Title 43 — Public Lands
Chapter 12 — Reclamation and Irrigation of Lands by Federal Government
§ 492. Operation and maintenance charges generally
Statutory text
In addition to the construction charge, every water-right applicant, entryman, or landowner under or upon a reclamation project shall also pay, whenever water service is available for the irrigation of his land, an operation and maintenance charge based upon the total cost of operation and maintenance of the project, or each separate unit thereof, and such charge shall be made for each acre-foot of water delivered; but each acre of irrigable land, whether irrigated or not, shall be charged with a minimum operation and maintenance charge based upon the charge for delivery of not less than one acre-foot of water. If the total amount of operation and maintenance charges and penalties collected for any one irrigation season on any project shall exceed the cost of operation and maintenance of the project during that irrigation season, the balance shall be applied to a reduction of the charge on the project for the next irrigation season, and any deficit incurred may likewise be added to the charge for the next irrigation season.
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.
Pub. L. 63–247 § 5 · 38 Stat. 686
Enacted · 43 U.S.C. § 492
(Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.)
Source evidence
Code source credit
(Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.)Enacted provision · exact public law section
Sec. 5. operation and maintenance. That in addition to the construction charge, every water-right Operation and maintenance. Bads of charges for. applicant, entryman, or landowner under or upon a reclamation project shall also pay, whenever water service is available for the irrigation of his land, an operation and maintenance charge based upon the total cost of operation and maintenance of the project, or each separate unit thereof, and such charge shall be made for each acre-foot of water delivered; but each acre of irrigable land, whether irrigated or not, shall be charged with a minimum operation and maintenance charge based upon the charge for delivery of not less Proviso. Transfer to local association or district. than one acre-foot of water: Provided, That, whenever any legally organized water users’ association or irrigation district shall so request, the Secretary of the Interior is hereby authorized, in his discretion, to transfer to such water users’ association or irrigation district the care, operation, and maintenance of all or any part of the project Reduction or increase of charges. works, subject to such rules and regulations as he may prescribe. If the total amount of operation and maintenance charges and penalties collected for any one irrigation season on any project shall exceed the cost of operation and maintenance of the project during that irrigation season, the balance shall be applied to a reduction of the charge on the project for the next irrigation season, and any deficit incurred may likewise be added to the charge for the next irrigation season.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section is comprised of part of first sentence and second sentence of section 5 of act . Remainder of first sentence of such section is classified to section 499 of this title.
Credits
(Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.)