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Show 241 Rehabilitation and Betterment.-As previously noted, early provisions preclude an increase in construction charges once they are announced and in the absence of an agreement by a majority of the water users.534 A problem thus arose where- ever extraordinary maintenance or large replacement expendi- tures became necessary because of flood or other damage to works, or because of deferred maintenance. Only a partial answer could be found in the Secretary's authority to agree to an increase in the construction obligation which might be undertaken by the water users, such increase to be paid in annual installments beginning after the due date of the last construction-charge payment.535 Moreover, many projects have for some time been operated and maintained by water users at their own expense.636 In such cases, there were no operation and maintenance charges as between the water users and the Government.537 During the "depression" and war years, much deferred main- tenance had accumulated, and there was a resulting need for major rehabilitation and betterment work on many of the older reclamation projects, involving costs which water users could not currently finance.538 In 1949, Congress provided a basis for solution of this prob- lem in a statute defining "Rehabilitation and Betterment" to mean maintenance, including replacements, which cannot be financed currently, but not to include costs of construction.539 Expenditures of funds for rehabilitation and betterment are permitted but only after the water-users' organization shall have obligated itself for repayment in installments fixed in accordance with its ability to pay, as determined by the Secre- 834 Act of August 13,1914, § 4, 38 Stat. 686, 687, 43 U .S. C. 469. 835 Id. 588 Reclamation Handbook, Department of the Interior, Bureau of Recla- mation, p. 44 (1942). 887 Ibid. 838 H. Rep. No. 589, pp. 1-2 and Sen. Rep. No. 501, p. 1, both 81st Cong., 1st sess. (1949). 689 Act of October 7, 1949, § 1, 63 Stat 724, 43 U. S. C. 504 (Supp. Ill), as amended by Act of March 3,1950, 64 Stat. 11. |