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

Federal law — U.S. Code and appendices · legal_authorities

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

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.

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Source location: Title 43, Chapter 12, § 492; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 499 — Discretionary power to transfer management

Whenever any legally organized water-users’ association or irrigation district shall so request, the Secretary of the Interior is authorized, in his discretion, to transfer to such water-users’ association or irrigation district the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as he may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 465 — Charges for water service prior to notice of construction charge

Whenever water is available and it is impracticable to apportion operation and maintenance charges as provided in [section 492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section492&num=0&edition=prelim), the Secretary of the Interior may, prior to giving public notice of the construction charge per acre upon land under any project, furnish water to any entryman or private landowner thereunder until such notice is given, making a reasonable charge therefor, and such charges shall be subject to the same penalties and to the provisions for cancellation and collection as herein provided for other operation and maintenance charges.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 591a — Boise project, Idaho; Arrowrock Dam; installment payments of costs of repairs, resurfacing, improvement, etc.

For the purpose of avoiding an unduly high operation and maintenance assessment in any one year and to keep the operation and maintenance charges in connection with the Arrowrock Division of the Boise reclamation project within the ability of the water users to pay, the Secretary of the Interior is authorized to allow the irrigation districts of the said Arrowrock Division and the irrigation districts ditch companies, and water users who have assumed obligations to pay proportionate parts of the estimated cost of the operation and maintenance of the Arrowrock Reservoir, to pay the costs, as determined conclusively by said Secretary, incurred in the repair, resurfacing, and improvement of the Arrowrock Dam and in increasing the height thereof (to provide additional capacity to offset past and, to some extent, future losses of capacity resulting from the deposit of silt in the said reservoir) in twenty annual installments instead of requiring the payment of all of such operation and maintenance costs in one year as provided in [section 492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section492&num=0&edition=prelim): Provided, That such costs, for the purpose of any amendatory contracts affecting the construction charges of Arrowrock Dam that may be entered into as authorized by subchapter X of this chapter, may, in the discretion of the Secretary, be treated as part of the construction charges of said dam, and as payable in the same manner as such charges.

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 172 TITLE 43—PUBLIC LANDS § 492 1 See References in Text note below. (June 17, 1902, ch. 1093, § 6, 32 Stat. 389.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act June 17, 1902, pop- ularly known as the Reclamation Act, which is classi- fied generally to this chapter. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. CODIFICATION Section is comprised of part of section 6 of act June 17, 1902. Remainder of such section 6 is classified to sec- tion 498 of this title. Statutory Notes and Related Subsidiaries SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title. § 492. Operation and maintenance charges gen- erally 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 mainte- nance charge based upon the total cost of oper- ation 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 ne

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