43 U.S.C. § 492

Operation and maintenance charges generally

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In addition to the construction charge, every water-right applicant, entryman, or landowner under or upon a reclamation project shall also pay, whenever water service is available for the irrigation of his land, an operation and maintenance charge based upon the total cost of operation and maintenance of the project, or each separate unit thereof, and such charge shall be made for each acre-foot of water delivered; but each acre of irrigable land, whether irrigated or not, shall be charged with a minimum operation and maintenance charge based upon the charge for delivery of not less than one acre-foot of water. If the total amount of operation and maintenance charges and penalties collected for any one irrigation season on any project shall exceed the cost of operation and maintenance of the project during that irrigation season, the balance shall be applied to a reduction of the charge on the project for the next irrigation season, and any deficit incurred may likewise be added to the charge for the next irrigation season.

Notes of Decisions

Cited in 10 cases, 1932–2013 · leading case: San Luis Unit Food Producers v. United States, 709 F.3d 798 (9th Cir. 2013).

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San Luis Unit Food Producers v. United States, 709 F.3d 798 (9th Cir. 2013). “” 43 U.S.C. § 492 . Charges to recoup the cost of construction “shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project.”

San Luis Unit Food Producers v. United States, 772 F. Supp. 2d 1210 (E.D. Cal. 2011). “43 U.S.C. § 492 . Plaintiffs argue that “Defendants are violating this statutory command by refusing to sell millions of acre-feet of water to Unit irrigators and, thereby, failing to collect a billion dollars or so for the federal treasury.”

State, Dept. of Ecology v. Acquavella, 935 P.2d 595 (Wash. 1997). “See 43 U.S.C. § 492 . All irrigable lands within the district that are capable of using water from the project, whether or not they actually receive water, must pay a minimum fee toward operation costs.”

Dep't of Ecology v. Acquavella, 131 Wash. 2d 746 (Wash. 1997). “See 43 U.S.C. § 492 . All irrigable lands within the district that are capable of using water from the project, whether or not they actually receive water, must pay a minimum fee toward operation costs.”

Foster v. Sunnyside Valley Irrigation Dist., 687 P.2d 841 (Wash. 1984). “§ 492 , which provides, in part: In addition to the construction charge, every water-right applicant, entryman or landowner under or upon a reclamation project shall also pay, whenever water service is available for the irrigation of his land, an operation and maintenance charge…”

Grant Cnty. Black Sands Irrigation Dist. v. United States Bureau of Reclamation, 579 F.3d 1345 (Fed. Cir. 2009). “43 U.S.C. §§ 492 , 493. The Secretary of the Interi- or, however, was granted discretionary authority to transfer the operation and maintenance of all or any part of the irrigation project works to a water users’ association or an irrigation district.”

United States v. Fort Belknap Irrigation Dist., 197 F. Supp. 812 (D. Mont. 1961). · cites it 2× “Under section 5 ( 43 U.S.C.A. § 492 ) the water users must pay annually an “operation and maintenance” charge.”

Peterson v. United States Dep't of the Interior, 899 F.2d 799 (9th Cir. 1990). “See 43 U.S.C. § 492 (enacted in 1914); 43 U.S.”

United States v. 129.4 Acres of Land, 789 F.2d 715 (9th Cir. 1986). “The statutory basis for this argument is 43 U.S.C. § 492 , which provides that “every .”

Wilbur v. Burley Irrigation Dist., 58 F.2d 871 (D.C. Cir. 1932). “687 (43 USCA §§ 492, 499), the operation of the gravity unit was taken over by the Minidoka irrigation district on January 1, 1917.”

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