Title 43, Public LandsRelease 119-102

§423a Construction Charges on Permanently Unproductive Lands Already Paid; Disposition

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER V — ADMINISTRATION OF EXISTING PROJECTS › § 423a

Last updated Aug 21, 2026|Official source

Summary

Construction charges paid before May 25, 1926 for lands that are permanently unproductive and left out of the project must be used as a credit against charges due or coming due on any remaining irrigable land under the same water-right contract or on land taken in exchange under section 423c. If that credit is more than the unpaid and future charges, the extra must be paid in cash to the water-right holder or to the irrigation district, which must then settle with the landowners. If all the applicant’s irrigable lands are excluded as permanently unproductive and no exchange is made under section 423c, the total construction charges paid before May 25, 1926, minus any operation and maintenance charges that have built up, must be refunded in cash. The water-right contract will be canceled and any liens for water-right charges will be released.

Full Legal Text

Title 43, §423a

Public Lands, Source: USLM XML via OLRC

The construction charges prior to May 25, 1926, paid on permanently unproductive lands excluded from the project shall be applied as a credit on charges due or to become due on any remaining irrigable land covered by the same water-right contract or land taken in exchange as provided in section 423c of this title. If the charges so paid exceed the amount of all water-right charges due and unpaid, plus the construction charges not yet due, the balance shall be paid in cash to the holder of the water-right contract covering the land so excluded or to the irrigation district affected; which in turn shall be charged with the responsibility of making suitable adjustment with the landowners involved. Should all the irrigable lands of a water-right applicant be excluded from the project as permanently unproductive, and no exchange be made as provided in said section, the total construction charges paid before May 25, 1926, less any accrued charges on account of operation and maintenance, shall be refunded in cash, the water-right contract shall be canceled, and all liens on account of water-right charges shall be released.

Reference

Citations & Metadata

Citation

43 U.S.C. § 423a

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102