
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: 43USC485h-1]

 
                         TITLE 43--PUBLIC LANDS
 
  CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
 
              SUBCHAPTER X--PAYMENT OF CONSTRUCTION CHARGES
 
Sec. 485h-1. Administration of repayment contracts and long-term 
        contracts to furnish water; renewal and conversion; credit for 
        payments; right to available water supply; rates; construction 
        component
        
    In administering subsections (d) and (e) of section 485h of this 
title, the Secretary of the Interior shall--
        (1) include in any long-term contract hereafter entered into 
    under subsection (e) of section 485h of this title provision, if the 
    other contracting party so requests, for renewal thereof under 
    stated terms and conditions mutually agreeable to the parties. Such 
    terms and conditions shall provide for an increase or decrease in 
    the charges set forth in the contract to reflect, among other 
    things, increases or decreases in construction, operation, and 
    maintenance costs and improvement or deterioration in the party's 
    repayment capacity. Any right of renewal shall be exercised within 
    such reasonable time prior to the expiration of the contract as the 
    parties shall have agreed upon and set forth therein;
        (2) include in any long-term contract hereafter entered into 
    under subsection (e) of section 485h of this title with a 
    contracting organization provision, if the organization so requests, 
    for conversion of said contract, under stated terms and conditions 
    mutually agreeable to the parties, to a contract under subsection 
    (d) of section 485h of this title at such time as, account being 
    taken of the amount credited to return by the organization as 
    hereinafter provided, the remaining amount of construction cost 
    which is properly assignable for ultimate return by it can probably 
    be repaid to the United States within the term of a contract under 
    subsection (d) of section 485h of this title;
        (3) credit each year to every party which has entered into or 
    which shall enter into a long-term contract pursuant to subsection 
    (e) of section 485h of this title so much of the amount paid by said 
    party on or before the due date as is in excess of the share of the 
    operation and maintenance costs of the project which the Secretary 
    finds is properly chargeable to that party. Credit for payments 
    heretofore made under any such contract shall be established by the 
    Secretary as soon after July 2, 1956 as it is feasible for him to do 
    so. After the sum of such credits is equal to the amount which would 
    have been for repayment by the party if a repayment contract under 
    subsection (d) of section 485h of this title had been entered into, 
    which amount shall be established by the Secretary upon completion 
    of the project concerned or as far in advance thereof as is 
    feasible, no construction component shall be included in any charges 
    made for the furnishing of water to the contracting party and any 
    charges theretofore fixed by contract or otherwise shall be reduced 
    accordingly;
        (4) provide that the other party to any contract entered into 
    pursuant to subsection (d) of section 485h of this title or to any 
    long-term contract entered into pursuant to subsection (e) of 
    section 485h of this title shall, during the term of the contract 
    and of any renewal thereof and subject to fulfillment of all 
    obligations thereunder, have a first right (to which right the 
    rights of the holders of any other type of irrigation water contract 
    shall be subordinate) to a stated share or quantity of the project's 
    available water supply for beneficial use on the irrigable lands 
    within the boundaries of, or owned by, the party and a permanent 
    right to such share or quantity upon completion of payment of the 
    amount assigned for ultimate return by the party subject to payment 
    of an appropriate share of such costs, if any, as may thereafter be 
    incurred by the United States in its operation and maintenance of 
    the project works; and \1\
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    \1\ So in original. The word ``and'' probably should not appear.
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        (5) Provide \2\ for payment of rates under any contract entered 
    into pursuant to said subsection (e) in advance of delivery of water 
    on an annual, semiannual, bimonthly, or monthly basis as specified 
    in the contract.\3\
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    \2\ So in original. Probably should not be capitalized.
    \3\ So in original. The period probably should be ``; and''.
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        (6) include a reasonable construction component in the rates set 
    out in any long-term contract hereafter entered into under 
    subsection (e) of section 485h of this title prior to amortization 
    of that part of the cost of constructing the project which is 
    assigned to be repaid by the contracting party.

(July 2, 1956, ch. 492, Sec. 1, 70 Stat. 483; Pub. L. 96-375, Sec. 8, 
Oct. 3, 1980, 94 Stat. 1507.)

                          Codification

    Section was not enacted as part of the Reclamation Project Act of 
1939 which comprises this subchapter.


                               Amendments

    1980--Cl. (5). Pub. L. 96-375 authorized payments on a bimonthly and 
monthly basis.

                  Section Referred to in Other Sections

    This section is referred to in sections 485h-2, 485h-3, 485h-4, 
485h-5 of this title.
