43 U.S.C. § 492 — Operation and maintenance charges generally

submitted 112 years ago by ch. 247 to r/title-43-PUBLIC-LANDS · 170 words · no verdicts yet

in plain englishAI-generated · not legal advice

In addition to construction charges, people with water rights or land in a reclamation project must pay operation and maintenance charges when irrigation water is available. The charge is based on water delivered, with a minimum for every irrigable acre, and seasonal overpayments or deficits carry into the next season.

In addition to the construction charge, every water-right applicant, entryman, or landowner in or on a reclamation project must pay an operation and maintenance charge whenever water service is available to irrigate the person’s land. The charge is based on the project’s total operation and maintenance cost, or the cost of each separate project unit, and is charged for each acre-foot of water delivered. Every acre of irrigable land must also receive a minimum operation and maintenance charge, whether or not it is irrigated. That minimum must be based on the charge for delivering at least one acre-foot of water. If, during one irrigation season, a project collects more in operation and maintenance charges and penalties than the project’s operation and maintenance cost for that season, the excess must reduce the project’s charge for the next irrigation season. Any deficit may likewise be added to the charge for the next season.

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

In addition to the construction charge, every water-right applicant, entryman, or landowner under or upon a reclamation project shall also pay, whenever water service is available for the irrigation of his land, an operation and maintenance charge based upon the total cost of operation and maintenance of the project, or each separate unit thereof, and such charge shall be made for each acre-foot of water delivered; but each acre of irrigable land, whether irrigated or not, shall be charged with a minimum operation and maintenance charge based upon the charge for delivery of not less than one acre-foot of water. If the total amount of operation and maintenance charges and penalties collected for any one irrigation season on any project shall exceed the cost of operation and maintenance of the project during that irrigation season, the balance shall be applied to a reduction of the charge on the project for the next irrigation season, and any deficit incurred may likewise be added to the charge for the next irrigation season.

Source credit: (Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.)

history & why it existsrecord from the source credit

1914Enacted · Act of Aug. 13, 1914, ch. 247 · 38 Stat. 687

A history note hasn’t been published yet. The record shows enactment by ch. 247 on 1914-08-13.

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