into an amendment of its [contract](/usc/43/390bb.md?p=1) with the [Secretary](/usc/43/390bb.md?p=11) within four and one-half years of October 12, 1982, [irrigation water](/usc/43/390bb.md?p=5) may be delivered to lands leased in excess of a [landholding](/usc/43/390bb.md?p=6) of one hundred and sixty acres only if [full cost](/usc/43/390bb.md?p=3-A), as defined in [section 390bb(3)(A) of this title](/usc/43/390bb.md?p=3-A), is paid for such water as is assignable to those lands leased in excess of such [landholding](/usc/43/390bb.md?p=6) of one hundred and sixty acres: Provided, That the interest rate used in computing [full cost](/usc/43/390bb.md?p=3-A) under this subsection shall be the same as provided in [section 390ee(a)(3) of this title](/usc/43/390ee.md?p=a-3).
- (c) **Election by qualified or limited recipients in absence of amendment to contract—** In the absence of an amendment to a [contract](/usc/43/390bb.md?p=1), as specified in [subsection (a)](#a), a [qualified recipient](/usc/43/390bb.md?p=9) or [limited recipient](/usc/43/390bb.md?p=7) may elect to be subject to the provisions of this subchapter by executing an irrevocable election in a form approved by the [Secretary](/usc/43/390bb.md?p=11) to comply with this subchapter. The [district](/usc/43/390bb.md?p=2) shall thereupon deliver [irrigation water](/usc/43/390bb.md?p=5) to and collect from such recipient, for the credit of the United States, the additional charges required by this subchapter and assignable to the recipient making the election.
- (d) **Consent of non-Federal party—** Amendments to [contracts](/usc/43/390bb.md?p=1) which are not required by the provisions of this subchapter shall not be made without the consent of the non-Federal party.

## Source credit

(Pub. L. 97–293, title II, § 203, Oct. 12, 1982, 96 Stat. 1264.)

## Notes

### Editorial Notes

### References in Text

Federal reclamation law, referred to in subsec. (b), is defined in section 390aa of this title.

Sections 209 through 230 of this title, referred to in subsec. (b), are sections 209 through 230 of title II of Pub. L. 97–293, which enacted sections 390ii through 390zz–1 of this title, amended sections 373a, 422e, 425b, and 485h of this title, and repealed section 383 of Title 25, Indians.