Page:United States Statutes at Large Volume 44 Part 1.djvu/1378

 § 476 (TITLE $8.-—¢Pl anents shall each he 4 per centuxn, and the next fourteen each `A 6 per centunr of the total eenstructlen charge, or tm portion not the qonstrnction · charge unpaid af the ·he@nning of auehl ‘ installments.   ‘ . _ T _  = .auy`.person‘whose land or entry haaprior to August 13, 1914,, become subject to the reclamation law, whe desirw to secure  the henehts of the extension of the period of paymenta proél vided by this seetien, shall, within six montha after- the lasny  ance of the hrst pnblie notice hereunder amecting his land ,or i ’ entry, notify the Secretary of the Interior, in the manner to be 1 preserihed by éaid Secretary, of his accepmnee of all theterms , and eenditions of this chapter,   thereafter his, lands or entry. shall ‘ he subject ·to"all of the provisions of this ehapter: Preoided, That upon sudieient showing the Secretary of the Interier may, ln hia discretion, permit notice of acceptance of alfthe terms and conditions bf this chapter to. be Bled at any time after the. time limit herelnbefore Hxedl for illingsuch accept·‘ ance shall have expired, conditioned, however, that where the applicant. for such acceptance is in arrears on constrilctiopi pnaiaa, he emu at me time or aecepmnee  such manu; ments of theconatruction charge as he would have been required te Da? had he accepted the benehta of " this section within the time limit hereinabove ilxed, plus the penaltleathat would have. accrued had ·he· so accepted, and such applicant g _ shall thereafter be ‘ upon the name status that he would have‘§ _heen"had he accepted the provisions of  amen   the] · tim limit hereinabove dgedyand thereafter the landa or entry { ( of any such persons so- ming such notice of acceptance shall be 1 subject to all ·the provisions of this chapter. (Aug. 13, 1914, J e. 247, $5 2, 14, 38 Stat. 687, 690; July 26,.1916, c..·2;S7, 39* Stat.®0.)._ · v_ _-  ‘ "   ” 476. -!I‘o_ whom construction charged -paid.——The annual in— atallments of construction charges ahall be paid. to .the register ef the loeal land oQoe_ of the district nr which the land is situated. (June 17, 1902, c. 1093, {5; 32 Stat. 889.) · ‘ 477. Association or irrigation district as fiscal agent of Gov- ¢!'¤m.§l\t.»······Th€ Secretary of the Interior is authorized, = in _ his discretion, to designate and `appoint, - paaeagsaen rules and regulations as he may prescribe, the legally organized water? n.sere’ association or irrigation district, under any-;ec1am¤t1¤¤‘ project, as the ilscal agent of the. United States to collect the annual myments on the construction charge of the project and the annual charges for operation and maintenance and all penalties: Provided, That no Wdterdilght applicant o_r entrymian shall', be entitled to •C1'B(]1t for any payment thus made until the same shall have been paid over to an omcer designated by the- Secretary of the Interior to receive the saxne. . (aug. 13, 1914, -‘c._247, »§ 7, 88 Stat. 688.) _ —` ._ Q ’ - I 478. Peenniary penalty for nonpayment of lnatalllnenta of' construction charges.-wif any waterwlght applicant or entry-; man, shall have, prior, to. December _5, 1924, failed topay any installment of. bla- construction éharges when due, there shall M added in the amount unpaid a penalty of1 per centum thereof, and there shall be added a like penalty of 1 per centum of the amount- unpaid oa the amt day of each month ° thereafter ao long aa such default shall have continued.: Provided, That the wnalty°of .1 per eentum  month against delinquent aceeunta, -ls hereby reduced Ito. onehalf of 1- ber centnin per mouth, aa to allinstallmenta which may become due after December 5, 1924.- (Aug. 13, 1914, c.- 247, 88 Stat. p 687 ;  5, 1924, c. 4,- § 4, aubaec. H, 48 Stat. 703.*);} Y · 479. Shutting oE· water. for nonpayment of construction _charge.··——··No water shall bedelirered. to the lands of any waterright applicant or entryman who shall be ln arrearafor more than one calendar year for the payment of any annual eonstructionfchargejand penalties. (Aug. 18, 1914, 1:.247, {.6,, 88— - Stat. 688.) ‘ ’

