devices will be installed and maintained by the project. Any person or corporation desiring to build a bridge or other other structures over, under, in or across a project canal, lateral or drainage ditch, shall first obtain from the project engineering a written permit to build such structures, which permit shall stipulate that it is granted, and accepted by the permittee, on the condition that the repair and maintenance of the structures shall be the duty of the permittee, or his successors, without cost to the project. The permit shall further provide that if any such structure be not regularly used for a period of one year or more the project engineer may notify the person responsible for its maintenance to remove it within a period of 90 days; and that if the structure is not removed within the time allowed, it may thereafter be removed by the project engineer, the cost of such removal to be paid by the party responsible for the maintenance of the structure.

(b) Where a new irrigation project is installed, or an existing project is extended to an area without existing roads, and the construction of roads, bridges or culverts becomes necessary, the project engineer shall investigate the possibility of liquidating all or part of the cost of such construction by securing funds from any governmental agency providing funds for such purposes, and he is authorized to negotiate, subject to the approval of the Commissioner of Indian Affairs, any necessary agreement with such governmental agency.

(c) All persons or corporations are warned against the violation of this section.

$ 200.13 Service ditches.

The farm unit or service ditch into which water is delivered from the project canals or laterals must have ample capacity and be maintained by the water user in proper condition to receive water and convey it to the place of use with a minimum of loss.

$ 200.14 Service ditch as an obstruction.

Any service ditch that has been or may be constructed upon any project canal, lateral or drain ditch right-of-way shall be considered an obstruction and subject to the provisions of § 200.10.

Bills for the yearly assessments of construction and operation and maintenance charges will be issued each year to the owners of record for all tracts of land designated for inclusion in the Wapato project. Where farm units have been subdivided into tracts of less than 40 acres the Secretary of the Interior in his discretion may fix a higher operation and maintenance rate for such subdivided acreage, than the rate fixed for tracts of 40 acres or more. In the event the Secretary does fix the higher rate for such subdivided tracts the individual owners thereof may obtain for their lands the rate fixed for 40 acres or more in single ownership by joining in the execution of a contract, appointing an agent with full authority to enter into such new contract, as may be approved by the Secretary of the Interior, with the project, covering the water right for the entire area of their respective small tracts: Provided, however, Such contract must represent not less than 40 acres: And provided further, That whether such contract be for 40 or more acres of land, it must in either event represent contiguous acreages. When the owners of such lands desire to take advantage of the group contract rate herein provided for they shall execute such contract appointing their agent (the form of such contract to be first approved by the Secretary of the Interior) and have their agent execute the contract for them as provided in this part, for with the project on or before February 1, preceding any irrigation season.

CROSS REFERENCES: For regulations pertaining to construction costs, see Part 211 of this chapter. For order fixing operation and maintenance charges, see §§ 221.86-221.94 of this chapter.

§ 200.16 Crop reports.

A crop and statistical report will be taken each year by the ditchriders or other persons authorized to do so, on forms furnished for that purpose. This report will show the number of acres devoted to each crop, the total yield and a building and livestock census of each farm.

§ 200.17 Complaints.

All complaints must be made in writing to the project engineer.

The irrigation season for the Wind River irrigation project covers the period from May 1 to September 30th. In the event of unusual conditions in the spring, owing to construction or maintenance work on canals or laterals or when the designated opening date appears detrimental to crop production, the proper officers of the United States are authorized to advance or delay, for a period of 15 days, the beginning of the season's operation, and a corresponding change may be made for the date of closing the season, if it is to the best interests of the

project or the farmers so to do. In no event, however, shall the canals be operated during any one season for a period in excess of 6 months.

§ 201.3

Domestic and stock use.

Irrigation projects are primarily built and maintained for serving land with water for the irrigation of crops during the growing season and not for supplying domestic and stock water during the winter months or nonirrigation season. § 201.4 Farm units.

For the purpose of the regulations in this part and the delivery of water, a farm unit is defined as an original allotment, homestead entry or assignment of unallotted tribal land. Assignments of unallotted tribal land shall be made whenever practicable to conform to existing Wind River irrigation facilities. Where an established farm unit already has more than one delivery point, service may be continued to the existing delivery points. Leases covering more than one farm unit may have water delivery at the regularly established farm unit delivery points.

The general rule of the project shall be one delivery point at the upper boundary of the farm unit and the project shall maintain the lateral system to that extent. In special cases where from a cost or topographic standpoint it is impracticable for the landowner or lessee to irrigate the entire irrigable area of his tract from one delivery point, the project engineer is authorized to establish additional delivery points but in no instance shall more than one delivery point be established and maintained when the landowner or lessee can at a reasonable expense provide for delivery by the construction of suitable head ditches.

§ 201.6 Record of deliveries.

