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43 U.S.C. § 526 — Credit of proceeds to particular project

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

43 U.S.C. § 526 — Credit of proceeds to particular project

All moneys or profits as determined by the Secretary heretofore or hereafter derived from the sale or rental of surplus water under the Warren Act of February 21, 1911 (36 Stat. 925) [[43 U.S.C. 523](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section523&num=0&edition=prelim) to 525], or from the connection of a new project with an existing project shall be credited to the project or division of the project to which the construction cost has been charged.

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Stable record: federal_law:legal_authorities:record_usc_8bae2569b454c17310c40f8a
Source file: Laws/federal/codes/united-states-code/title-43/section-526-credit-of-proceeds-to-particular-project--db34cab9d9.md
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Source location: Title 43, Chapter 12, § 526; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md

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All moneys or profits as determined by the Secretary heretofore or hereafter derived from the sale or rental of surplus water under the Warren Act of February 21, 1911 (36 Stat. 925) [[43 U.S.C. 523](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section523&num=0&edition=prelim) to 525], or from the connection of a new project with an existing project shall be credited to the project or division of the project to which the construction cost has been charged.

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

43 U.S.C. § 371 — Definitions

When used in sections 371, 376, 377, 412, 417, 433, 462, 466, 478, 493, 494, 500, 501, and 526 of this title— **(a)** The word “Secretary” means the Secretary of the Interior. **(b)** The words “reclamation law” mean the Act of June 17, 1902 (32 Stat. 388), and all Acts amendatory thereof or supplementary thereto. **(c)** The words “reclamation fund” mean the fund provided by the reclamation law. **(d)** The word “project” means a Federal irrigation project authorized by the reclamation law. **(e)** The words “division of a project” mean a substantial irrigable area of a project designated as a division by order of the Secretary.

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

43 U.S.C. § 523 — Storage and transportation of water for irrigation districts, etc.

Whenever in carrying out the provisions of the reclamation law, storage or carrying capacity has been or may be provided in excess of the requirements of the lands to be irrigated under any project, the Secretary of the Interior, preserving a first right to lands and entrymen under the project, is authorized, upon such terms as he may determine to be just and equitable, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation systems operating under [section 641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section641&num=0&edition=prelim), and individuals, corporations, associations, and irrigation districts organized for or engaged in furnishing or in distributing water for irrigation. Water so impounded, stored, or carried under any such contract shall be for the purpose of distribution to individual water users by the party with whom the contract is made: Provided, however, That water so impounded, stored, or carried shall not be used otherwise than as prescribed by law as to lands held in private ownership within Government reclamation projects. In fixing the charges under any such contract for impounding, storing, or carrying water for any irrigation system, corporation, association, district, or individual, as herein provided, the Secretary shall take into consideration the cost of construction and maintenance of the reservoir by which such water is to be impounded or stored and the canal by which it is to be carried, and such charges shall be just and equitable as to water users under the Government project. No irrigation system, district, association, corporation, or individual so contracting shall make any charge for the storage, carriage, or delivery of

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

43 U.S.C. § 523 — Storage and transportation of water for ir-

Page 187 TITLE 43—PUBLIC LANDS § 523 lands lying within any irrigation district with which the United States shall have contracted, by which the irrigation district agrees to make the payment of all charges for the building of ir- rigation works and for operation and mainte- nance, shall not reserve to the United States a lien for the payment of such charges; and where such a lien shall have been reserved in any pat- ent or water-right certificate issued under said subchapter, the Secretary of the Interior is em- powered to release such lien in such manner and form as may be deemed effective; and the Sec- retary of the Interior is further empowered to release liens in favor of the United States con- tained in water-right applications and to assent to the release of liens to secure reimbursement of moneys due to the United States pursuant to water-right applications running in favor of the water users’ association and contained in stock subscription contracts to such associations, when the lands covered by such liens shall be subject to assessment and levy for the collection of all moneys due and to become due to the United States by irrigation districts formed pur- suant to State law and with which the United States shall have entered into contract therefor: Provided, That no such lien so reserved to the United States in any patent or water-right cer- tificate shall be released until the owner of the land covered by the lien shall consent in writing to the assessment, levy, and collection by such irrigation district of taxes against said land for the payment to the United States of the con- tract obligation: Provided further, That before any lien is released under this section the Sec- retary of the Interior shall file a written report finding

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 523

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

43 U.S.C. § 526 — Credit of proceeds to particular project

Page 188 TITLE 43—PUBLIC LANDS § 524 has been or may be provided in excess of the re- quirements of the lands to be irrigated under any project, the Secretary of the Interior, pre- serving a first right to lands and entrymen under the project, is authorized, upon such terms as he may determine to be just and equi- table, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation systems op- erating under section 641 of this title, and indi- viduals, corporations, associations, and irriga- tion districts organized for or engaged in fur- nishing or in distributing water for irrigation. Water so impounded, stored, or carried under any such contract shall be for the purpose of dis- tribution to individual water users by the party with whom the contract is made: Provided, how- ever, That water so impounded, stored, or car- ried shall not be used otherwise than as pre- scribed by law as to lands held in private owner- ship within Government reclamation projects. In fixing the charges under any such contract for impounding, storing, or carrying water for any irrigation system, corporation, association, district, or individual, as herein provided, the Secretary shall take into consideration the cost of construction and maintenance of the res- ervoir by which such water is to be impounded or stored and the canal by which it is to be car- ried, and such charges shall be just and equi- table as to water users under the Government project. No irrigation system, district, associa- tion, corporation, or individual so contracting shall make any charge for the storage, carriage, or delivery of such water in excess of the charge paid to the United States except to such extent as may be reasonably nec

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 526

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