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

# §390ee. Pricing

- (a) **Delivery of irrigation water at full cost—** Notwithstanding any other provision of law, any [contract](/usc/43/390bb.md?p=1) with a [district](/usc/43/390bb.md?p=2) entered into by the [Secretary](/usc/43/390bb.md?p=11) as specified in [section 390cc of this title](/usc/43/390cc.md), shall provide for the delivery of [irrigation water](/usc/43/390bb.md?p=5) at [full cost](/usc/43/390bb.md?p=3-A) as defined in [section 390bb(3) of this title](/usc/43/390bb.md?p=3) to:
  - (1) a [landholding](/usc/43/390bb.md?p=6) in excess of nine hundred and sixty acres of class I lands or the equivalent thereof for a [qualified recipient](/usc/43/390bb.md?p=9),[^1]
  - (2) a [landholding](/usc/43/390bb.md?p=6) in excess of three hundred and twenty acres of class I land or the equivalent thereof for a [limited recipient](/usc/43/390bb.md?p=7) receiving [irrigation water](/usc/43/390bb.md?p=5) on or before October 1, 1981; and
  - (3) the entire [landholding](/usc/43/390bb.md?p=6) of a [limited recipient](/usc/43/390bb.md?p=7) not receiving [irrigation water](/usc/43/390bb.md?p=5) on or before October 1, 1981: Provided, That the interest rate used in computing [full cost](/usc/43/390bb.md?p=3-A) under this paragraph shall be determined by the [Secretary](/usc/43/390bb.md?p=11) of the Treasury on the basis of the arithmetic average of—
    - (A) the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations which are neither due nor callable for redemption for fifteen years from the date of issuance; and
    - (B) the weighted average of market yields on all interest-bearing, marketable issues sold by the Treasury

    during the fiscal year preceding the fiscal year in which the expenditures are made, or October 12, 1982, for expenditures made before October 12, 1982.

- (b) **Delivery of irrigation water at prior terms and conditions—** Any [contract](/usc/43/390bb.md?p=1) with a [district](/usc/43/390bb.md?p=2) entered into by the [Secretary](/usc/43/390bb.md?p=11) as specified in [section 390cc of this title](/usc/43/390cc.md), shall provide for the delivery of [irrigation water](/usc/43/390bb.md?p=5) to lands not in excess of the [landholdings](/usc/43/390bb.md?p=6) described in [subsection (a)](#a) upon terms and conditions related to pricing established by the [Secretary](/usc/43/390bb.md?p=11) pursuant to Federal reclamation law in effect immediately prior to October 12, 1982, or, in the case of an amended [contract](/usc/43/390bb.md?p=1), upon the terms and conditions established by such [contract](/usc/43/390bb.md?p=1) prior to the date of its amendment. However, the portion of any price established under this subsection which relates to operation and maintenance charges shall be established pursuant to [section 390hh of this title](/usc/43/390hh.md).
- (c) **Delivery of irrigation water to lands under recordable contracts—** Notwithstanding any extension of time of any [recordable contract](/usc/43/390bb.md?p=10) as provided in [section 390ii(e) of this title](/usc/43/390ii.md?p=e), lands under [recordable contract](/usc/43/390bb.md?p=10) shall be eligible to receive [irrigation water](/usc/43/390bb.md?p=5) at less than [full cost](/usc/43/390bb.md?p=3-A) for a period not to exceed ten years from the date such [recordable contract](/usc/43/390bb.md?p=10) was executed by the [Secretary](/usc/43/390bb.md?p=11) in the case of [contracts](/usc/43/390bb.md?p=1) existing prior to October 12, 1982, or five years from the date such [recordable contract](/usc/43/390bb.md?p=10) was executed by the [Secretary](/usc/43/390bb.md?p=11) in the case of [contracts](/usc/43/390bb.md?p=1) entered into subsequent to October 12, 1982, or the time specified in [section 390rr of this title](/usc/43/390rr.md) for lands described in that section: Provided, That in no case shall the right to receive water at less than [full cost](/usc/43/390bb.md?p=3-A) under this subsection terminate sooner than eighteen months after the date on which the [Secretary](/usc/43/390bb.md?p=11) again commences the processing or the approval of the disposition of such lands.

## Footnotes

[^1]: So in original. The comma probably should be a semicolon.

## Source credit

(Pub. L. 97–293, title II, § 205, Oct. 12, 1982, 96 Stat. 1265.)

## Notes

### Editorial Notes

### References in Text

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