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 that the contracting irrigation district is legally organized under the laws of the State in which its lands are located, with full power to enter into the contract and to collect by assess- ment and levy against the lands of the district the amount of the contract obligation. (May 15, 1922, ch. 190, § 2, 42 Stat. 542.) Editorial Notes REFERENCES IN TEXT Subchapter XIV (§ 541 et seq.) of this chapter, referred to in text, was in the original a reference to act Aug. 9, 1912, 37 Stat. 265. § 513. Lands in project subject to provisions of chapter; after contract with irrigation dis- trict Upon the execution of any contract between the United States and any irrigation district pursuant to sections 511 and 512 of this title the public lands included within such irrigation dis- trict, when subject to entry, and entered lands within such irrigation district, for which no final certificates shall have been issued and which may be designated by the Secretary of the Interior in said contract, shall be subject to all the provisions of chapter 13 of this title: Pro- vided, That no map or plan as required by sec- tion 623 of this title need be filed by the irriga- tion district for approval by the Secretary of the Interior. (May 15, 1922, ch. 190, § 3, 42 Stat. 542.) SUBCHAPTER XIII—SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER TRANSPORTATION FACILITIES § 521. Sale of surplus waters generally The Secretary of the Interior in connection with the operations under the reclamation law is authorized to enter into contract to supply water from any project irrigation system for other purposes than irrigation, upon such condi- tions of delivery, use, and payment as he may deem proper: Provided, That the approval of such contract by the water-users’ association or asso- ciations shall have first been obtained: Provided, That no such contract shall be entered into ex- cept upon a showing that there is no other prac- ticable source of water supply for the purpose: Provided further, That no water shall be fur- nished for the uses aforesaid if the delivery of such water shall be detrimental to the water service for such irrigation project, nor to the rights of any prior appropriator: Provided fur- ther, That the moneys derived from such con- tracts shall be covered into the reclamation fund and be placed to the credit of the project from which such water is supplied. (Feb. 25, 1920, ch. 86, 41 Stat. 451.) § 522. Lease of water power Whenever a development of power is necessary for the irrigation of lands, under any project un- dertaken under the said reclamation Act, or an opportunity is afforded for the development of power under any such project, the Secretary of the Interior is authorized to lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the moneys derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived: Provided, That no lease shall be made of such surplus power or power privileges as will impair the efficiency of the irrigation project: Provided further, That the Secretary of the Interior is authorized, in his discretion, to make such a lease in connection with Rio Grande project in Texas and New Mex- ico for a longer period not exceeding fifty years, with the approval of the water-users’ associa- tion or associations under any such project, or- ganized in conformity with the rules and regula- tions prescribed by the Secretary of the Interior in pursuance of section 498 of this title. (Apr. 16, 1906, ch. 1631, § 5, 34 Stat. 117; Feb. 24, 1911, ch. 155, 36 Stat. 930.) Editorial Notes REFERENCES IN TEXT The said reclamation Act, referred to in text, means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. See section 561 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables. § 523. Storage and transportation of water for ir- rigation districts, etc. Whenever in carrying out the provisions of the reclamation law, storage or carrying capacity 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 necessary to cover cost of carriage and delivery of such water through their works. (Feb. 21, 1911, ch. 141, § 1, 36 Stat. 925.) Editorial Notes REFERENCES IN TEXT The reclamation law, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified gen- erally 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. SHORT TITLE The act of Feb. 21, 1911, which enacted sections 523 to 525 of this title, is popularly known as the ‘‘Warren Act’’. § 524. Cooperation with irrigation districts, etc., in construction of reservoirs and canals In carrying out the provisions of the said rec- lamation Act, and Acts amendatory thereof or supplementary thereto, the Secretary of the In- terior is authorized, upon such terms as may be agreed upon, to cooperate with irrigation dis- tricts, water-users’ associations, corporations, entrymen, or water users for the construction or use of such reservoirs, canals, or ditches as may be advantageously used by the Government and irrigation districts, water-users’ associations, corporations, entrymen, or water users for im- pounding, delivering, and carrying water for ir- rigation purposes: Provided, That the title to and management of the works so constructed shall be subject to the provisions of section 498 of this title: Provided further, That water shall not be furnished from any such reservoir or delivered through any such canal or ditch to any one land- owner in excess of an amount sufficient to irri- gate one hundred and sixty acres: Provided, That nothing contained in sections 523 to 525 of this title shall be held or construed as enlarging or attempting to enlarge the right of the United States, under existing law, to control the waters of any stream in any State. (Feb. 21, 1911, ch. 141, § 2, 36 Stat. 926.) Editorial Notes REFERENCES IN TEXT The said reclamation Act, referred to in text, prob- ably means act June 17, 1902, ch. 1093, 32 Stat. 388, popu- larly known as the Reclamation Act, 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. § 525. Covering proceeds into reclamation fund The moneys received in pursuance of the con- tracts authorized by sections 523 and 524 of this title shall be covered into the reclamation fund and be available for use under the terms of the reclamation Act and the Acts amendatory thereof or supplementary thereto. (Feb. 21, 1911, ch. 141, § 3, 36 Stat. 926.) Editorial Notes REFERENCES IN TEXT The reclamation Act, referred to in text, probably means act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified gen- erally 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. CODIFICATION The words ‘‘the contracts authorized by sections 523 and 524 of this title’’ substituted in text for ‘‘such con- tracts’’. § 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 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. (Dec. 5, 1924, ch. 4, § 4, subsec. J, 43 Stat. 703.) Editorial Notes REFERENCES IN TEXT The Warren Act of February 21, 1911, referred to in text, is act Feb. 21, 1911, ch. 141, 36 Stat. 925, which en- acted sections 523 to 525 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 523 of this title and Tables. Statutory Notes and Related Subsidiaries DEFINITIONS The definitions in section 371 of this title apply to this section.