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43 U.S.C. § 423aConstruction charges on permanently unproductive lands already paid; disposition

submitted 100 years ago by ch. 383 to r/title-43-PUBLIC-LANDS · 189 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains what happens to irrigation construction payments already made on land later found unproductive. Excess payments become credit toward other land under the same contract, or get refunded in cash. If all of a settler's land turns out unproductive, the whole contract is canceled and prior payments refunded.

This section deals with money already paid before May 25, 1926, for irrigation construction on land that later got dropped from a reclamation project because it turned out to be permanently unproductive. If you paid construction charges on that excluded land, the money doesn't disappear. It gets applied as a credit against charges you still owe — or will owe — on your remaining irrigable land under the same water-right contract, or on land you got through an exchange under section 423c. If what you already paid is more than all your unpaid water-right charges plus the construction charges not yet due, the extra amount is paid back to you in cash — or to your irrigation district if the district holds the contract. The district must then work out a fair adjustment with the affected landowners. If every acre of your land under a water-right application gets excluded as permanently unproductive, and you don't get an exchange under section 423c, the rule is different: all of your construction charges paid before May 25, 1926 are refunded in cash (minus any unpaid operation and maintenance charges), your water-right contract is canceled, and any liens tied to those water-right charges are released.
the actual law source: uscode.house.gov ↗public domain

The construction charges prior to May 25, 1926, paid on permanently unproductive lands excluded from the project shall be applied as a credit on charges due or to become due on any remaining irrigable land covered by the same water-right contract or land taken in exchange as provided in section 423c of this title. If the charges so paid exceed the amount of all water-right charges due and unpaid, plus the construction charges not yet due, the balance shall be paid in cash to the holder of the water-right contract covering the land so excluded or to the irrigation district affected; which in turn shall be charged with the responsibility of making suitable adjustment with the landowners involved. Should all the irrigable lands of a water-right applicant be excluded from the project as permanently unproductive, and no exchange be made as provided in said section, the total construction charges paid before May 25, 1926, less any accrued charges on account of operation and maintenance, shall be refunded in cash, the water-right contract shall be canceled, and all liens on account of water-right charges shall be released.

Source credit: (May 25, 1926, ch. 383, § 42, 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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