---
kind: "section"
citation: "43 U.S.C. § 522"
title: "43"
title_heading: "Public Lands"
number: "522"
heading: "Lease of water power"
release: "119-102"
url: "https://uscodex.org/usc/43/522"
units:
  - "Chapter 12 — Reclamation and Irrigation of Lands by Federal Government"
  - "Subchapter XIII — Sale or Lease of Surplus Waters, Water Power, Storage Capacity, and Water Transportation Facilities"
---

# §522. Lease of water power


Whenever a development of power is necessary for the irrigation of lands, under any project undertaken under the said reclamation Act, or an opportunity is afforded for the development of power under any such project, the [Secretary](/usc/43/31b.md?p=7) of the Interior is authorized to [lease](/usc/43/1331.md?p=c) for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the moneys derived from such [leases](/usc/43/1331.md?p=c) shall be covered into the reclamation [fund](/usc/43/1602.md?p=k) and be placed to the credit of the project from which such power is derived: Provided, That no [lease](/usc/43/1331.md?p=c) shall be made of such surplus power or power privileges as will impair the efficiency of the irrigation project: Provided further, That the [Secretary](/usc/43/31b.md?p=7) of the Interior is authorized, in his discretion, to make such a [lease](/usc/43/1331.md?p=c) in connection with Rio Grande project in Texas and New Mexico for a longer period not exceeding fifty years, with the approval of the water-users’ [association](/usc/43/31b.md?p=2) or [associations](/usc/43/31b.md?p=2) under any such project, organized in conformity with the rules and regulations prescribed by the [Secretary](/usc/43/31b.md?p=7) of the Interior in pursuance of [section 498 of this title](/usc/43/498.md).


## Source credit

(Apr. 16, 1906, ch. 1631, § 5, 34 Stat. 117; Feb. 24, 1911, ch. 155, 36 Stat. 930.)

## Notes

### Editorial Notes

### References in Text

The said reclamation Act, referred to in text, means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. See section 561 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.