43 U.S.C. § 461
Determination of construction charges generally
The construction charges which shall be made per acre upon the entries and upon lands in private ownership which may be irrigated by the waters of any irrigation project shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project, and shall be apportioned equitably.
Notes of Decisions
Cited in 11
cases, 1940–2013 · leading case: United States v. Westlands Water Dist., 134 F. Supp. 2d 1111 (E.D. Cal. 2001).
United States v. Westlands Water Dist., 134 F. Supp. 2d 1111 (E.D. Cal. 2001). “00 rate specified in the 1963 Contract was inadequate to recover the escalating costs of the Project and was therefore contrary to the federal reclamation laws, see 43 U.S.C. § 461 , and not binding.” Barcellos, 899 F.”
San Luis Unit Food Producers v. United States, 772 F. Supp. 2d 1210 (E.D. Cal. 2011). “upon lands in private ownership which may be irrigated by the waters of any irrigation project shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project, and shall be apportioned equitably.”
San Luis Unit Food Producers v. United States, 709 F.3d 798 (9th Cir. 2013). “” 43 U.S.C. § 461 (emphasis added). The Bureau must provide notice of “the charges which shall be made per acre upon” the land to be irrigated, “the number of annual installments in which such charges shall be paid[,] and the time when such payments shall commence.”
United States v. Tulare Lake Canal Co., 535 F.2d 1093 (9th Cir. 1976). “389 , 43 U.S.C. § 461 , required the Secretary to establish construction charges for individual tracts with a view of returning the entire estimated cost of construction to the reclamation fund.”
Burley Irr. Dist. v. Ickes, 116 F.2d 529 (D.C. Cir. 1940). “389 , 43 U.S.C. § 461 , 43 U.S.C.A. § 461 . By Act of August 13, 1914, provision was made for cancellation and forfeiture of water-right applications and entry on default in payment of construction charges, for assessment and collection of operation and maintenance charges, 38…”
North Star Steel Co. v. United States, 58 Fed. Cl. 720 (Fed. Cl. 2003). “388 , 389 (codified at 43 U.S.C. § 461 (2000)) “provide[s], among other things that WAPA’s rates and charges must be based upon its cost of providing service.”
North Star Steel Co. v. United States, 68 Fed. Cl. 672 (Fed. Cl. 2005). “388 , 389 (codified at 43 U.S.C. § 461 ); the Reclamation Project Act of 1939, 53 Stat.”
Barcellos & Wolfsen, Inc. v. Westlands Water Dist., 899 F.2d 814 (9th Cir. 1990). “43 U.S.C. § 461 . The original 1902 Act allowed this subsidized water to be sold only to resident farmers and only for parcels of land no larger than 160 acres.”
Minidoka Irrigation Dist. v. Dep't of Interior, 406 F.3d 567 (9th Cir. 2005). “389 , 43 U.S.C. § 461 , required the Secretary to establish construction charges for individual tracts [on land irrigated by the irrigation projects] with a view of returning the entire estimated cost of construction to the reclamation fund.”
Concerned Irrigators v. Belle Fourche Irrigation Dist., 235 F.3d 1139 (8th Cir. 2001). “43 U.S.C. § 461 (1994) provides: The construction charges which shall be made per acre upon the entries and upon lands in private ownership which may be irrigated by the waters of any irrigation project shall be determined with a view of returning to the reclamation fund the…”
Minidoka Irrigation v. Dep't of the Interior (9th Cir. 2005). “389 , 43 U.S.C. § 461 , required the Sec- retary to establish construction charges for individual tracts [on land irrigated by the irrigation projects] with a view of returning the entire estimated cost of construction to the recla- mation fund.”
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