FACT SHEET 2

August 1998

HOW TO DETERMINE 

YOUR STATUS UNDER 

 RECLAMATION LAW

Reclamation Reform Act of 1982 (RRA) 

Page 1 of 4

The RRA and the Acreage Limitation Rules and Regulations (43 CFR part 426) place limitations on 

the amount of owned land a landholder (direct or indirect landowner or lessee) is able to irrigate with

water from Bureau of Reclamation (Reclamation) projects and establish the appropriate water rate to

be charged for Reclamation irrigation water. Acreage limitations and water rates are based on a

landholder's status under Federal reclamation law. The following will help you determine your 

acreage limitation status and refer you to other RRA Fact Sheets that provide the acreage limitation

entitlements for each type of recipient and explain which RRA form(s) you must file in order to be

eligible to receive Reclamation irrigation water.

 This Fact Sheet does not apply to public entities, religious or charitable organizations,

trusts, or estates. Such entities and organizations should contact their district or local

Reclamation office for more information. 

 This Fact Sheet does not apply to nonresident aliens and foreign entities (entities not

established under State or Federal law). Application of the acreage limitation provisions to

nonresident aliens and foreign entities is addressed under section 426.8 of the Acreage

Limitation Rules and Regulations and is dependent on factors and criteria that are not

applicable to any other landholder. Nonresident aliens and foreign entities should review

section 426.8 or contact their district or local Reclamation office for more information.

Qualified Recipient: An individual who is a citizen or resident alien of the United States or any legal

entity established under State or Federal law that benefits 25 natural persons or less. In either case, 

a landholder is considered to be a qualified recipient if he/she/it (a) directly owns or leases land within 

a district that is subject to the discretionary provisions, except for nonresident aliens and foreign

entities, or (b) has made an irrevocable election to conform to the discretionary provisions. A married

couple may become a qualified recipient if either spouse is a United States citizen or resident alien.

Limited Recipient: Any legal entity established under State or Federal law benefitting more than 

25 natural persons. Such a legal entity is considered to be a limited recipient if it (a) directly owns or

leases land within a district that is subject to the discretionary provisions, except for foreign entities,

or (b) has made an irrevocable election to conform to the discretionary provisions.

Prior Law Recipient: An individual or legal entity that (a) has no directly owned or leased land within

a district that is subject to the discretionary provisions of the RRA, and (b) has not made an 

irrevocable election to conform to the discretionary provisions.
FACT SHEET 2

Page 2 of 4

 An individual or legal entity that only owns or leases land indirectly through a legal entity

subject to the discretionary provisions may choose to remain a prior law recipient or may take

action to conform to the discretionary provisions. Actions to conform to the discretionary

provisions include submitting an irrevocable election and, if the land is located in a 

discretionary provisions district, submitting a certification form.

 Although a prior law recipient may become a qualified recipient or a limited recipient,

neither a qualified recipient nor a limited recipient may revert to prior law recipient

status.

If you are still not sure of your status, the following three sections will help you make a determination. 

Use SECTION 1 of this Fact Sheet if you are an individual or a single family (husband, wife, and

dependents) who directly owns or leases land. Use SECTION 2 of this Fact Sheet if you represent a

legal entity (partnership, corporation, joint tenancy, tenancy-in-common, etc.) that directly owns or

leases land. Use SECTION 3 of this Fact Sheet if you are an individual, single family (husband, wife,

and dependents), or legal entity that owns or leases land indirectly through an entity (for example, as

stockholders or partners) and have no direct landholdings. If, after reviewing this Fact Sheet, you are

still not sure how you or your entity should be classified or have other questions concerning your

acreage limitation status, contact your district or local Reclamation office.

SECTION 1.

INDIVIDUALS AND SINGLE FAMILIES (husband, wife, dependents)

WHO DIRECTLY OWN OR LEASE LAND

1. Is the district in which you directly own or lease land 

subject to the discretionary provisions of the RRA? If you YES NO

are not sure about the answer to this question, contact your 

district or local Reclamation office.

2. Have you made an irrevocable election to conform to

the discretionary provisions of the RRA? If you are not YES NO

sure about the answer to this question, contact your district

or local Reclamation office.

3. Is either you or your spouse a citizen of the United States YES NO

or a resident alien?

If your answers to questions 1 and 3 are YES, you are a QUALIFIED RECIPIENT, regardless of your

answer to question 2. 

