§ 485e. — Maintenance and operation of project works; delinquency penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC485e]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER X--PAYMENT OF CONSTRUCTION CHARGES
Sec. 485e. Maintenance and operation of project works;
delinquency penalties
In connection with any contract, relating to construction charges,
entered into pursuant to the authority of this subchapter, the Secretary
is authorized to require such provisions as he deems proper to secure
the adoption of proper accounting, to protect the condition of project
works and to provide for the proper use thereof, and to protect project
lands against deterioration due to improper use of water. Any such
contract shall require advance payment of adequate operation and
maintenance charges. The Secretary is further authorized, in his
discretion, to require such provisions as he deems proper to penalize
delinquencies in payments of construction charges or operation and
maintenance charges: Provided, That in any event there shall be
penalties imposed on account of delinquencies of not less than one-half
of 1 per centum per month of the delinquent charge from and after the
date when such charge becomes due and payable: Provided further, That
any such contract shall require that no water shall be delivered to
lands or parties which are in arrears in the advance payment of
operation and maintenance or toll charges, or to lands or parties which
are in arrears for more than twelve months in the payment of
construction charges due from such lands or parties to the United States
or to the organization in which the lands or parties are included, or to
any lands or parties included in an organization which is in arrears in
the advance payment of operation and maintenance or toll charges or in
arrears more than twelve months in the payment of construction charges
due from such organization to the United States.
(Aug. 4, 1939, ch. 418, Sec. 6, 53 Stat. 1191.)
