---
kind: "range"
citation: "43 U.S.C. §§ 477–481"
title: "43"
from: "477"
to: "481"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/43/477..481"
---

# §477. Association or irrigation district as fiscal agent of Government


The [Secretary](/usc/43/31b.md?p=7) of the Interior is authorized, in his discretion, to designate and appoint, under such rules and regulations as he may prescribe, the legally organized water-users’ [association](/usc/43/31b.md?p=2) or irrigation [district](/usc/43/316a.md?p=2), under any reclamation project, as the fiscal agent of the United States to collect the annual payments on the construction charge of the project and the annual charges for operation and maintenance and all penalties: Provided, That no water-right applicant or entryman shall be entitled to credit for any payment thus made until the same shall have been paid over to an officer designated by the [Secretary](/usc/43/31b.md?p=7) of the Interior to receive the same.


# §478. Pecuniary penalty for nonpayment of installments of construction charges


If any water-right applicant or entryman shall have, prior to December 5, 1924, failed to pay any installment of his construction charges when due, there shall be added to the amount unpaid a penalty of 1 per centum thereof, and there shall be added a like penalty of 1 per centum of the amount unpaid on the first day of each month thereafter so long as such default shall have continued: Provided, That the penalty of 1 per centum per month against delinquent accounts, is reduced to one-half of 1 per centum per month, as to all installments which may become due after December 5, 1924.


# §479. Shutting off water for nonpayment of construction charge


No water shall be delivered to the lands of any water-right applicant or entryman who shall be in arrears for more than one calendar year for the payment of any annual construction charge and penalties.


# §480. Cancellation of water right or entry for nonpayment of construction charge


If any water-right applicant or entryman shall be one year in default in the payment of any installment of the construction charges and penalties, or any part thereof, his water-right application, and if he be a homestead entryman his entry also, shall be subject to cancellation, and all payments made by him forfeited to the reclamation [fund](/usc/43/1602.md?p=k), but no homestead entry shall be subject to contest because of such default.


# §481. Action to recover construction charges and penalties


If the [Secretary](/usc/43/31b.md?p=7) of the Interior shall so elect, he may cause suit or action to be brought for the recovery of the amount of the construction charges in default and penalties; but if suit or action be brought, the right to declare a cancellation and forfeiture of the entry or water-right application as provided in [section 480 of this title](/usc/43/480.md) shall be suspended pending such suit or action.


