§ 544. — Limitation as to holdings prior to final payment of charges; forfeiture of excess holding.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC544]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER XIV--PATENTS AND FINAL WATER-RIGHT CERTIFICATES
Sec. 544. Limitation as to holdings prior to final payment of
charges; forfeiture of excess holding
No person shall at any one time or in any manner, except as
hereinafter otherwise provided, acquire, own, or hold irrigable land for
which entry or water-right application shall have been made under the
said reclamation Act of June 17, 1902 and Acts supplementary thereto and
amendatory thereof, before final payment in full of all installments of
building and betterment charges shall have been made on account of such
land in excess of one farm unit as fixed by the Secretary of the
Interior as the limit of area per entry of public land or per single
ownership of private land for which a water right may be purchased
respectively, nor in any case in excess of one hundred and sixty acres,
nor shall water be furnished under said Acts nor a water right sold or
recognized for such excess; but any such excess land acquired by
foreclosure or other process of law, by conveyance in satisfaction of
mortgages, by inheritance, or by devise, may be held for five years and
no longer after its acquisition, and water may be temporarily furnished
during that time; and every excess holding prohibited as aforesaid shall
be forfeited to the United States by proceedings instituted by the
Attorney General for that purpose in any court of competent
jurisdiction. The above provision shall be recited in every patent and
water-right certificate issued by the United States under the provisions
of this subchapter.
(Aug. 9, 1912, ch. 278, Sec. 3, 37 Stat. 266; July 11, 1956, ch. 563,
Sec. 2, 70 Stat. 524.)
References in Text
The reclamation Act of June 17, 1902, referred to in text, is act
June 17, 1902, ch. 1093, 32 Stat. 388, as amended, which is classified
generally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 371 of this title
and Tables.
Codification
Section comprises part of section 3 of act Aug. 9, 1912. Remainder
of section 3 is set out as section 543 of this title.
Amendments
1956--Act July 11, 1956, increased period during which land could be
held from two years to five years, and to authorize delivery of water
for that period.
Amendment of Existing Contracts
For provisions authorizing the Secretary of the Interior to amend
existing contracts under the Federal reclamation laws to conform to the
provisions of this section, see section 3 of act July 11, 1956, set out
as a note under section 423e of this title.
Section Referred to in Other Sections
This section is referred to in section 451h of this title.
