43 U.S.C. § 642

Liens for expenses of reclamation

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Under any law heretofore or hereafter enacted by any State, providing for the reclamation of arid lands, in pursuance and acceptance of the terms of the grant made in section 641 of this title, a lien or liens is authorized to be created by the State to which such lands are granted and by no other authority whatever, and when created shall be valid on and against the separate legal subdivisions of land reclaimed, for the actual cost and necessary expenses of reclamation and reasonable interest thereon from the date of reclamation until disposed of to actual settlers; and when an ample supply of water is actually furnished in a substantial ditch or canal, or by artesian wells or reservoirs, to reclaim a particular tract or tracts of such lands, then patents shall issue for the same to such State without regard to settlement or cultivation: Provided, That in no event, in no contingency, and under no circumstances shall the United States be in any manner directly or indirectly liable for any amount of any such lien or liability, in whole or in part.

Notes of Decisions

Cited in 2 cases, 1939–1980 · leading case: Andrus v. Idaho, 445 U.S. 715 (1980).

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Andrus v. Idaho, 445 U.S. 715 (1980). · cites it 2× “434 , 43 U. S. C. § 642 . Although § 642 refers to the "grant" made under § 641, the context indicates that the word is loosely used to refer to the state laws enacted in acceptance of the terms of the Carey Act.”

North Side Canal Co. v. Idaho Farms Co., 107 F.2d 481 (9th Cir. 1939). “By the amendment of June 11, 1896, 43 U.S.C.A. § 642 , the provision shown on the margin was added to the original Carey Act.”

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