43 U.S.C. § 390A
Section 390a · Repealed. Pub. L. 105362, title IX, 901(e)(2), Nov. 10, 1998, 112 Stat. 3289
Amended 2 times on record
Applied in 6 court decisions — leading case 134 F. Supp. 2d 1111 - United States v. Westlands Water District (2001)
Most recently applied in Grant County Black Sands Irrigation District v. United States Bureau of Reclamation (September 2009)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No part of any appropriation shall be available for the initiation of construction under the terms of reclamation law of any dam or reservoir or water supply, or any tunnel, canal or conduit for water, or water distribution system related to such dam or reservoir until the Secretary shall certify to the Congress that an adequate soil survey and land classification has been made and that the lands to be irrigated are susceptible to the production of agricultural crops by means of irrigation or that the successful irrigability of those lands and their susceptibility to sustained production of agricultural crops by means of irrigation has been demonstrated in practice. Such surveys shall include an investigation of soil characteristics which might result in toxic or hazardous irrigation return flows.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, as amended, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
Codification
Section is from the Interior Department Appropriation Act, 1954.
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation act: July 9, 1952, ch. 597, title I, 66 Stat. 451.
Amendments
1986—Pub. L. 99–294 added sentence at end requiring that soil surveys include an investigation of soil characteristics which might result in toxic or hazardous irrigation return flow.
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.