§ 423. — Permanently unproductive lands; exclusion from project; disposition of water right.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC423]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER V--ADMINISTRATION OF EXISTING PROJECTS
Sec. 423. Permanently unproductive lands; exclusion from
project; disposition of water right
All lands found by the classification made under the supervision of
the Board of Survey and Adjustments (House Document 201, 69th Congress,
1st Session, checked and modified as outlined in General Recommendations
numbered 2 and 4, Page 60 of said document), to be permanently
unproductive shall be excluded from the project and no water shall be
delivered to them after the date of such exclusion unless and until they
are restored to the project. Except as herein otherwise provided, the
water right formerly appurtenant to such permanently unproductive lands
shall be disposed of by the United States under the reclamation law:
Provided, That the water users on the projects shall have a preference
right to the use of the water: And provided further, That any surplus
water temporarily available may be furnished upon a rental basis for use
on lands excluded from the project under this section, on terms and
conditions to be approved by the Secretary of the Interior.
(May 25, 1926, ch. 383, Secs. 40, 41, 44 Stat. 647.)
Sections 423 to 423g and 610 Unaffected by Sections 451 to 451k of This
Title
Section 10 of act Aug. 13, 1953, ch. 428, 67 Stat. 568, provided in
part that: ``Nothing contained in this Act [enacting sections 451 to
451k of this title] shall be held to repeal, supersede, or supplement
the provisions for exchange and matters related thereto contained in the
Act of May 25, 1926 (44 Stat. 636), as amended and supplemented
[sections 423 to 423g and 610 of this title].''
Section Referred to in Other Sections
This section is referred to in sections 423b, 423d, 423f, 424, 424b,
424c, 424d of this title.
