§ 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.