§ 423d. — Amendment of existing water right contracts by Secretary of the Interior.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC423d]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER V--ADMINISTRATION OF EXISTING PROJECTS
Sec. 423d. Amendment of existing water right contracts by
Secretary of the Interior
The Secretary of the Interior is authorized, in his discretion, to
amend any existing water-right contract to the extent necessary to carry
out the provisions of sections 423 to 423g and 610 of this title, upon
request of the holder of such contract. The Secretary of the Interior,
as a condition precedent to the amendment of any existing water-right
contract, shall require the execution of a contract by a water-users'
association or irrigation district whereby such association or
irrigation district shall be required to pay to the United States,
without regard to default in the payment of charges against any
individual farm unit or tract of irrigable land, the entire charges
against all productive lands remaining in the project after the
permanently unproductive lands shall have been eliminated and the
charges against temporarily unproductive areas shall have been suspended
in the manner and to the extent authorized and directed by sections 423
to 423g and 610 of this title.
The Secretary is authorized, in his discretion, upon request of
individual water users or districts, and upon performance of the
condition precedent above set forth, to amend any existing water-right
contract to provide for increase in the time for payment of construction
charges, which have not been accrued, to the extent that may be
necessary under the conditions in each case, subject to the limitation
that there shall be allowed for repayment not more than forty years from
the date the first payment matured under the original contract, and also
to extend the time for payment of operation and maintenance or water-
rental charges due and unpaid for such period as in his judgment may be
necessary not exceeding five years, the charges so extended to bear
interest payable annually at the rate of 6 per centum per annum until
paid, and to contract for the payment of the construction charges then
due and unpaid within such term of years as the Secretary may find to be
necessary, with interest payable annually at the rate of 6 per centum
per annum until paid.
The Secretary of the Interior is authorized to complete and execute
the supplemental contract, being negotiated on May 25, 1926, and which
had, on that date, been approved as to form by the Secretary, between
the United States and the Belle Fourche Irrigation District and at the
expiration of said supplemental contract to enter into a permanent
contract on behalf of the United States with said District in accordance
with the terms of said supplemental contract.
(May 25, 1926, ch. 383, Sec. 45, 44 Stat. 648.)
References in Text
Sections 423 to 423g and 610 of this title, referred to in text, was
in the original ``this Act'', meaning act of May 25, 1926, ch. 383, 44
Stat. 636, as amended, which enacted sections 423 to 423g and 610 of
this title. Section 610 of this title was omitted from the Code. For
complete classification of this Act to the Code, see Tables.
Codification
Section constitutes a part of section 45 of act May 25, 1926. The
remainder of said section 45 (the third par. and the fourth par., except
the final proviso, which is classified as the last par. of this section)
has been omitted.
Section Referred to in Other Sections
This section is referred to in sections 423b, 423f, 424d of this
title.
