---
kind: "range"
citation: "43 U.S.C. §§ 494–497"
title: "43"
from: "494"
to: "497"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/43/494..497"
---

# §494. Pecuniary penalty for nonpayment of operation charge


If any operation or maintenance charge is unpaid on the 1st day of the third calendar month after it became due a penalty of 1 per centum of the amount unpaid shall be added thereto, and thereafter an additional penalty of one-half of 1 per centum of the amount unpaid shall be added on the 1st day of each calendar month if such charge and penalties shall remain unpaid.


# §495. Shutting off water for nonpayment of operation 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 charge for operation and maintenance.


# §496. Cancellation of entry or water right for nonpayment of operation charge


If any water-right applicant or entryman shall be one year in arrears in the payment of any charge for operation and maintenance 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 arrears.


# §497. Action to recover operation charge and penalty


In the discretion of the [Secretary](/usc/43/31b.md?p=7) of the Interior suit or action may be brought for the amounts of operation or maintenance charges in default and penalties in like manner as provided in [section 481 of this title](/usc/43/481.md).