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43 U.S.C. § 544 — Limitation as to holdings prior to final payment of charges; forfeiture of excess holding
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.
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Source file: Laws/federal/codes/united-states-code/title-43/section-544-limitation-as-to-holdings-prior-to-final-payment-of-charges-forfeiture-o--5eb8b5e6de.md
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Source location: Title 43, Chapter 12, § 544; chapter-012-reclamation-and-irrigation-of-lands-by-federal-government.md
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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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
Any homestead entryman under the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, including entrymen on ceded Indian lands, may, at any time after having complied with the provisions of law applicable to such lands as to residence reclamation, and cultivation, submit proof of such residence, reclamation, and cultivation, which proof, if found regular and satisfactory, shall entitle the entryman to a patent, and all purchasers of water-right certificates on reclamation projects shall be entitled to a final water-right certificate upon proof of the cultivation and reclamation of the land to which the certificate applies, to the extent required by the reclamation Act for homestead entrymen: Provided, That no such patent or final water-right certificate shall issue until after the payment of all sums due the United States on account of such land or water right at the time of the submission of proof entitling the homestead or desert-land entryman to such patent or the purchaser to such final water-right certificate.
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Federal law — U.S. Code and appendices · legal_authorities
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
Upon full and final payment being made of all amounts due on account of the building and betterment charges to the United States or its successors in control of the project, the United States or its successors, as the case may be, shall issue upon request a certificate certifying that payment of the building and betterment charges in full has been made and that the lien upon the land has been so far satisfied and is no longer of any force or effect except the lien for annual charges for operation and maintenance.
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Federal law — U.S. Code and appendices · legal_authorities
Page 189
TITLE 43—PUBLIC LANDS
§ 544
SUBCHAPTER XIV—PATENTS AND FINAL
WATER-RIGHT CERTIFICATES
§ 541. When patent or final certificate issued
Any homestead entryman under the Act of
June seventeenth, nineteen hundred and two,
known
as
the
reclamation
Act,
including
entrymen on ceded Indian lands, may, at any
time after having complied with the provisions
of law applicable to such lands as to residence
reclamation, and cultivation, submit proof of
such residence, reclamation, and cultivation,
which proof, if found regular and satisfactory,
shall entitle the entryman to a patent, and all
purchasers of water-right certificates on rec-
lamation projects shall be entitled to a final
water-right certificate upon proof of the cultiva-
tion and reclamation of the land to which the
certificate applies, to the extent required by the
reclamation Act for homestead entrymen: Pro-
vided, That no such patent or final water-right
certificate shall issue until after the payment of
all sums due the United States on account of
such land or water right at the time of the sub-
mission of proof entitling the homestead or
desert-land entryman to such patent or the pur-
chaser to such final water-right certificate.
(Aug. 9, 1912, ch. 278, § 1, 37 Stat. 265; Feb. 15,
1917, ch. 71, 39 Stat. 920.)
Editorial Notes
REFERENCES IN TEXT
Act of June 17, 1902, known as the reclamation Act,
referred to in text, is act June 17, 1902, ch. 1093, 32 Stat.
388, which is classified generally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 371 of this title
and Tables.
§ 542. Reservation of lien for charges; enforce-
ment of lien; redemption
Every
patent
and
water-right
certificate
issued under this subchap
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