StacksVerified U.S. regulatory reference

43 CFR §428.9

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)Land held in trust or by a legal entity may not receive irrigation water if:
    1. (1)You owned the land when the land was excess, whether or not under recordable contract;
    2. (2)You sold or transferred the land at a price approved by Reclamation; and
    3. (3)You are the direct or indirect farm operator of that land.
  2. (b)This section does not apply if:
    1. (1)The formerly excess land becomes exempt from the acreage limitations of Federal reclamation law; or
    2. (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.