§ 423d. Amendment of existing water right contracts by Secretary of the Interior

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1926

   Pub. L. 69–383 § 45 · 44 Stat. 636

   Enacted · 43 U.S.C. § 423d

   (May 25, 1926, ch. 383, § 45, 44 Stat. 648.)

   Source evidence

   Code source credit
   (May 25, 1926, ch. 383, § 45, 44 Stat. 648.)

   Enacted provision · exact public law section
   Sec. 45. The Secretary of the Interior is hereby authorized, in his discretion, to amend any existing water-right contract to the extent necessary to carry out the provisions of this Act, upon request Water users, associations, etc., to contract for paying charges on remaining productive lands. of the holder of such contract. The Secretary of the Interior, as a condition precedent to the amendment of any existing water-right contract, shall require the execution of a contract by a water-users’ association or irrigation district whereby such association or irrigation district shall be required to pay to the United States, without regard to default in the payment of charges against any individual farm unit or tract of irrigable land, the entire charges against all productive lands remaining in the project after the permanently unproductive lands shall have been eliminated and the charges against temporarily unproductive areas shall have been suspended in the manner and to the extent authorized and directed by this Act. The Secretary is authorized, in his discretion, upon request of Discretionary increase of time for paying construction charges, upon request of water users, etc. individual water users or districts, and upon performance of the condition precedent above set forth, to, amend any existing water-right contract to provide for increase in the time for payment of construction charges, which have not then accrued, to the extent that may be necessary under the conditions in each case, subject to Limitation. the limitation that there shall be allowed for repayment not more than forty years from the date the first payment matured under the original contract, and also to extend the time for payment of operation and maintenance or water rental charges due and unpaid for such period as in his judgment may be necessary not exceeding five years, the charges so extended to bear interest payable annually Interest on extended charges. at the rate of 6 per centum per annum until paid, and to contract for the payment of the construction charges then due and unpaid within such term of years as the Secretary may find to be necessary, with interest payable annually at the rate of 6 per centum per annum until paid. The Secretary is further authorized, in his discretion, to grant the Relief authorized for projects mentioned. Vol. 43, p. 701. relief provided for in section 4, Act of December 5, 1924 (Forty-third Statutes at Large, page 701), to any of the projects mentioned in this Act, without requiring such project to take over the care, operation, and maintenance of the project works. The decision of the Secretary as to the necessity for amending any Secretary’s decision on amending contracts conclusive. Provisos. Discretionary execution of contracts made in good faith to operate January 1, 1927. such contract shall be conclusive: Provided, That nothing in this Act shall prevent the execution of any contract heretofore negotiated or in connection with which negotiations have been heretofore opened in good faith or which may be hereafter opened in good faith under the Act approved December 5, 1924 (Forty-third Statutes at Large, page 701), and which shall lie executed on or before January 1, 1927, unless the water users affected elect to have the contract governed by this section: Provided further, That in Paying charges for 19 26, 1927, and 1928. the execution of any contract provided for in the last proviso, the Secretary of the Interior shall have authority to arrange for payment of construction charges by any project or division for the calendar years 1926, 1927, and 1928 in proportion to the state of development of the project in those years: Provided further, That the Secretary of the Interior is authorized to complete and execute the supplemental contract, now being negotiated and which has Belle Fourche district. Completion of supplemental contract as to, authorized. been approved as to form by the Secretary, between the United States and the Belle Fourche Irrigation District and at the expiration of said supplemental contract to enter into a permanent contract on behalf of the United States with said District in accordance with the terms of said supplemental contract.

1 of 1 references resolved to an enrolled provision