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

Summary

If land was found permanently unproductive and left out of the project, any construction payments made before May 25, 1926 must be used as a credit against charges now due or that will become due on the remaining irrigable land under the same water-right contract or on land taken in an allowed exchange. If the credit is larger than all unpaid and not-yet-due charges, the extra must be paid in cash to the contract holder or the irrigation district, which will adjust with the landowners. If all of an applicant’s irrigable land is excluded and no exchange is taken, the construction payments made before May 25, 1926, minus any accrued operation and maintenance charges, must be refunded in cash, the water-right contract canceled, and any liens released.