43 CFR 426.23 - Recovery of operation and maintenance (O&M) costs.

§ 426.23 Recovery of operation and maintenance (O&M) costs.
(a) General. All new, amended, and renewed contracts shall provide for payment of O&M costs as specified in this section.
(b) Amount of O&M costs a district must pay if it executes a new or renewed contract. If a district executes a new or renewed contract after October 12, 1982, then that district must pay all of the O&M costs that Reclamation allocates to irrigation.
(c) Amount of O&M costs a district must pay if it amends its contract to conform to the discretionary provisions. If a district has a contract executed prior to October 12, 1982, and the district amends the contract after October 12, 1982, as provided for in § 426.3(a)(2) to conform to the discretionary provisions, then the following applies:
(1) The district must pay all of the O&M costs that Reclamation allocates to irrigation;
(2) If in the year the amendment is executed, the district's contract rate was more than the O&M costs allocated to the district in that year then that positive difference at the time of the contract amendment must continue to be factored into the contract rate and annually paid to the United States. This would be in addition to any adjusted O&M cost that results from paragraph (c)(1) of this section. The positive difference would be factored into the contract rate for the remainder of the term of the contract; and
(3) The district will not be required to pay an increased amount toward the construction costs of a project as a condition of the district's agreeing to a contract amendment pursuant to paragraph (c) of this section.
(d) Amount of O&M cost a district must pay if it amends its contract to provide supplemental or additional benefits. If a district amends its contract after October 12, 1982, to provide supplemental or additional benefits, as provided for in § 426.3(a)(3), then the following must be complied with:
(1) The district must pay all of the O&M costs that Reclamation allocates to irrigation;
(2) If in the year the amendment is executed, the district's contract rate was more than the O&M costs allocated to the district in that year then that positive difference at the time of the contract amendment must continue to be factored into the contract rate and annually paid to the United States. This would be in addition to any adjusted O&M cost that results from paragraph (d)(1) of this section. The positive difference would be factored into the contract rate for the remainder of the term of the contract; and
(3) The district must pay any increases in the amount paid annually toward the construction costs of a project that the United States requires the district to pay as a condition of agreeing to provide the district with supplemental and additional benefits.
(e) Amount of O&M a district pays under a prior contract. For a district whose prior contract was executed prior to October 12, 1982, the district must pay all of the O&M costs allocated by Reclamation to irrigation unless the contract specifically provides contrary terms.
(f) Amount of O&M that Reclamation charges an irrevocable elector.
(1) Regardless of any terms to the contrary within a prior contract with a district, a landholder who makes an irrevocable election, as provided for in § 426.3(f) must pay, annually, his or her proportionate share of all O&M costs allocated by Reclamation to irrigation. The irrevocable elector's proportionate share is based upon the ratio of:
(i) The amount of land in the district held by the irrevocable elector that received irrigation water to the total amount of land in the district that received irrigation water; or
(ii) The amount of irrigation water in the district received by the irrevocable elector to the total amount of irrigation water that the district delivered.
(2) The district(s) where the irrevocable elector's landholding is located must collect from the irrevocable elector an amount equal to the irrevocable elector's proportionate share of all O&M costs allocated by Reclamation to irrigation and the following apply:
(i) If in the year the election is executed, the district's contract rate was more than the O&M costs allocated to the district in that year, then that positive difference at the time of the contract amendment must continue to be factored into the contract rate. This would be in addition to any adjusted O&M cost that results from paragraph (f)(1) of this section. The positive difference would be factored into the contract rate for the remainder of the term of the contract; and
(ii) Such collections must be forwarded annually to the United States.
(g) Amount of O&M that Reclamation charges if a landholder is subject to full- cost pricing. In a district subject to prior law, if a landholder is subject to full-cost pricing the district must ensure that all O&M costs are included in any full-cost assessment, regardless of whether the landholder is subject to the discretionary provisions. The revenues from such full-cost assessments must be collected and submitted to the United States.

Title 43 published on 2013-10-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 43 - PUBLIC LANDS

§ 390aa - Congressional declaration of purpose; short title

§ 390bb - Definitions

§ 390cc - New or amended contracts

§ 390dd - Limitation on ownership

§ 390ee - Pricing

§ 390ff - Certification of compliance

§ 390gg - Equivalency

§ 390hh - Operation and maintenance charges

§ 390ii - Disposition of excess lands

§ 390jj - Water conservation

§ 390kk - Residency not required

43 U.S. Code § -

§ 390mm - Repayment of construction charges

§ 390nn - Trusts

43 U.S. Code § -

§ 390pp - Involuntary foreclosure

§ 390qq - Isolated tracts

§ 390rr - Central Arizona Project

§ 390ss - Religious or charitable organizations

§ 390tt - Contract required

§ 390uu - Waiver of sovereign immunity

§ 390vv - Excess crop restrictions

§ 390ww - Administrative provisions

§ 390xx - Validation of contracts entered into prior to October 1, 1981

§ 390yy - Leasing requirements

§ 390zz - Reporting

43 U.S. Code § 380a, 380b - Omitted

§ 418 - Private lands within project; agreement as to disposal of excess over farm unit

§ 423 - Permanently unproductive lands; exclusion from project; disposition of water right

