[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR426.5]

[Page 604]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
      CHAPTER I--BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR
 
PART 426--ACREAGE LIMITATION RULES AND REGULATIONS (Eff. 1-1-98)--Table of Contents
 
Sec. 426.5  Ownership entitlement.

    (a) General. Except as provided in Secs. 426.12 and 426.14, all 
nonexempt land directly or indirectly owned by a landholder counts 
against that landholder's ownership entitlement. In addition, land owned 
or controlled by a public entity that is leased to another party counts 
against the lessee's ownership entitlement, as specified in Sec. 426.10.
    (b) Qualified recipient ownership entitlement. A qualified recipient 
is entitled to receive irrigation water on a maximum of 960 acres of 
owned nonexempt land, or the Class 1 equivalent thereof. This 
entitlement applies on a westwide basis.
    (c) Limited recipient ownership entitlement. A limited recipient is 
entitled to receive irrigation water on a maximum of 640 acres of owned 
nonexempt land, or the Class 1 equivalent thereof. This entitlement 
applies on a westwide basis.
    (d) Prior law recipient ownership entitlement. (1) Ownership 
entitlements for prior law recipients are determined by whether the 
recipient is one individual or a married couple, and for entities by the 
type of entity, as follows:
    (i) An individual subject to prior law is entitled to receive 
irrigation water on a maximum of 160 acres of owned nonexempt land;
    (ii) Married couples who hold equal interests are entitled to 
receive irrigation water on a maximum of 320 acres of jointly owned 
nonexempt land;
    (iii) Surviving spouses until remarriage are entitled to receive 
irrigation water on that land owned jointly in marriage up to a maximum 
of 320 acres of owned nonexempt land. If any of that land should be 
sold, the applicable ownership entitlement would be reduced accordingly, 
but not to less than 160 acres of owned nonexempt land;
    (iv) Children are each entitled to receive irrigation water on a 
maximum of 160 acres of owned nonexempt land, regardless of whether they 
are independent or dependent;
    (v) Joint tenancies and tenancies-in-common subject to prior law are 
entitled to receive irrigation water on a maximum of 160 acres of owned 
nonexempt land per tenant, provided each tenant holds an equal interest 
in the tenancy;
    (vi) Partnerships subject to prior law are entitled to receive 
irrigation water on a maximum of 160 acres of owned nonexempt land per 
partner if the partners have separable and equal interests in the 
partnership and the right to alienate that interest. Partnerships where 
each partner does not have a separable interest and the right to 
alienate that interest are entitled to receive irrigation water on a 
maximum of 160 acres of nonexempt land owned by the partnership; and
    (vii) All corporations subject to prior law are entitled to receive 
irrigation water on a maximum of 160 acres of owned nonexempt land.
    (2) Prior law recipient ownership entitlements specified in this 
section apply on a westwide basis unless the land was acquired by the 
current owner on or before December 6, 1979. For land acquired by the 
current owner on or before that date, prior law ownership entitlements 
apply on a district-by-district basis.
    (3) For those entities where an equal interest held by the part 
owners would result in a 160-acre per part owner entitlement for the 
entity, if the part owners interests are not equal then the entitlement 
of the entity will be determined by the relative interest held in the 
entity by each part owner.