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43 U.S.C. §§ 477–481

5 sections in range

§477. Association or irrigation district as fiscal agent of Government

43 U.S.C. § 477

The Secretary of the Interior is authorized, in his discretion, to designate and appoint, under such rules and regulations as he may prescribe, the legally organized water-users’ association or irrigation district, under any reclamation project, as the fiscal agent of the United States to collect the annual payments on the construction charge of the project and the annual charges for operation and maintenance and all penalties: Provided, That no water-right applicant or entryman shall be entitled to credit for any payment thus made until the same shall have been paid over to an officer designated by the Secretary of the Interior to receive the same.
Notes, amendments, and revision history

(Aug. 13, 1914, ch. 247, § 7, 38 Stat. 688.)

§478. Pecuniary penalty for nonpayment of installments of construction charges

43 U.S.C. § 478

If any water-right applicant or entryman shall have, prior to December 5, 1924, failed to pay any installment of his construction charges when due, there shall be added to the amount unpaid a penalty of 1 per centum thereof, and there shall be added a like penalty of 1 per centum of the amount unpaid on the first day of each month thereafter so long as such default shall have continued: Provided, That the penalty of 1 per centum per month against delinquent accounts, is reduced to one-half of 1 per centum per month, as to all installments which may become due after December 5, 1924.
Notes, amendments, and revision history

(Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687; Dec. 5, 1924, ch. 4, § 4, subsec. H, 43 Stat. 703.)

Editorial Notes

Codification

Section consolidates first sentence of act Aug. 13, 1914, § 3, with act Dec. 5, 1924, § 4, subsec. H.

§479. Shutting off water for nonpayment of construction charge

43 U.S.C. § 479

No water shall be delivered to the lands of any water-right applicant or entryman who shall be in arrears for more than one calendar year for the payment of any annual construction charge and penalties.
Notes, amendments, and revision history

(Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.)

Editorial Notes

Codification

Section is comprised of part of first sentence of section 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to sections 493, 494, and 495 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, respectively.

§480. Cancellation of water right or entry for nonpayment of construction charge

43 U.S.C. § 480

If any water-right applicant or entryman shall be one year in default in the payment of any installment of the construction charges and penalties, or any part thereof, his water-right application, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the reclamation fund, but no homestead entry shall be subject to contest because of such default.
Notes, amendments, and revision history

(Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687.)

§481. Action to recover construction charges and penalties

43 U.S.C. § 481

If the Secretary of the Interior shall so elect, he may cause suit or action to be brought for the recovery of the amount of the construction charges in default and penalties; but if suit or action be brought, the right to declare a cancellation and forfeiture of the entry or water-right application as provided in section 480 of this title shall be suspended pending such suit or action.
Notes, amendments, and revision history

(Aug. 13, 1914, ch. 247, § 3, 38 Stat. 687.)