If your answer to question 2 is YES and your irrevocable election has been approved, you are a

QUALIFIED RECIPIENT, regardless of your answers to questions 1 or 3. If your irrevocable election

has not been approved or disapproved, contact your district.

If your answer to question 1 is YES, but your answers to questions 2 and 3 are NO, or your answers 

to questions 1 and 2 are NO, regardless of your answer to question 3, you are a PRIOR LAW

RECIPIENT. 
FACT SHEET 2

Page 3 of 4

SECTION 2.

LEGAL ENTITIES ESTABLISHED UNDER STATE OR FEDERAL LAW

THAT DIRECTLY OWN OR LEASE LAND

1. Is any district in which the entity directly owns or leases 

land subject to the discretionary provisions of the RRA? YES NO 

If you are not sure about the answer to this question, 

contact your district or local Reclamation office.

2. Has the entity made an irrevocable election to

conform to the discretionary provisions? If you are YES NO

not sure about the answer to this question, contact

your district or local Reclamation office.

For entities that are owned by or benefit MORE than 25 natural persons: 

If your answer to question 1 is YES, your entity is a LIMITED RECIPIENT, regardless of 

your answer to question 2. 

If your answer to question 2 is YES and your irrevocable election has been approved, your

entity is a LIMITED RECIPIENT, regardless of your answer to question 1. If the entityís

irrevocable election has not been approved or disapproved, contact your district.

If your answers to questions 1 and 2 are NO, your entity is a PRIOR LAW RECIPIENT.

For entities that are owned by or benefit 25 OR FEWER natural persons:

If your answer to question 1 is YES, your entity is a QUALIFIED RECIPIENT, regardless of 

your answer to question 2. 

If your answer to question 2 is YES and your irrevocable election has been approved, your

entity is a QUALIFIED RECIPIENT, regardless of your answer to question 1. If the entityís

irrevocable election has not been approved or disapproved, contact your district.

If your answers to questions 1 and 2 are NO, your entity is a PRIOR LAW RECIPIENT. 

 WHOLLY OWNED SUBSIDIARIES ONLY: If your answer to question 1 is YES and your

parent entity is NOT established under State or Federal law, regardless of your answer to

question 2, contact your local Reclamation office.
FACT SHEET 2

Mission of the Bureau of Reclamation: To manage, develop, and protect water and related resources in an environmentally and economically

sound manner in the interest of the American public.

The Department of the Interior has established a 24-hour toll-free telephone number (1-800-424-5081) for anyone wishing to report suspected

violations of the Reclamation Reform Act of 1982 (RRA). Anyone reporting suspected violations will be protected under Federal privacy laws.

Distributed by the Bureau of Reclamation, United States Department of the Interior.

Page 4 of 4

SECTION 3.

INDIVIDUALS, SINGLE FAMILIES (husband, wife, dependents), AND LEGAL ENTITIES

ESTABLISHED UNDER STATE OR FEDERAL LAW THAT 

OWN OR LEASE LAND INDIRECTLY THROUGH AN ENTITY

AND HAVE NO DIRECT LANDHOLDINGS

The key question is: Has an irrevocable election to conform to the discretionary provisions been

approved for the individual, single family, or legal entity that has no direct landholdings? 

If the answer to this question is YES, and you are an individual or single family, you are a

QUALIFIED RECIPIENT. For legal entities that are owned by or benefit 25 or fewer natural 

persons, the entity is a QUALIFIED RECIPIENT. If the legal entity is owned by or benefits more 

than 25 natural persons, the entity is a LIMITED RECIPIENT. 

If the individual, single family, or legal entity has not made an irrevocable election, the landholder 

is a PRIOR LAW RECIPIENT. The only exception is if the individual (or the husband or wife) is a

United States citizen or resident alien or the legal entity is established under State or Federal law, 

and the landholder only holds land indirectly in a district that has conformed to the discretionary

provisions. In such cases, if the landholder has submitted a CERTIFICATION FORM (blue text) to 

the district that is subject to the discretionary provisions, they are either a QUALIFIED RECIPIENT

or a LIMITED RECIPIENT as outlined above. 

NEED MORE INFORMATION?

For questions about: See Fact Sheet:

Acreage limitation entitlements for:

 Qualified Recipients

 Limited Recipients

 Prior Law Recipients

4

6

8

What RRA form(s) should be filed by a:

 Qualified Recipient

 Limited Recipient

 Prior Law Recipient

5

7

9

How to become a qualified or limited recipient, including

irrevocable elections 3

Trusts and estates 12