428.9 Farm operators who are former owners of excess land.§ 428.9 Farm operators who are former owners of excess land.
(a) Land held in trust or by a legal entity may not receive irrigation water if:
(1) You owned the land when the land was excess, whether or not under recordable contract;
(2) You sold or transferred the land at a price approved by Reclamation; and
(3) You are the direct or indirect farm operator of that land.
(b) This section does not apply if:
(1) The formerly excess land becomes exempt from the acreage limitations of Federal reclamation law; or
(2) The full-cost rate is paid for any irrigation water delivered to your formerly excess land that is otherwise eligible to receive irrigation water. If you are a part owner of a legal entity that is the direct or indirect farm operator of the land in question, then the full-cost rate will apply to the proportional share of the land that reflects your interest in that legal entity.