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Title 43, Public LandsRelease 119-102

§492 Operation and Maintenance Charges Generally

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER XI — MAINTENANCE AND OPERATION OF WORKS GENERALLY › § 492

Last updated Aug 21, 2026|Official source

Summary

People who apply for water rights, settle on, or own land in a reclamation project must pay an operation and maintenance (O&M) charge in addition to any construction charge when water is available. The O&M charge is based on the project's total O&M cost (or each unit's cost) and is billed for each acre-foot of water, with every irrigable acre charged at least the amount for one acre-foot. If collections plus penalties in a season are more than that season’s O&M cost, the extra lowers next season’s charge; if collections are less, the shortfall is added to the next season’s charge.

Full Legal Text

Title 43, §492

Public Lands, Source: USLM XML via OLRC

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 maintenance charge based upon the total cost of operation 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 season, and any deficit incurred may likewise be added to the charge for the next irrigation season.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of part of first sentence and second sentence of section 5 of act Aug. 13, 1914. Remainder of first sentence of such section is classified to section 499 of this title.

Reference

Citations & Metadata

Citation

43 U.S.C. § 492

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102