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43 U.S.C. § 423e — Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water; contents of contract; cooperation of States with United States; limitations on sale of land
Federal law — U.S. Code and appendices · legal_authorities
No water shall be delivered upon the completion of any new project or new division of a project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or irrigation districts organized under State law providing for payment by the district or districts of the cost of constructing, operating, and maintaining the works during the time they are in control of the United States, such cost of constructing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than forty years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Prior to or in connection with the settlement and development of each of these projects, the Secretary of the Interior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divisions are located whereby such State or States shall cooperate with the United States in promoting the settlement of the projects or divisions after completion and in the securing and selecting of settlers. Such contract or contracts with irrigation districts hereinbefore referred to shall further provide that all irrigable land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres shall be appraised in a manner to be prescribed by the Secretary of the Interior and the sale prices thereof fixed by the Secretary on the basis of its actual bona fide value at the date of appraisal without reference to the proposed construction of the irrigation works; and that no such excess lands so held shall receive water from any pro
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 423e
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Stable record: federal_law:legal_authorities:record_usc_1b8ad94b1060f82d130057f9
Source file: Laws/federal/codes/united-states-code/title-43/section-423e-completion-of-new-projects-or-new-division-execution-of-contract-with-di--0b4fc24515.md
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Passage SHA-256: c1f449e21eaff36f421b498469b5661a09bdcd0cc02f9c463305e2cea0eefe15
Source location: Title 43, Chapter 12, § 423e; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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No water shall be delivered upon the completion of any new project or new division of a project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or irrigation districts organized under State law providing for payment by the district or districts of the cost of constructing, operating, and maintaining the works during the time they are in control of the United States, such cost of constructing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than forty years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Prior to or in connection with the settlement and development of each of these projects, the Secretary of the Interior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divisions are located whereby such State or States shall cooperate with the United States in promoting the settlement of the projects or divisions after completion and in the securing and selecting of settlers. Such contract or contracts with irrigation districts hereinbefore referred to shall further provide that all irrigable land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres shall be appraised in a manner to be prescribed by the Secretary of the Interior and the sale prices thereof fixed by the Secretary on the basis of its actual bona fide value at the date of appraisal without reference to the proposed construction of the irrigation works; and that no such excess lands so held shall receive water from any project or division if the owners thereof shall refuse to execute valid recordable contracts for the sale of such lands under terms and conditions satisfactory to the Secretary of the Interior and at prices not to exceed those fixed by the Secretary of the Interior; and that until one-half the construction charges against said lands shall have been fully paid no sale of any such lands shall carry the right to receive water unless and until the purchase price involved in such sale is approved by the Secretary of the Interior and that upon proof of fraudulent representation as to the true consideration involved in such sales the Secretary of the Interior is authorized to cancel the water right attaching to the land involved in such fraudulent sales: Provided, however, That if excess land is acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance, or by devise, water therefor may be furnished temporarily for a period not exceeding five years from the effective date of such acquisition, delivery of water thereafter ceasing until the transfer thereof to a landowner duly qualified to secure water therefor: Provided further, That the operation and maintenance charges on account of lands in said projects and divisions shall be paid annually in advance not later than March 1. It shall be the duty of the Secretary of the Interior to give public notice when water is actually available, and the operation and maintenance charges payable to the United States for the first year after such public notice shall be transferred to and paid as a part of the construction payment.
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Federal law — U.S. Code and appendices · legal_authorities
No right to the use of water for land in private ownership shall be sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner unless he be an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 431
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disposal of lands in excess of ownership limitations within reasonable time** Irrigation water made available in the operation of reclamation project facilities may not be delivered for use in the irrigation of lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, unless and until the owners thereof shall have executed a recordable contract with the Secretary, in accordance with the terms and conditions required by Federal reclamation law, requiring the disposal of their interest in such excess lands within a reasonable time to be established by the Secretary. In the case of recordable contracts entered into prior to October 12, 1982, such reasonable time shall not exceed ten years after the recordable contract is executed by the Secretary. In the case of recordable contracts entered into after October 12, 1982, except as provided in [section 390rr of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section390rr&num=0&edition=prelim), such reasonable time shall not exceed five years after the recordable contract is executed by the Secretary.
