
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC423]

 
                         TITLE 43--PUBLIC LANDS
 
  CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
 
            SUBCHAPTER V--ADMINISTRATION OF EXISTING PROJECTS
 
Sec. 423. Permanently unproductive lands; exclusion from 
        project; disposition of water right
        
    All lands found by the classification made under the supervision of 
the Board of Survey and Adjustments (House Document 201, 69th Congress, 
1st Session, checked and modified as outlined in General Recommendations 
numbered 2 and 4, Page 60 of said document), to be permanently 
unproductive shall be excluded from the project and no water shall be 
delivered to them after the date of such exclusion unless and until they 
are restored to the project. Except as herein otherwise provided, the 
water right formerly appurtenant to such permanently unproductive lands 
shall be disposed of by the United States under the reclamation law: 
Provided, That the water users on the projects shall have a preference 
right to the use of the water: And provided further, That any surplus 
water temporarily available may be furnished upon a rental basis for use 
on lands excluded from the project under this section, on terms and 
conditions to be approved by the Secretary of the Interior.

(May 25, 1926, ch. 383, Secs. 40, 41, 44 Stat. 647.)


Sections 423 to 423g and 610 Unaffected by Sections 451 to 451k of This 
                                  Title

    Section 10 of act Aug. 13, 1953, ch. 428, 67 Stat. 568, provided in 
part that: ``Nothing contained in this Act [enacting sections 451 to 
451k of this title] shall be held to repeal, supersede, or supplement 
the provisions for exchange and matters related thereto contained in the 
Act of May 25, 1926 (44 Stat. 636), as amended and supplemented 
[sections 423 to 423g and 610 of this title].''

                  Section Referred to in Other Sections

    This section is referred to in sections 423b, 423d, 423f, 424, 424b, 
424c, 424d of this title.
