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43 U.S.C. § 424dUse of moneys collected from sales, project construction charges and water rentals respecting unproductive lands

submitted 96 years ago by ch. 292 to r/title-43-PUBLIC-LANDS · 265 words · no verdicts yet

in plain englishAI-generated · not legal advice

Money collected from selling unproductive irrigation land, or from related construction charges and water rentals, mostly goes into the Reclamation Fund. It credits water users' construction-charge payments and past written-off amounts. Excess water-rental money over operating costs also goes into the Fund, unless a contract says otherwise.

Unless a contract between the United States and a water users' organization or district says otherwise, this is what happens to money collected under sections 424 through 424e of this title: money from selling the unproductive land, from construction charges paid on land sold as "temporarily unproductive" or "permanently unproductive," and — except as described below — from water rentals. All of it goes into the Reclamation Fund. There, it credits the construction charge that water users owed under their contracts as of May 16, 1930. The credit first covers any extra cost those water users had to pay to get water delivered to the unproductive land while it was still unproductive, as approved by the Commissioner of Reclamation. Whatever is left over then credits amounts that were previously written off under sections 423 through 423g and 610 of this title. If water-rental money collected under sections 424 through 424e exceeds the current cost of operating and maintaining the project, the Secretary figures out the excess. That excess — absent a contrary contract — also goes into the Reclamation Fund the same way. But in every other case, water rentals collected under sections 424 through 424e are handed over to, or kept by, whatever irrigation district or water users association is operating and maintaining that project (or part of it) under contract with the United States.
the actual law source: uscode.house.gov ↗public domain

In the absence of a contrary requirement in the contracts between the United States and the water users organization or district assuming liability for the payment of project construction charges, all sums collected under sections 424 to 424e this title from the sale of lands, from the payment of project construction charges on “temporarily unproductive” or “permanently unproductive” lands so sold, and (except as stated in this section) from water rentals, shall inure to the Reclamation Fund as a credit to the construction charge payable on May 16, 1930, by the water users under their present contracts, to the extent of the additional expense, if any, incurred by such water users in furnishing water to the unproductive area, while still in that status, as approved by the Commissioner of Reclamation and the balance as a credit to the sums heretofore written off in accordance with sections 423 to 423g and 610 of this title. Where water rental collections under sections 424 to 424e of this title are in excess of the current operation and maintenance charges, the excess as determined by the Secretary, shall, in the absence of such contrary contract provision, inure to the Reclamation Fund as above provided, but in all other cases the water rentals collected under sections 424 to 424e of this title shall be turned over to or retained by the operating district or association, where the project or part of the project from which the water rentals were collected is being operated and maintained by an irrigation district or water users association under contract with the United States.

Source credit: (May 16, 1930, ch. 292, § 5, 46 Stat. 368.)

history & why it existsrecord from the source credit
  • 1930Enacted · Act of May 16, 1930, ch. 292 · 46 Stat. 368

A history note hasn’t been published yet. The record shows enactment by ch. 292 on 1930-05-16.

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