**(b) Continued delivery of irrigation water to lands held in excess of ownership limitations** Lands held in excess of the ownership limitations imposed by Federal reclamation law, including this subchapter, which, on October 12, 1982, are, or are capable of, receiving delivery of irrigation water made available by the operation of existing reclamation project facilities may receive such deliveries only—
(1) if the disposal of the owner’s interest in such lands is required by an existing recordable contract with the Secretary, or
(2) if the owners of such lands have requested that a recordable contract be executed by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390ii
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Existing Federal reclamation law** The provisions of Federal reclamation law shall remain in full force and effect, except to the extent such law is amended by, or is inconsistent with, this subchapter.
**(b) Existing statutory exemptions from ownership or pricing limitations of Federal reclamation law** Nothing in this subchapter shall repeal or amend any existing statutory exemptions from the ownership or pricing limitations of Federal reclamation law.
**(c) Regulations; collection of necessary data** The Secretary may prescribe regulations and shall collect all data necessary to carry out the provisions of this subchapter and other provisions of Federal reclamation law.
**(d) Omitted**
**(e) Sale of nonexcess land acquired into excess status pursuant to involuntary process of law, etc.** Any nonexcess land which is acquired into excess status pursuant to involuntary foreclosure or similar involuntary process of law, conveyance in satisfaction of a debt (including, but not limited to, a mortgage, real estate contract, or deed of trust), inheritance, or devise, may be sold at its fair market value without regard to any other provision of this subchapter or to [section 423e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section423e&num=0&edition=prelim): Provided, That if the status of mortgaged land changes from nonexcess into excess after the mortgage is recorded and is subsequently acquired by the lender by involuntary foreclosure or similar involuntary process of law, by bona fide conveyance in satisfaction of the mortgage, such land may be sold at its fair market value.
**(f) Omitted**
**(g) Annual audit of compliance with reclamation laws** In addition to any other audit or compliance activities which may otherwise
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390ww
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Federal law — U.S. Code and appendices · legal_authorities
Where the death of a husband or wife causes lands in private ownership to become excess lands, as that term is used in [section 423e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section423e&num=0&edition=prelim), and those lands had theretofore been eligible to receive water from a project under the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereto) without execution of a recordable contract under [section 423e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section423e&num=0&edition=prelim), the Secretary of the Interior is authorized to furnish water to them, without requiring execution of such a contract, so long as they remain in the ownership of the surviving spouse: Provided, That in the event of the remarriage of the surviving spouse, such lands shall be governed by applicable law without regard to the provisions of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 423h
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 544
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Federal law — U.S. Code and appendices · legal_authorities
Page 148
TITLE 43—PUBLIC LANDS
§ 423e
ciation or irrigation district whereby such asso-
ciation or irrigation district shall be required to
pay to the United States, without regard to de-
fault in the payment of charges against any in-
dividual farm unit or tract of irrigable land, the
entire charges against all productive lands re-
maining in the project after the permanently
unproductive lands shall have been eliminated
and the charges against temporarily unproduc-
tive areas shall have been suspended in the man-
ner and to the extent authorized and directed by
sections 423 to 423g and 610 of this title.
The Secretary is authorized, in his discretion,
upon request of individual water users or dis-
tricts, and upon performance of the condition
precedent above set forth, to amend any existing
water-right contract to provide for increase in
the time for payment of construction charges,
which have not been accrued, to the extent that
may be necessary under the conditions in each
case, subject to the limitation that there shall
be allowed for repayment not more than forty
years from the date the first payment matured
under the original contract, and also to extend
the time for payment of operation and mainte-
nance or water-rental charges due and unpaid
for such period as in his judgment may be nec-
essary not exceeding five years, the charges so
extended to bear interest payable annually at
the rate of 6 per centum per annum until paid,
and to contract for the payment of the construc-
tion charges then due and unpaid within such
term of years as the Secretary may find to be
necessary, with interest payable annually at the
rate of 6 per centum per annum until paid.
The Secretary of the Interior is authorized to
complete and execute the supplement
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 423e
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