§ 423a. — Construction charges on permanently unproductive lands already paid; disposition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC423a]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER V--ADMINISTRATION OF EXISTING PROJECTS
Sec. 423a. Construction charges on permanently unproductive
lands already paid; disposition
The construction charges prior to May 25, 1926, paid on permanently
unproductive lands excluded from the project shall be applied as a
credit on charges due or to become due on any remaining irrigable land
covered by the same water-right contract or land taken in exchange as
provided in section 423c of this title. If the charges so paid exceed
the amount of all water-right charges due and unpaid, plus the
construction charges not yet due, the balance shall be paid in cash to
the holder of the water-right contract covering the land so excluded or
to the irrigation district affected; which in turn shall be charged with
the responsibility of making suitable adjustment with the landowners
involved. Should all the irrigable lands of a water-right applicant be
excluded from the project as permanently unproductive, and no exchange
be made as provided in said section, the total construction charges paid
before May 25, 1926, less any accrued charges on account of operation
and maintenance, shall be refunded in cash, the water-right contract
shall be canceled, and all liens on account of water-right charges shall
be released.
(May 25, 1926, ch. 383, Sec. 42, 44 Stat. 647.)
Section Referred to in Other Sections
This section is referred to in sections 423b, 423c, 423d, 423f, 424d
of this title.
