43 U.S.C. § 423d: Amendment of existing water…

Summary

The Secretary of the Interior may change existing water-right contracts when the contract holder asks, if the changes are needed to carry out sections 423–423g and 610. Before making any change, the Secretary must get a contract from the local water-users’ association or irrigation district. That group must agree to pay the United States the full charges for all productive lands left in the project, even if some individual farms are behind on payments, after permanently unproductive land is dropped and temporarily unproductive land has its charges suspended under those sections. After that, the Secretary can extend times to pay construction charges that aren’t yet due, but repayment may not go beyond 40 years from when the first payment under the original contract became due. He can also delay unpaid operation, maintenance, or water-rental charges for up to 5 years, with 6% interest paid each year until they are paid. The Secretary may finish and sign the supplemental contract negotiated on May 25, 1926 with the Belle Fourche Irrigation District, and when that supplemental contract ends, enter a permanent contract on the same terms.

Title 43, §423d

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The Secretary of the Interior is authorized, in his discretion, to amend any existing water-right contract to the extent necessary to carry out the provisions of sections 423 to 423g and 610 of this title, upon request of the holder of such contract. The Secretary of the Interior, as a condition precedent to the amendment of any existing water-right contract, shall require the execution of a contract by a water-users’ association or irrigation district whereby such association or irrigation district shall be required to pay to the United States, without regard to default in the payment of charges against any individual farm unit or tract of irrigable land, the entire charges against all productive lands remaining in the project after the permanently unproductive lands shall have been eliminated and the charges against temporarily unproductive areas shall have been suspended in the manner and to the extent authorized and directed by sections 423 to 423g and 610 of this title. The Secretary is authorized, in his discretion, upon request of individual water users or districts, and upon performance of the condition precedent above set forth, to amend any existing water-right contract to provide for increase in the time for payment of construction charges, which have not been accrued, to the extent that may be necessary under the conditions in each case, subject to the limitation that there shall be allowed for repayment not more than forty years from the date the first payment matured under the original contract, and also to extend the time for payment of operation and maintenance or water-rental charges due and unpaid for such period as in his judgment may be necessary not exceeding five years, the charges so extended to bear interest payable annually at the rate of 6 per centum per annum until paid, and to contract for the payment of the construction charges then due and unpaid within such term of years as the Secretary may find to be necessary, with interest payable annually at the rate of 6 per centum per annum until paid. The Secretary of the Interior is authorized to complete and execute the supplemental contract, being negotiated on May 25, 1926, and which had, on that date, been approved as to form by the Secretary, between the United States and the Belle Fourche Irrigation District and at the expiration of said supplemental contract to enter into a permanent contract on behalf of the United States with said District in accordance with the terms of said supplemental contract.

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Editorial Notes

References in Text

Sections 423 to 423g and 610 of this title, referred to in text, was in the original “this Act”, meaning act of

May 25, 1926, ch. 383, 44 Stat. 636, which enacted sections 423 to 423g and 610 of this title. section 610 of this title was omitted from the Code. For complete classification of this Act to the Code, see Tables. Codification Section constitutes a part of section 45 of act

May 25, 1926. The remainder of said section 45 (the third par. and the fourth par., except the final proviso, which is classified as the last par. of this section) has been omitted.

§423d Amendment of Existing Water Right Contracts by Secretary of the Interior

Summary

Title 43, §423d

Notes & Related Subsidiaries

Editorial Notes

References in Text

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