731410 Luvus Q 1364 480. Cancellation of Jnter rlghtwr entry for nonpayment cr construction charge.-—li any water-right applicant or cntryman shall be onayear in default ln thelpayment of any installment ot the cozmrnction charges and penaltiu, or any part thereof, his watereright application, and if he he a homestead entryman ' ghis entry also, shall be subject to oancellntion, and  pay. ·ments made by him forfeited `to the reclamauon fund, but no hoalestead entry shall be subject to eontut because of such default; (Aug, 13, 191e, c. 247, $.3, & &tatQ.687.) ° _ .481. Action to recover  charges and penalties}-5 _ It the Secretary of t the Interior sham. so elect, he may cause suit or action to be- brought for the recovéy or the amount , or the c0nstructioh charges in default and penalties; but _ it suit. or action be brought, the right to declare a cancellation Y jand forfeiture of the entry or -water·rlght application as provided in the precedlngrscction shall he  pending such ' suit. or action. ,~ (Ang. 13, 1914, c,‘247, { 3, % Stat. Q- MAINTENANCE sAND OPERATION OP WORKS . · - . GENERALL! `» _ · 491; Authority. of Secretary to operate works.-The `Secre- l tary of the interior is authorized and directed to use the reclamation {und tor: the operation and maintenance of all reservoirs and- irrigation _ works constrnctca under the proevlsions 01 this chapter, _(Iune 17, 1992, c. _ 1093, Q 6, 82 Stat. 492. Operation and maintenance charges generally.-+·In addition to the construction charge, every watenrlght applicant, entryman, or landowner; under orc upon a reclan.patio:n project shall also pay, whenever water service is arailahk for the lrrlgation of his land; an operation and maintenance charge upon the total cost of operation and maintenance of the project, or each wparate - unit thereof, and _` such charge shall be » made for each acrefoot ot water delivered; huts e¤& me of lrrlgable laud,' whether irrigated or not, shall he charged with a minimum operation  maintenance charge   open the charge for delivery of not less than one aéredoot ot pate:. If the total amount or operation and maintenance charges and penalties collected for any one lrrlgtion season on any project shall [erceed the cost of operation and Qaiatmance _ ot the ‘ project during that irrigation season, the @1% shall he applied to a reduction of the charge on project for the next irrigation season, ana any iehcit lynrred may likewise he added "to the charge for the-next irrigation season, (Ang. 13, 4.914, c. 247, § 5, 88 Stat. 687.) ` ¤ `‘‘` _ 498. _0peration_ ranges; p whm payable,-·—-All operation and maintenance charges upon _ projects existi¤£ Prior to December -5, 1924, shall become ’due and payable on the date axcd for each project ‘ by the Secretary of the Interlor,` and it such charge is paid on or before the date`·when due there shall he .0. discount of 5 per centuxn of such charg.  . _ -_ ‘ n ‘ All contracts providing for new projects and . new divlsions` of projects approved after December 5, `1924Q shall require that all operation and rnaintenance charge shall be payable ln advance. Intmch case where the carer operadon, and malntenance of a project or division of a project are- transferred to the water users the contract shall__ require the payment ot operation and Z maintenance charges ln adxiance. Whenever lan adjustment or- water charges is made under this chapter the adjustment contract shall provide that `thereafter. all operauon and maintenance. charges shall he payablewin advance. {Ang. .13,--1914, c. 247, { 6, 38 Stat. 688; Dec. 5, 1924, c. 4. §·4, sumec. N, $3 Stat. _704.)_· _ Y . r 494. Pecuniary penalty for nonpayment of operation charge.-·-It any operation or maintenance charge is unpaid on the 1st·day ot the. third mlendar month after it bemme `due, prior to  5,1924, a penalty or 1 per centum ot the