43 U.S.C. § 511: Authority to contract with…

Summary

The Secretary of the Interior can make a contract with any legally organized irrigation district so the district will pay money due to the United States under the Reclamation Act of June 17, 1902. If the Secretary chooses, individual landowners do not have to file separate water-right applications. The Secretary can set payment dates for construction and for operation and maintenance to fit the district and State tax laws. The Secretary can also require penalties or interest for late payments if those are consistent with State law. The Secretary may accept a partial payment without giving up the right to collect the rest or any interest or penalties that apply. A contract is not binding on the United States until a court with proper authority confirms the district’s authorization to make the contract, or while an appeal is pending if there is a proper ground for appeal.

Title 43, §511

Public Lands, Source: USLM XML via OLRC

In carrying out the purposes of the Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and supplementary thereto and known as the reclamation law, the Secretary of the Interior may enter into contract with any legally organized irrigation district whereby such irrigation district shall agree to pay the moneys required to be paid to the United States, and in such event water-right applications on the part of landowners and entrymen, in the discretion of the Secretary of the Interior, may be dispensed with. In the event of such contract being made with an irrigation district, the Secretary of the Interior, in his discretion, may contract that the payments, both for the construction of irrigation works and for operation and maintenance, on the part of the district shall be made upon such dates as will best conform to the district and taxation laws of the respective States under which such irrigation districts shall be formed, and if he deem it advisable he may contract for such penalties or interest charges in case of delinquency in payments as he may deem proper and consistent with such State laws, notwithstanding the provisions of section 471, 472, 475, 478 to 481, 492, 493, 494 to 497 and 499 of this title. The Secretary of the Interior may accept a partial payment of the amount due from any district to the United States, providing such acceptance shall not constitute a waiver of the balance remaining due nor the interest or penalties, if any, accruing upon said balance: Provided, That no contract with an irrigation district under this section and section 512 and 513 of this title shall be binding on the United States until the proceedings on the part of the district for the authorization of the execution of the contract with the United States shall have been confirmed by decree of a court of competent jurisdiction, or pending appellate action if ground for appeal be laid.

Editorial Notes

References in Text

Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

§511 Authority to Contract with Irrigation District

Summary

Title 43, §511

Notes & Related Subsidiaries

Editorial Notes

References in Text

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