43 U.S.C. § 423h

Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in section 423e of this title , and those lands had theretofore been eligible to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 ( 32 Stat. 388 ), and Acts amendatory thereto) without execution of a recordable contract under section 423e of this title , the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the ownership of the surviving spouse: Provided , That in the event of the remarriage of the surviving spouse, such lands shall be governed by applicable law without regard to the provisions of this section.