43 U.S.C. § 469

Increase in construction charges

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No increase in the construction charges shall, after August 13, 1914, be made, after the same have been fixed by public notice, except by agreement between the Secretary of the Interior and a majority of the water-right applicants and entrymen to be affected by such increase, whereupon all water-right applicants and entrymen in the area proposed to be affected by the increased charge shall become subject thereto. Such increased charge shall be added to the construction charge and payment thereof distributed over the remaining unpaid installments of construction charges: Provided, That the Secretary of the Interior, in his discretion, may agree that such increased construction charge shall be paid in additional annual installments, each of which shall be at least equal to the amount of the largest installment as fixed for the project by the public notice theretofore issued. And such additional installments of the increased construction charge, as so agreed upon shall become due and payable on December 1 of each year subsequent to the year when the final installment of the construction charge under such public notice is due and payable: Provided further, That all such increased construction charges shall be subject to the same conditions, penalties, and suit or action as provided in sections 478, 480, and 481 of this title.

Notes of Decisions
Cited in 5 cases, 1929–1989 · leading case: United States v. Fort Belknap Irrigation District
United States v. Fort Belknap Irrigation District (1961) mtd · cites it 3× “Was the work performed “maintenance” or “construction”? Under Section 4 of the Reclamation Extension Act ( 43 U.S.C.A. § 469 ) no increase in “construction” maybe made without the consent of the water users.”
Kennewick Irrigation District v. United States (1989) ca9 “43 U.S.C. § 469 (prohibiting increases in construction charges once they have been established by public notice, unless agreed upon by majority of water-right applicants and Secretary of Interior).”
Fox v. Ickes (1943) cadc “687 , 43 U.S.C.A. § 469 . 7 1925, 268 U.S. 50 , 45 S.”
Ickes v. Fox (1936) cadc · cites it 2× “687 , § 4, 43 U.S.C.A. § 469 ) providing: “No increase in the construction charges shall, after August 13, 1914, be made, after the same have been fixed by public notice, except by agreement between the Secretary of the Interior and a majority of the water-right applicants and…”
United States v. Charles L. Donohoe Co. (1929) cand “686 [43 USCA § 469]), provides that construction charges so estimated and assessed shall not be increased, as they often were far beyond the value of the land and to the utter ruin of the owner, save after notice and by agreement between the Secretary and a majority of the…”
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