43 U.S.C. § 423 — Permanently unproductive lands; exclusion from project; disposition of water right

submitted 100 years ago by ch. 383 to r/title-43-PUBLIC-LANDS · 162 words · no verdicts yet

in plain englishAI-generated · not legal advice

Land officially classified as permanently unproductive gets removed from a reclamation project. No water goes to that land unless it is later restored. Its old water right goes to other water users under reclamation law. Extra surplus water can sometimes be rented for use on that land instead.

Land can be classified as permanently unproductive. This classification comes from a survey done under the Board of Survey and Adjustments, following House Document 201 and specific general recommendations in it. Once land is classified this way, it is excluded from the reclamation project. No water can be delivered to it after that, unless the land is later restored to the project. The water right that used to belong to that excluded land does not just disappear. Unless another rule says otherwise, the United States disposes of it under the reclamation law. Other water users on the project get first preference to use that water. If surplus water is temporarily available, it can still be supplied to the excluded land — but only on a rental basis. The Secretary of the Interior must approve the terms and conditions of that rental.

the actual law source: uscode.house.gov ↗public domain

All lands found by the classification made under the supervision of the Board of Survey and Adjustments (House Document 201, 69th Congress, 1st Session, checked and modified as outlined in General Recommendations numbered 2 and 4, Page 60 of said document), to be permanently unproductive shall be excluded from the project and no water shall be delivered to them after the date of such exclusion unless and until they are restored to the project. Except as herein otherwise provided, the water right formerly appurtenant to such permanently unproductive lands shall be disposed of by the United States under the reclamation law: Provided, That the water users on the projects shall have a preference right to the use of the water: And provided further, That any surplus water temporarily available may be furnished upon a rental basis for use on lands excluded from the project under this section, on terms and conditions to be approved by the Secretary of the Interior.

Source credit: (May 25, 1926, ch. 383, §§ 40, 41, 44 Stat. 647.)

history & why it existsrecord from the source credit

1926Enacted · Act of May 25, 1926, ch. 383 · 44 Stat. 647

A history note hasn’t been published yet. The record shows enactment by ch. 383 on 1926-05-25.

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