43 U.S.C. § 501
Disposition of profits of project taken over by water users
Whenever the water users take over the care, operation, and maintenance of a project, or a division of a project, the total accumulated net profits, as determined by the Secretary, derived from the operation of project power plants, leasing of project grazing and farm lands, and the sale or use of town sites shall be credited to the construction charge of the project, or a division thereof, and thereafter the net profits from such sources may be used by the water users to be credited annually, first, on account of project construction charge, second, on account of project operation and maintenance charge, and third, as the water users may direct. No distribution to individual water users shall be made out of any such profits before all obligations to the Government shall have been fully paid.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1932–2022 · leading case: Elephant Butte Irrigation District v. United States Department of the Interior
Elephant Butte Irrigation District v. United States Department of the Interior (2008)
“As relevant here, Count I alleged that the Districts were entitled to the revenues listed in Section 4-1 of the Fact Finder’s Act of 1924, 43 U.S.C. § 501 (Section 4-1). Count II challenged DOI’s lease of project lands to the State of New Mexico for recreational purposes and…”
Burley Irr. Dist. v. Ickes (1940)
“703 , 43 U.S.C. § 501 , 43 U.S.C.A. § 501 . Reference has been made previously to the provision concerning the development of power and the limited authorization of disposal of surplus power for commercial use.”
Elephant Butte Irrigation District v. United States Department of Interior (2001)
“43 U.S.C. § 501 (1994) (Section 4-1). Section 4-1 provided for what is called “front end” crediting, under which the water districts would first apply profits to their annual repayment obligations, then to their annual operation and maintenance charges, and finally as the water…”
Schodde v. United States (1934)
“Tho statute relied upon in this connection by defendants is title 43 USCA § 501, to wit: “Disposition of profits of project taken over by water users.”
Minidoka Irrigation District v. Department of Interior (2005)
“43 U.S.C. § 501 . *571 Subsection J of the Fact Finders Act provides: All moneys or profits as determined by the Secretary heretofore or hereafter derived from the sale or rental of surplus water under the Warren Act .”
Elephant Butte Irrigation District v. Department of the Interior (1998)
“In return for the sale of these power privileges, the Irrigation and Improvement Districts received, among other things, the benefits accorded under Subsection I of the Fact Finders Act of 1924, 43 U.S.C. § 501 . The primary benefit under this provision is the right to credit…”
Wilbur v. Burley Irrigation District (1932)
“Thereafter the Minidoka district and the Burley district applied to the Secretary for an apportioning and crediting of the accumulated profits from the operation of the power plant as provided in subsection I of section 4 of the Act of December 5,1924 (43 USCA § 501) as follows:…”
Strawberry Water Users Ass'n v. United States (1979)
“…users shall be made out of any such profits before all obligations to the Government shall have been fully paid.” 43 U.S.C. § 501 (1970).”
Elephant Butte v. DOI (2008)
“As relevant here, Count I alleged that the Districts were entitled to the revenues listed in Section 4-I of the Fact Finder’s Act of 1924, 43 U.S.C. § 501 (Section 4-I). Count II -2- challenged DOI’s lease of project lands to the State of New Mexico for recreational purposes and…”
Howshar v. Larimer County Department of Human/Social Services (2022)
“3d at 611 (alleging a violation of 43 U.S.C. § 501 .). Therefore, the Court finds that the Ex parte Young exception does not apply to this case.”
Minidoka Irrigation v. Department of the Interior (2005)
“43 U.S.C. § 501 . Subsection J of the Fact Finders Act provides: All moneys or profits as determined by the Secretary heretofore or hereafter derived from the sale or rental of surplus water under the Warren Act .”
Northern Colorado Water Conservancy District v. United States (2009)
“703 (1924) (codified at 43 U.S.C. § 501 ). Congress has also authorized the allocation of revenues in legislation relating to the Upper Colorado River Basin Fund and the Lower Colorado Basin Development Fund.”
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