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

Page 173 TITLE 43—PUBLIC LANDS § 499a of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, re- spectively. Act Dec. 5, 1924, reduced the additional penalty from 1 per centum to one-half of 1 per centum. § 495. Shutting off water for nonpayment of oper- ation charge No water shall be delivered to the lands of any water-right applicant or entryman who shall be in arrears for more than one calendar year for the payment of any charge for operation and maintenance. (Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.) Editorial Notes CODIFICATION Section is comprised of part of first sentence of sec- tion 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to sections 479, 493 and 494 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, re- spectively. § 496. Cancellation of entry or water right for nonpayment of operation charge If any water-right applicant or entryman shall be one year in arrears in the payment of any charge for operation and maintenance and pen- alties, or any part thereof, his water-right appli- cation, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the rec- lamation fund, but no homestead entry shall be subject to contest because of such arrears. (Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.) Editorial Notes CODIFICATION Section is comprised of second sentence of section 6 of act Aug. 13, 1914. First and third sentences of such section 6 are classified to sections 479, 493, 494, 495, 497 of this title, respectively. § 497. Action to recover operation charge and penalty In the discretion of the Secretary of the Inte- rior suit or action may be brought for the amounts of operation or maintenance charges in default and penalties in like manner as provided in section 481 of this title. (Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688.) Editorial Notes CODIFICATION Section is comprised of third sentence of section 6 of act Aug. 13, 1914. First and second sentences of such section 6 are classified to sections 479, 493, 494, 495, and 496 of this title, respectively. § 498. Transfer of management and operation of works to water users generally When the payments required by this Act are made for the major portion of the lands irri- gated from the waters of any of the works herein provided for, then the management and oper- ation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regula- tions as may be acceptable to the Secretary of the Interior; Provided, That the title to and the management and operation of the reservoirs and the works necessary for their protection and op- eration shall remain in the Government until otherwise provided by Congress. (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 491 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. § 499. Discretionary power to transfer manage- ment Whenever any legally organized water-users’ association or irrigation district shall so re- quest, the Secretary of the Interior is author- ized, 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 reg- ulations as he may prescribe. (Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.) Editorial Notes CODIFICATION Section is comprised of part of first sentence of sec- tion 5 of act Aug. 13, 1914. Remainder of first sentence and second sentence of such section 5 are classified to section 492 of this title. § 499a. Transfer of title to movable property; use of appropriations Whenever an irrigation district, municipality, or water users’ organization assumes operation and maintenance of works constructed to fur- nish or distribute a water supply pursuant to a contract entered into with the United States in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), the Secretary of the Interior may transfer to said district, municipality, or organization title to movable property which has been purchased with funds advanced by the district, munici- pality, or organization or which, in the case of property purchased with appropriated funds, is necessary to the operation and maintenance of such works and the value of which is to be re- paid under a contract with the district, munici-