§ 423a - Construction charges on permanently unproductive lands already paid; disposition

§ 423b - Suspension of payment of construction charges against areas temporarily unproductive

§ 423c - Exchange of unpatented entries; entries, farms or private lands, eliminated from project; rights not assignable; rights of lienholders; preference to ex-service men

§ 423d - Amendment of existing water right contracts by Secretary of the Interior

§ 423e - Completion of new projects or new division; execution of contract with district as condition precedent to delivery of water;...contract; cooperation of States with United States; limitations on sale of land

§ 423f - Purpose of

§ 423g - Adjustment of water right charges as final adjudication on projects and divisions named

§ 423h - Delivery of water to excess lands upon death of spouse

§ 424 - Disposal of lands classified as temporarily or permanently unproductive; persons who may take

§ 424a - Sale of unproductive lands; terms; area purchasable; tracts included

§ 424b - Application of certain statutes to lands sold

§ 424c - Issuance of patents; recitals in patents; reservations

§ 424d - Use of moneys collected from sales, project construction charges and water rentals respecting unproductive lands

§ 424e - Authority of Secretary of the Interior; rules and regulations

§ 425 - Exemption of lands owned by States, etc., from acreage limitation on receipt of irrigation benefits; determination of exempt status

§ 425a - Eligibility of transferred lands owned by States, etc., for receipt of water from a Federal reclamation project, division, or unit; conditions of eligibility; purchase price

§ 425b - Receipt of project water by lessees of irrigable lands owned by States, etc.; time limitation; applicability of acreage limitations

§ 431 - Limitation as to amount of water; qualifications of applicant

§ 434 - Amount of land for which entry may be made; farm unit; subdivision of lands

§ 440 - Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements

§ 451 - Conditions necessary for exchange; terms; credits; rights nonassignable

§ 451a - Persons eligible for benefits

§ 451b - Irrigation construction charges

§ 451c - Cancellation of charges or liens; credits

§ 451d - Disposal of improvements; water rights; revertibility of relinquished land

§ 451e - Amendment of farm unit; application; amount of land; exchange; waiver

§ 451f - Exchanges subject to mortgage contracts

§ 451g - Preferences; veterans; timely applicants

§ 451h - Establishment of farm units; size; contiguous or noncontiguous

§ 451i - “Federal irrigation project” defined

§ 451j - Rules and regulations

§ 451k - Availability of appropriations; expenses as nonreimbursable

§ 462 - Classification of irrigable lands and equitable apportionment of charges

§ 485 - Declaration of policy

§ 485a - Definitions

§ 485b - Amendment of existing repayment contracts

43 U.S. Code § 473, 474 - Repealed. May 25, 1926, ch. 383,

§ 485c - Repealed.

§ 485d - Time of payments to the United States

§ 485e - Maintenance and operation of project works; delinquency penalties

§ 485f - Negotiation of equitable contracts by Secretary

§ 485g - Classification of lands

§ 485h - New projects; sale of water and electric power; lease of power privileges

43 U.S. Code § 473, 474 - Repealed. May 25, 1926, ch. 383,

43 U.S. Code § 473, 474 - Repealed. May 25, 1926, ch. 383,

43 U.S. Code § 473, 474 - Repealed. May 25, 1926, ch. 383,

43 U.S. Code § 473, 474 - Repealed. May 25, 1926, ch. 383,

43 U.S. Code § 473, 474 - Repealed. May 25, 1926, ch. 383,

43 U.S. Code § 473, 474 - Repealed. May 25, 1926, ch. 383,

43 U.S. Code § 473, 474 - Repealed. May 25, 1926, ch. 383,

§ 485i - Rules and regulations

§ 485j - Effect on existing laws

§ 485k - Short title

§ 491 - Authority of Secretary to operate works

§ 492 - Operation and maintenance charges generally

§ 493 - Operation charges; date of payment; discount; advance payment

§ 493a - Omitted

§ 494 - Pecuniary penalty for nonpayment of operation charge

§ 495 - Shutting off water for nonpayment of operation charge

§ 496 - Cancellation of entry or water right for nonpayment of operation charge

§ 497 - Action to recover operation charge and penalty

§ 498 - Transfer of management and operation of works to water users generally

§ 499 - Discretionary power to transfer management

§ 499a - Transfer of title to movable property; use of appropriations

§ 499b - Transfer to municipal corporations or other organizations of care, operation, and maintenance of works supplying water for municipal, domestic, or industrial use

§ 500 - Duty of association or district to take over management

§ 501 - Disposition of profits of project taken over by water users

§ 502 - Emergency fund to assure continuous operation of projects and project facilities governed by Federal reclamation law

§ 503 - “Unusual or emergency conditions” defined

§ 504 - Rehabilitation and betterment of Federal reclamation projects, including small reclamation projects; return of costs; interest; definitions; performance of work

§ 505 - Drainage facilities and minor construction in irrigation works; contracts with repayment organizations; limitation on costs; submission of contract to Congress

§ 511 - Authority to contract with irrigation district

§ 512 - Release of Government liens after contract with irrigation districts

§ 513 - Lands in project subject to provisions of chapter; after contract with irrigation district

§ 544 - Limitation as to holdings prior to final payment of charges; forfeiture of excess holding

Public Laws