§ 423e. — Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC423e]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER V--ADMINISTRATION OF EXISTING PROJECTS
Sec. 423e. Completion of new projects or new division; execution
of contract with district as condition precedent to delivery of
water; contents of contract; cooperation of States with United
States; limitations on sale of land
No water shall be delivered upon the completion of any new project
or new division of a project until a contract or contracts in form
approved by the Secretary of the Interior shall have been made with an
irrigation district or irrigation districts organized under State law
providing for payment by the district or districts of the cost of
constructing, operating, and maintaining the works during the time they
are in control of the United States, such cost of constructing to be
repaid within such terms of years as the Secretary may find to be
necessary, in any event not more than forty years from the date of
public notice hereinafter referred to, and the execution of said
contract or contracts shall have been confirmed by a decree of a court
of competent jurisdiction. Prior to or in connection with the settlement
and development of each of these projects, the Secretary of the Interior
is authorized in his discretion to enter into agreement with the proper
authorities of the State or States wherein said projects or divisions
are located whereby such State or States shall cooperate with the United
States in promoting the settlement of the projects or divisions after
completion and in the securing and selecting of settlers. Such contract
or contracts with irrigation districts hereinbefore referred to shall
further provide that all irrigable land held in private ownership by any
one owner in excess of one hundred and sixty irrigable acres shall be
appraised in a manner to be prescribed by the Secretary of the Interior
and the sale prices thereof fixed by the Secretary on the basis of its
actual bona fide value at the date of appraisal without reference to the
proposed construction of the irrigation works; and that no such excess
lands so held shall receive water from any project or division if the
owners thereof shall refuse to execute valid recordable contracts for
the sale of such lands under terms and conditions satisfactory to the
Secretary of the Interior and at prices not to exceed those fixed by the
Secretary of the Interior; and that until one-half the construction
charges against said lands shall have been fully paid no sale of any
such lands shall carry the right to receive water unless and until the
purchase price involved in such sale is approved by the Secretary of the
Interior and that upon proof of fraudulent representation as to the true
consideration involved in such sales the Secretary of the Interior is
authorized to cancel the water right attaching to the land involved in
such fraudulent sales: Provided, however, That if excess land is
acquired by foreclosure or other process of law, by conveyance in
satisfaction of mortgages, by inheritance, or by devise, water therefor
may be furnished temporarily for a period not exceeding five years from
the effective date of such acquisition, delivery of water thereafter
ceasing until the transfer thereof to a landowner duly qualified to
secure water therefor: Provided further, That the operation and
maintenance charges on account of lands in said projects and divisions
shall be paid annually in advance not later than March 1. It shall be
the duty of the Secretary of the Interior to give public notice when
water is actually available, and the operation and maintenance charges
payable to the United States for the first year after such public notice
shall be transferred to and paid as a part of the construction payment.
(May 25, 1926, ch. 383, Sec. 46, 44 Stat. 649; July 11, 1956, ch. 563,
Sec. 1, 70 Stat. 524.)
Amendments
1956--Act July 11, 1956, authorized delivery of water for not more
than five years to excess lands acquired by foreclosure or other process
of law, by conveyance in satisfaction of mortgages, by inheritance, or
by devise.
Imperial Irrigation District of California; Nonapplicability of Federal
Reclamation Laws
Pub. L. 96-570, Sec. 4, Dec. 22, 1980, 94 Stat. 3340, provided that:
``The following provisions of the Federal reclamation laws shall not
apply to lands within the Imperial Irrigation District of California
after the date of enactment of this Act [Dec. 22, 1980]:
``(a) section 5 of the Act entitled `An Act appropriating the
receipts from the sale and disposal of public lands in certain
States and Territories to the construction of irrigation works for
the reclamation of arid lands', approved June 17, 1902 (43 U.S.C.
431);
``(b) section 46 of the Act entitled `An Act to adjust water-
right charges, to grant certain other relief on the Federal
irrigation projects, and for other purposes', approved May 25, 1926
(42 U.S.C. 423e) [this section]; and
``(c) any other provision of law amendatory or supplementary to
either of such sections.''
Amendment of Existing Contracts
Section 3 of act July 11, 1956, provided that: ``The Secretary of
the Interior is authorized, upon request of any holder of an existing
contract under the Federal reclamation laws (Act of June 17, 1902, 32
Stat. 388, and Acts amendatory thereof or supplementary thereto), to
amend the contract to conform to the provisions of sections 1 and 2 of
this Act [amending sections 423e and 544 of this title].''
Section Referred to in Other Sections
This section is referred to in sections 390ii, 390ww, 423b, 423d,
423f, 423h, 424d of this title.
