Page:United States Statutes at Large Volume 106 Part 1.djvu/86

 106 STAT. 54 PUBLIC LAW 102-250—MAR. 5, 1992 Contracts. 43 USC 2212. tract shall require recover of any costs, including interest if applicable, incurred by the Secretary in acquiring such water. (d) WATER BANKS.— In order to respond to a drought, the Secretary is authorized to participate in water banks established by a State. SEC. 102. AVAILABILITY OF WATER ON A TEMPORARY BASIS. (a) GENERAL AUTHORITY.—In order to mitigate losses and damages resulting from drought conditions, the Secretary may make available, by temporary contract, project and nonproject water, and may permit the use of facilities at Federal Reclamation projects for the storage or conveyance of project or nonproject water, for use both within and outside an authorized project service area. (b) SPECIAL PROVISIONS APPLICABLE TO TEMPORARY WATER SUP- PLIES PROVIDED UNDER THIS SECTION. — (1) TEMPORARY SUPPLIES.— Each temporary contract for the supply of water entered into piirsuant to this section shall terminate no later than two years from the date of execution or upon a determination by the Secretary that water supply conditions no longer warrant that such contracts remain in effect, whichever occurs first. The costs associated with any such contract shall be repaid within the term of the contract. (2) OWNERSHIP AND ACREAGE LIMITATIONS.— Lands not subject to Reclamation law that receive temporary irrigation water supplies under temporary contracts under this section shall not become subject to the ownership and acreage limitations or pricing provisions of Federal Reclamation law because of the delivery of such temporary water supplies. Lands that are subject to the ownership and acreage limitations of Federal Reclamation law shall not be exempted from those limitations because of the delivery of such temporary water supplies. (3) TREATMENT UNDER RECLAMATION REFORM ACT OF 1982. — No temporary contract entered into by the Secretary under this section shall be treated as a "contract" as that term is used in sections 203(a) and 220 of the Reclamation Reform Act of 1982 (Public Law 97-293). (4) AMENDMENTS OF EXISTING CONTRACTS. — Any amendment to an existing contract to allow a contractor to carry out the provisions of this title shall not be considered a new and supplemental benefit for purposes of the Reclamation Reform Act of 1982 (Public Law 97-293). (c) CONTRACT PRICE. —The price for project water, other than water purchased pursuant to section 101(c), delivered xinder a temporary contract entered into by the Secretary under this section shall be at least sufficient to recover all Federal operation and maintenance costs and administrative costs, and an appropriate share of capital costs, including interest on such capital costs allocated to municipal and industrial water, except that, for project water delivered to nonproject landholdings, the price shall include full cost (as defined in section 202(3) of the Reclamation Reform Act of 1982 (Public Law 97-293; 96 Stat. 1263; 43 U.S.C. 390bb)). For all contracts entered into by the Secretary under the authority of this title— (1) the interest rate used for computing interest during construction and interest on the unpaid balance of the capital costs expended pursuant to this Act shall be at a rate to be determined by the Secretary of the Treasury based on aver-

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