§493 — Title 43 Public Lands | U.S. Code

Summary

Projects in place before December 5, 1924 must have their operation and maintenance charges paid on the date the Secretary of the Interior sets. If the charge is paid on or before that date, the payer gets a 5 percent discount. All new projects and new divisions approved after December 5, 1924 must require operation and maintenance charges to be paid in advance. If a project’s care, operation, and maintenance are turned over to the water users, the contract must also require advance payment. When water charges are adjusted under sections 371, 376, 377, 412, 417, 433, 438, 462, 463, 466, 467, 473, 474, 478, 493, 494, 500, 501, and 526, the adjustment contract must make future operation and maintenance charges payable in advance.

Title 43, §493

Public Lands — Source: USLM XML via OLRC

All operation and maintenance charges upon projects existing prior to December 5, 1924, shall become due and payable on the date fixed for each project by the Secretary of the Interior, and if such charge is paid on or before the date when due there shall be a discount of 5 per centum of such charge. All contracts providing for new projects and new divisions of projects approved after December 5, 1924, shall require that all operation and maintenance charges shall be payable in advance. In each case where the care, operation, and maintenance of a project or division of a project are transferred to the water users the contract shall require the payment of operation and maintenance charges in advance. Whenever an adjustment of water charges is made under section 371, 376, 377, 412, 417, 433, 438,11 See References in Text note below. 462, 463,1 466, 467,1 473,1 474,1 478, 493, 494, 500, 501 and 526 of this title the adjustment contract shall provide that thereafter all operation and maintenance charges shall be payable in advance.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 438 of this title, referred to in text, was repealed by act Aug. 13, 1953, ch. 428, § 10, 67 Stat. 568. section 463, 467, 473, and 474 of this title, referred to in text, were repealed by act May 25, 1926, ch. 383, § 47, 44 Stat. 650. Codification First paragraph of this section is comprised of part of first sentence of section 6 of act Aug. 13, 1914. Remainder of first sentence of such section 6 is classified to section 479, 494, and 495 of this title; second and third sentences of such section 6 are classified to section 496 and 497 of this title, respectively. Second paragraph of this section is from act Dec. 5, 1924. Language was inserted in the first paragraph of this section limiting it to projects existing prior to Dec. 5, 1924, to avoid conflict with second paragraph applicable to projects after Dec. 5, 1924.

Statutory Notes and Related Subsidiaries

Definitions The definitions in section 371 of this title apply to this section.

§493 Operation Charges; Date of Payment; Discount; Advance Payment