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Subsidiaries SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.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 next irrigation sea- son, and any deficit incurred may likewise be added to the charge for the next irrigation sea- son. (Aug. 13, 1914, ch. 247, § 5, 38 Stat. 687.) Editorial Notes CODIFICATION Section is comprised of part of first sentence and sec- ond sentence of section 5 of act Aug. 13, 1914. Remain- der of first sentence of such section is classified to sec- tion 499 of this title. § 493. Operation charges; date of payment; dis- count; advance payment All operation and maintenance charges upon projects existing prior to December 5, 1924, shall become due and payable on the date fixed for each project by the Secretary of the Interior, and if such charge is paid on or before the date when due there shall be a discount of 5 per cen- tum of such charge. All contracts providing for new projects and new divisions of projects approved after Decem- ber 5, 1924, shall require that all operation and maintenance charges shall be payable in ad- vance. In each case where the care, operation, and maintenance of a project or division of a project are transferred to the water users the contract shall require the payment of operation and maintenance charges in advance. Whenever an adjustment of water charges is made under sections 371, 376, 377, 412, 417, 433, 438,1 462, 463,1 466, 467,1 473,1 474,1 478, 493, 494, 500, 501 and 526 of this title the adjustment contract shall provide that thereafter all operation and maintenance charges shall be payable in advance. (Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688; Dec. 5, 1924, ch. 4, § 4, subsec. N, 43 Stat. 704.) Editorial Notes REFERENCES IN TEXT Section 438 of this title, referred to in text, was re- pealed by act Aug. 13, 1953, ch. 428, § 10, 67 Stat. 568. Sections 463, 467, 473, and 474 of this title, referred to in text, were repealed by act May 25, 1926, ch. 383, § 47, 44 Stat. 650. CODIFICATION First paragraph of this section is comprised of part of first sentence of section 6 of act Aug. 13, 1914. Remain- der of first sentence of such section 6 is classified to sections 479, 494, and 495 of this title; second and third sentences of such section 6 are classified to sections 496 and 497 of this title, respectively. Second paragraph of this section is from act Dec. 5, 1924. Language was inserted in the first paragraph of this section limiting it to projects existing prior to Dec. 5, 1924, to avoid conflict with second paragraph applicable to projects after Dec. 5, 1924. Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 371 of this title apply to this section. § 493a. Omitted Editorial Notes CODIFICATION Section, act May 10, 1926, ch. 277, 44 Stat. 479, author- ized Secretary of the Interior, until June 30, 1927, to ex- tend time for payment of charges for period not exceed- ing 5 years. § 494. Pecuniary penalty for nonpayment of oper- ation charge If any operation or maintenance charge is un- paid on the 1st day of the third calendar month after it became due a penalty of 1 per centum of the amount unpaid shall be added thereto, and thereafter an additional penalty of one-half of 1 per centum of the amount unpaid shall be added on the 1st day of each calendar month if such charge and penalties shall remain unpaid. (Aug. 13, 1914, ch. 247, § 6, 38 Stat. 688; Dec. 5, 1924, ch. 4, § 4, subsec. H, 43 Stat. 703.) 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 495