U.S. Code » Title 43 » Chapter CHAPTER 12— RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › Subchapter SUBCHAPTER IX— CONSTRUCTION CHARGES

43 U.S.C. § 465

Charges for water service prior to notice of construction charge

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Whenever water is available and it is impracticable to apportion operation and maintenance charges as provided in section 492 of this title, the Secretary of the Interior may, prior to giving public notice of the construction charge per acre upon land under any project, furnish water to any entryman or private landowner thereunder until such notice is given, making a reasonable charge therefor, and such charges shall be subject to the same penalties and to the provisions for cancellation and collection as herein provided for other operation and maintenance charges.

Notes of Decisions
Cited in 4 cases, 1976–2012 · leading case: United States v. Tulare Lake Canal Co., 535 F.2d 1093 (9th Cir. 1976).
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United States v. Tulare Lake Canal Co., 535 F.2d 1093 (9th Cir. 1976). “689 , 43 U.S.C. § 465 , was interpreted to permit project water to be furnished to excess lands until the Department gave official public notice of the construction charges allocated to each tract.”
In Re Gift, 469 B.R. 800 (Bankr. M.D. Tenn. 2012). “1982) (collection of unlawful charges and penalties by consular officers); 43 U.S.C.A. § 465 (Law. Co-op. 1980) (charges and penalties payable to the Secretary of Interior); 43 U.”
In Re Brentwood Outpatient Ltd., 134 B.R. 267 (Bankr. M.D. Tenn. 1991). “1982) (collection of unlawful charges and penalties by consular officers); 43 U.S.C.S. § 465 (Law.Co-op.1980) (charges and penalties payable to the Secretary of Interior); 43 U.”
United Fam. Farmers, Inc., Etc. v. Thomas S. Kleppe, Etc., 552 F.2d 823 (8th Cir. 1977). “Trust deeds normally did not require that excess lands be sold until this notice was given. The notice was often delayed, excess lands were supplied with water for a considerable period of time, and the redistribution of such lands was delayed indefinitely.”
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