Whenever two-thirds of the irrigable area of any project, or division of a project, shall be covered by water-right contracts between the water users and the United States, said project shall be required, as a condition precedent to receiving the benefits of sections 371, 376, 377, 412, 417, 433, 438,11 See References in Text note below. 462, 463,1 466, 467,1 473,1 474,1 478, 493, 494, 500, 501, and 526 of this title to take over, through a legally organized water-users’ association or irrigation district, the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as the Secretary may prescribe, and thereafter the United States, in its relation to said project, shall deal with a water users’ association or irrigation district, and when the water users assume control of a project, the operation and maintenance charges for the year then current shall be covered into the construction account to be repaid as part of the construction repayments.
Notes of Decisions
In Re Uintah Basin, 2006 UT 19 (Utah 2006).
“702 (codified as amended at 43 U.S.C. § 500 (2005)). This Act mandated that operation and maintenance of reclamation projects be turned over to a water users association or an irrigation district.”
Strawberry Water Users Ass'n v. Bureau of Reclamation, 133 P.3d 410 (Utah 2006).
“702 (codified as amended at 43 U.S.C. § 500 (2005)). This Act mandated that operation and maintenance of reclamation projects be turned over to a water users association or an irrigation district.”
Nuss v. Pathfinder Irrigation Dist., 336 N.W.2d 584 (Neb. 1983).
“See, also, 43 U.S.C. § 500 (1976). The contract between the defendant and the United States under which the canal and its works were transferred to the defendant by the United States in 1926 provides that the defendant take over the “care, operation, and maintenance” of the…”
Strawberry Water Users Ass'n v. United States, 222 Ct. Cl. 130 (Ct. Cl. 1979).
“Article 10 provided: "Said contract of September 28, 1926 be and the same is hereby modified to the extent that the care, operation and maintenance, (management and control but not the title) of said 56,869.”
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