Title 43, Public LandsRelease 119-102

§542 Reservation of Lien for Charges; Enforcement of Lien; Redemption

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER XIV — PATENTS AND FINAL WATER-RIGHT CERTIFICATES › § 542

Last updated Aug 21, 2026|Official source

Summary

When the government issues a land patent or a water-right certificate under this law, it keeps a first lien on that land and on the water rights that go with it. That lien is ahead of all other claims and is for any money owed to the United States or to those who run the irrigation project for those lands and water rights. If the owner fails to pay what is owed, the title goes to the United States, free of other claims, but the owner or anyone with a mortgage or lien can buy it back within one year after they get notice by paying all amounts due, plus 8 percent interest and costs. If the land is not redeemed, the United States, through the Secretary of the Interior, may sell it. Sale money first pays what is due (with interest and costs) into the reclamation fund. Any leftover money goes to the former owner or the person who holds their rights. The United States may bid at the sale but not more than the amount in default, including interest and costs.

Full Legal Text

Title 43, §542

Public Lands, Source: USLM XML via OLRC

Every patent and water-right certificate issued under this subchapter shall expressly reserve to the United States a prior lien on the land patented or for which water right is certified, together with all water rights appurtenant or belonging thereto, superior to all other liens, claims, or demands whatsoever for the payment of all sums due or to become due to the United States or its successors in control of the irrigation project in connection with such lands and water rights. Upon default of payment of any amount so due title to the land shall pass to the United States free of all encumbrance, subject to the right of the defaulting debtor or any mortgagee, lien holder, judgment debtor, or subsequent purchaser to redeem the land within one year after the notice of such default shall have been given by payment of all moneys due, with 8 per centum interest and cost. And the United States, at its option, acting through the Secretary of the Interior, may cause land to be sold at any time after such failure to redeem, and from the proceeds of the sale there shall be paid into the reclamation fund all moneys due, with interest as herein provided, and costs. The balance of the proceeds, if any, shall be the property of the defaulting debtor or his assignee: Provided, That in case of sale after failure to redeem under this section the United States shall be authorized to bid in such land at not more than the amount in default, including interest and costs.

Reference

Citations & Metadata

Citation

43 U.S.C. § 542

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102