45 Stat. 785 EXTENSION OF TIME OF CONSTRUCTION CHARGES ON RIO GRANDE PROJECT An act extending the time of construction payments on the Rio Grande Federal irrigation project, New Mexico-Texas. (Act May 28, 1928, ch. 815, 45 Stat. 785) [Sec. 1. After payment of first four installments, construction charge payable in installments of $3.60.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to enter into amended contracts with the Elephant Butte irrigation district, of New Mexico, and El Paso County water improvement district Numbered 1, of Texas, whereby, after the payment of the first four annual installments, as now provided for in existing contracts, upon the construction charge under the Rio Grande Federal irrigation project, New Mexico-Texas, the remaining unpaid construction charge per irrigable acre shall be payable annually in installments of $3.60. Stat. 785.) (45 Sec. 2. [Annual payments to continue until obligation discharged.]— These annual payments shall continue until the total construction charge against said districts is paid. (45 Stat. 786.) Sec. 3. [Existing contracts to remain otherwise unaltered.]-The existing contracts between the United States and Elephant Butte irrigation district, of New Mexico, and between the United States and El Paso County water improvement district Numbered 1 shall remain unaltered except as herein otherwise directed. (45 Stat. 786.) 45 Stat. 883 SPECIAL PROVISIONS OF SECOND DEFICIENCY ACT, FISCAL YEAR 1928 [Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1928, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1928, and June 30, 1929, and for other purposes. (Act May 29, 1928, ch. 853, 45 Stat. 883) [Avalon Reservoir, beginning enlargement of.]-Carlsbad project, New Mexico: For beginning the enlargement of Avalon Reservoir, fiscal years 1928 and 1929, $250,000, payable from the reclamation fund. (45 Stat. 902.) [Newlands project-Survey and examination of water storage reservoir sites-Truckee River-Test borings-Carson River.]-Newlands project, Nevada: The unexpended balance of the appropriation of $50,000 for the survey and examination of water storage reservoir sites on the headwaters of the Truckee River, and for other purposes, contained in the act making appropriations for the Department of the Interior for the fiscal year 1928, shall continue available during the fiscal year 1929 for the same purposes, including test borings, and shall also be available for the survey and examination of water storage reservoir sites on the Carson River, investigations of dam sites at such storage reservoirs, and estimates of costs, with recommendations in regard thereto. (45 Stat. 902.) NOTE Artesian well.—The Comptroller General, in decision A-24552, dated October 4, 1928, held that there is no authority for the expenditure of the above appropriation for the sinking of an artesian well proposed to be located on a site in the Truckee Meadows several miles down the river and not on a possible water storage reservoir site "on the headwaters of the Truckee River." But see Newlands project item in Interior Department appropriation act for fiscal year 1930, approved March 4, 1929 (Pub. No. 1033, 70th Cong., 2d sess. 45 Stat. 1562), page 48. [Hatch and Santa Teresa, New Mexico, claims.]-Damage claims: For payment in full settlement of all claims against the Government for flood damages to the owners of certain lands near Hatch and Santa Teresa, New Mexico, fiscal year 1929, $70,000, payable from the reclamation fund in accordance with section 2 of the act of February 25, 1927: Provided, That in addition to the above amount there shall be available for the same purpose such portion of the ap propriation of $5,000 contained in the deficiency act of December 22, 1927, as may not be required to defray the expense of ascertaining the amount of such damages. (45 Stat. 903.) Hatch claims.-Comptroller General's decision A-23558, July 27, 1928; contains instructions regarding the preparation of claims for compensation under the above provision. Vouchers should be forwarded for settlement by the General Accounting Office, signed by the claimants and supported in each case by (a) proof of residence and citizenship; (b) by a showing as to the damage suffered; (c) by certificate by the superintendent that the sum recommended in settlement is reasonable, and (d) by the title data called for by the decision. On March 29, 1929, by decision A-23558, the Comptroller General held that appropriations for the Hatch flood damage claims are reimbursable and are chargeable to the operation and maintenance costs of the project. 45 Stat. 1011 BOARD TO EXAMINE SITE FOR DAM PROPOSED UNDER BOULDER DAM BILL Joint resolution to appoint a board of engineers to examine and report upon the dam to be constructed under H. R. 5773, the Boulder Dam bill. (Pub. Res. 65, S. J. Res. 164, May 29, 1928, ch. 918, 45 Stat. 1011) [Examination and report to be made prior to December 1, 1928Compensation of board-Construction plans to be approved by boardPresident's sanction and approval essential-Expenses.]-That the Secretary of the Interior is hereby authorized and directed to appoint a board of five eminent engineers and geologists, at least one of whom shall be an engineer officer of the Army on the active or retired list, to examine the proposed site of the dam to be constructed under the provisions of H. R. 5773, Seventieth Congress, first session, and review the plans and estimates made therefor, and to advise him prior to December 1, 1928, as to matters affecting the safety, the economic and engineering feasibility, and adequacy of the proposed structure and incidental works, the compensation of said board to be fixed by him for each, respectively, but not to exceed $50 per day and necessary traveling expenses, including a per diem of not to exceed $6, in lieu of subsistence, for each member of the board so employed for the time employed and actually engaged upon such work: And provided further, That the work of construction shall not be commenced until plans there for are approved by said special board of engineers. No authority hereby conferred on the Secretary of the Interior shall be exercised without the President's sanction and approval. The expenses herein authorized shall be paid out of the reclamation fund established by the act of June 17, 1902. (45 Stat. 1011.) NOTE Pursuant to the above act a report was submitted to Congress under date of December 3, 1928. The report was published as House Document No. 446, Seventieth Congress, second session. The Boulder Canyon project act was approved December 21, 1928. See next page. 45 Stat. 1057 BOULDER CANYON PROJECT ACT An act to provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes. (Act December 21, 1928, ch. 42, 45 Stat. 1057) [Sec. 1. Dam at Black or Boulder Canyon for flood control, improving navigation, and for storage and delivery of water-Main canal to supply water for Imperial and Coachella Valleys-Power plant-All works in conformity with Colorado River compact.]--That for the purpose of controlling the floods, improving navigation and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior, subject to the terms of the Colorado River compact hereinafter mentioned, is hereby authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is hereby authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: Provided, however, That no charge shall be made for water or for the use, storage, or delivery of water for irrigation or water for potable purposes in the Imperial or Coachella Valleys; also to construct and equip, operate, and maintain at or near said dam, or cause to be constructed, a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged from said reservoir; and to acquire by proceedings in eminent domain, or otherwise, all lands, rights of way, and other property necessary for said purposes. (45 Stat. 1057.) Textual note.-The Boulder Canyon project act is codified as Chapter 15A, under title 33, in Supp. III, U. S. C. Section 1 appears as section 707. The only change in the text of section 1 is the omission of the word "That " at the beginning of the section. NOTE Miscellaneous reference.-See New Reclamation Era, June, 1930, page 106, citing California legislation regarding the Boulder Canyon project act. 5567-30-2 13 |