
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: 43USC485e]

 
                         TITLE 43--PUBLIC LANDS
 
  CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
 
              SUBCHAPTER X--PAYMENT OF CONSTRUCTION CHARGES
 
Sec. 485e. Maintenance and operation of project works; 
        delinquency penalties
        
    In connection with any contract, relating to construction charges, 
entered into pursuant to the authority of this subchapter, the Secretary 
is authorized to require such provisions as he deems proper to secure 
the adoption of proper accounting, to protect the condition of project 
works and to provide for the proper use thereof, and to protect project 
lands against deterioration due to improper use of water. Any such 
contract shall require advance payment of adequate operation and 
maintenance charges. The Secretary is further authorized, in his 
discretion, to require such provisions as he deems proper to penalize 
delinquencies in payments of construction charges or operation and 
maintenance charges: Provided, That in any event there shall be 
penalties imposed on account of delinquencies of not less than one-half 
of 1 per centum per month of the delinquent charge from and after the 
date when such charge becomes due and payable: Provided further, That 
any such contract shall require that no water shall be delivered to 
lands or parties which are in arrears in the advance payment of 
operation and maintenance or toll charges, or to lands or parties which 
are in arrears for more than twelve months in the payment of 
construction charges due from such lands or parties to the United States 
or to the organization in which the lands or parties are included, or to 
any lands or parties included in an organization which is in arrears in 
the advance payment of operation and maintenance or toll charges or in 
arrears more than twelve months in the payment of construction charges 
due from such organization to the United States.

(Aug. 4, 1939, ch. 418, Sec. 6, 53 Stat. 1191.)
