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

Page 159 TITLE 43—PUBLIC LANDS § 470 under entries not subject to the reclamation law shall not be made within one year after August 13, 1914, or within one year after notice issued in pursuance of section 419 of this title, in cases where such notice has not been issued prior to August 13, 1914, the construction charges for such land shall be increased 5 per centum each year until such application is made and an ini- tial installment is paid. (Aug. 13, 1914, ch. 247, § 9, 38 Stat. 689.) Editorial Notes REFERENCES IN TEXT The reclamation law, referred to in text, is defined in section 472 of this title. § 465. Charges for water service prior to notice of construction charge Whenever water is available and it is impracti- cable to apportion operation and maintenance charges as provided in section 492 of this title, the Secretary of the Interior may, prior to giv- ing public notice of the construction charge per acre upon land under any project, furnish water to any entryman or private landowner there- under until such notice is given, making a rea- sonable charge therefor, and such charges shall be subject to the same penalties and to the pro- visions for cancellation and collection as herein provided for other operation and maintenance charges. (Aug. 13, 1914, ch. 247, § 11, 38 Stat. 689.) Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act Aug. 13, 1914, ch. 247, 38 Stat. 686, which is classified to sections 373, 414, 418, 435 to 437, 440, 443, 464, 465, 469, 471, 472, 475, 477 to 481, 492, 493, 494 to 497, and 499 of this title. For com- plete classification of this Act to the Code, see Tables. § 466. Surveys to correct errors or inequalities in original basis of project On each project existing prior to December 5, 1924, where, in the opinion of the Secretary, it appears that on account of lack of fertility in the soil, an inadequate water supply, or other physical causes, settlers are unable to pay con- struction costs, or whenever it appears that the cost of any reclamation project by reason of error or mistake or for any cause has been ap- portioned or charged upon a smaller area of land than the total area of land under said project, the Secretary is authorized to undertake a com- prehensive and detailed survey to ascertain all pertinent facts, and report in each case the re- sult of such survey to the Congress, with his rec- ommendations: Provided, That the cost and ex- pense of each such survey shall be charged to the appropriation for the project on account of which the same is made, but shall not be charged as a part of the construction or oper- ation and maintenance cost payable by the water users under the project. (Dec. 5, 1924, ch. 4, § 4, subsec. K, 43 Stat. 703.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 371 of this title apply to this section. § 467. Repealed. May 25, 1926, ch. 383, § 47, 44 Stat. 650 Section, act Dec. 5, 1924, ch. 4, § 4, subsec. L, 43 Stat. 703, related to adjustment of charges and items to be included in adjustment. § 468. Withdrawal of notice given and modifica- tion of applications and contracts made prior to February 13, 1911 The Secretary of the Interior may, in his dis- cretion, withdraw any public notice issued prior to February 13, 1911, under section 419 of this title, and he may agree to such modification of water-right applications duly filed prior to Feb- ruary 13, 1911, or contracts with water users’ as- sociations and others, entered into prior to Feb- ruary 13, 1911, as he may deem advisable, or he may consent to the abrogation of such water- right applications and contracts, and proceed in all respects as if no such notice has been given. (Feb. 13, 1911, ch. 49, 36 Stat. 902.) § 469. Increase in construction charges No increase in the construction charges shall, after August 13, 1914, be made, after the same have been fixed by public notice, except by agreement between the Secretary of the Interior and a majority of the water-right applicants and entrymen to be affected by such increase, where- upon all water-right applicants and entrymen in the area proposed to be affected by the increased charge shall become subject thereto. Such in- creased charge shall be added to the construc- tion charge and payment thereof distributed over the remaining unpaid installments of con- struction charges: Provided, That the Secretary of the Interior, in his discretion, may agree that such increased construction charge shall be paid in additional annual installments, each of which shall be at least equal to the amount of the larg- est installment as fixed for the project by the public notice theretofore issued. And such addi- tional installments of the increased construc- tion charge, as so agreed upon shall become due and payable on December 1 of each year subse- quent to the year when the final installment of the construction charge under such public no- tice is due and payable: Provided further, That all such increased construction charges shall be subject to the same conditions, penalties, and suit or action as provided in sections 478, 480, and 481 of this title. (Aug. 13, 1914, ch. 247, § 4, 38 Stat. 687.) § 470. When work increasing construction charge may be undertaken No work shall be undertaken or expenditure made for any lands, for which the construction charge has been fixed by public notice, which work or expenditure shall, in the opinion of the Secretary of the Interior, increase the construc- tion cost above the construction charge so fixed; unless and until valid and binding agreement to