---
kind: "range"
citation: "43 U.S.C. §§ 478–481"
title: "43"
from: "478"
to: "481"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/43/478..481"
---

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


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.


# §479. Shutting off water for nonpayment of construction charge


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.


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


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](/usc/43/1602.md?p=k), but no homestead entry shall be subject to contest because of such default.


# §481. Action to recover construction charges and penalties


If the [Secretary](/usc/43/31b.md?p=7) 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](/usc/43/480.md) shall be suspended pending such suit or action.