Title 43 — Public LandsRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Patents and water‑right certificates must keep a first claim by the United States on the land and its water rights to secure payments owed. If payments are missed, title goes to the United States, but the debtor or other claimants have one year to redeem the land by paying everything due with 8 percent interest and costs. If not redeemed, the Secretary of the Interior may sell the land, pay what is owed into the reclamation fund, return any leftover money to the debtor or assignee, and the United States may bid up to the amount due.

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

Apr 5, 2026

Release point: 119-73not60