43 U.S.C. § 2903
Subject to the requirements of this chapter, the Secretary, without further authorization from Congress, may, on application of a qualifying entity, convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, if-
A conveyance under paragraph (1) shall be made by written agreement between the Secretary and the qualifying entity, developed in consultation with any existing water and power customers affected by the conveyance of the eligible facility.
The Secretary may reserve an easement over a conveyed property if-
No interests in water shall be conveyed under this chapter unless the conveyance is provided for in a separate, quantified agreement between the Secretary and the qualifying entity, subject to applicable State law and public process requirements.
43 U.S.C. § 2903
- Reclamation project
- The term "Reclamation project" means-(A) any reclamation or irrigation project, including incidental features of the project-(i) that is authorized by the reclamation laws;(ii) that is constructed by the United States pursuant to the reclamation laws; or(iii) in connection with which there is a repayment or water service contract executed by the United States pursuant to the reclamation laws; or(B) any project constructed by the Secretary for the reclamation of land.
- Secretary
- The term "Secretary" means the Secretary, acting through the Commissioner of Reclamation.
- conveyed property
- The term "conveyed property" means an eligible facility that has been conveyed to a qualifying entity under section 2903 of this title.
- eligible facility
- The term "eligible facility" means a facility that meets the criteria for potential transfer established under section 2904(a) of this title.
- qualifying entity
- The term "qualifying entity" means an agency of a State or political subdivision of a State, a joint action or powers agency, a water users association, or an Indian Tribe or Tribal utility authority that-(A) as of the date of conveyance under this chapter, is the current operator of the eligible facility pursuant to a contract with Reclamation; and(B) as determined by the Secretary, has the capacity to continue to manage the eligible facility for the same purposes for which the property has been managed under the reclamation laws.