Water users who are entitled to the delivery of water shall file with the ditchrider, or other proper operation employee, 48 hours in advance of the time delivery is desired, a properly signed water request card on which is indicated the time delivery is desired, the description of the subdivision, area to be irrigated, and the turnouts to be used. Printed water request cards will be supplied by the project. Request cards are required for each irrigation, and upon completion of a de

livery the water user shall acknowledge same by signing the water request card. Ditchriders are specifically prohibited from making water delivery to any water user until he (the ditchrider) receives notice from the project office that all charges have been paid and proper water request cards have been filed by the water user. Water request cards for all completed deliveries must be filed in the project office at the end of each month during the irrigation season, and he must also file a statement of all uncompleted deliveries with the estimated acreage irrigated under such requests to the end of the month.

§ 201.7 Duty of water.

Water will be delivered, subject to the provisions of the regulations in this part, on a demand basis so long as a sufficient quantity is available for project use. In case of a shortage of water, the project engineer is authorized to adopt a rotation system, either for the entire project or for individual units thereof, when, in his opinion, such action is for the best interests of the project in the apportionment to each water user of his just proportionate share of the available water supply.

§ 201.8 Water users responsible for water after delivery.

It is the duty of the Indian Irrigation Service to furnish water for beneficial irrigation use only, and it is the duty of the water user to assist in the prevention of waste, and also prevent damage to adjacent lands. Water users are responsible for water after it is delivered to their land, and they are required to have their field ditches in suitable condition and of such capacity as to permit the use of economical heads.

Water users will be required to construct and maintain in good order and repair upon their lands, such ditches as may be necessary to catch and conduct to some waste canal, ditch or natural drainage channel, all waste water flowing upon or from their lands. No waste water shall be allowed to flow upon a road or highway right-of-way, and no waste water will be allowed to collect within 20 feet of any canal or lateral belonging to the United States, nor shall any waste water ditches be constructed within 10 feet of any canal or lateral, ex

cept at points of intersection or crossing, and such crossings shall be located and constructed only by order and under the direction of the proper employee of the United States. Water delivery will be refused any water user during such time as he fails or refuses to comply with the provisions of this section.

§ 201.10 Structures.

(a) All necessary headgates, checks, drops, turnouts, flumes and measuring devices will be installed and maintained by the project. Any person or corporation desiring to build a bridge or other structures over, under, in or across a project canal, lateral or drainage ditch, shall first obtain from the project engineer a written permit to build such structures, which permit shall stipulate that it is granted, and accepted by the permittee, on the condition that the repair and maintenance of the structures shall be the duty of the permittee, or his successors, without cost to the project. The permit shall further provide that if any such structure be not regularly used for a period of one year or more the project engineer may notify the person responsible for its maintenance to remove it within a period of 90 days; and that if the structure is not removed within the time allowed, it may thereafter be removed by the project engineer, the cost of such removal to be paid by the party responsible for the maintenance of the structure.

(b) Where a new irrigation project is installed, or an existing project is extended to an area without existing roads and the construction of roads, bridges or culverts becomes necessary, the project engineer shall investigate the possibility of liquidating all or part of the cost of such construction by securing funds from any governmental agency providing funds for such purposes, and he is authorized to negotiate, subject to the approval of the Commissioner of Indian Affairs, any necessary agreement with such governmental agency.

(c) All persons or corporations are warned against the violation of this section.

§ 201.11 Head or service ditches.

The head or service ditches are those ditches to which delivery of water is made by the ditchrider or watermaster from canals or laterals operated and main

tained by the project. Such ditches which have been or may be placed upon the project right of way are considered an encroachment, and are subject to regulation contained in § 201.12. The watermaster and ditchriders are authorized to refuse delivery of water to ditches that are not in proper condition to receive and convey it to the place of use with a minimum loss. While the water is measured at the point of delivery to ditches from canals and laterals operated and maintained by the project and the loss would be to the detriment of the user, the law provides that water must be used beneficially.

For use in the necessary activities and emergencies incident to the operation and maintenance of the irrigation system, there is reserved a right-of-way along all canals, laterals, sublaterals and drains, in addition to the land actually occupied by such channels and their embankments, measured from the outside limits of the embankments or channel, a strip of land of sufficient width on each side of said canals, laterals, sublaterals and drains to permit the operation of maintenance equipment, making repairs and improvements, and travel by the project ditchriders.

§ 201.13

Obstructions; their removal.

No trees, buildings, hay or straw stacks, or other obstructions, are to be placed upon said reserved right-of-way by any adjacent landowners or others. Any trees, buildings, hay or straw stacks, or other obstructions of any kind whatsoever, located upon said right-of-way may be ordered removed by the project engineer, and if not removed by the person or persons placing them thereon they shall be removed under the supervision of the project engineer at his discretion, and the cost of such removal shall be added to the cost of operation and maintenance for the particular tract of land under the project belonging to the persons placing or causing such obstructions to be placed thereon. § 201.14 Fencing.

No fences shall be placed within the right-of-way except those crossing a canal or lateral, and in each case provision shall be made for a gate on each side of the canal or lateral of sufficient width to pass ditch cleaning

equipment and to permit travel on the banks of the canal or lateral by the ditchrider. Such gates must be provided with some approved convenient type of fastening which will permit the ditchrider to open and close them with a minimum loss of time. Any wire or timbers used in fencing across a canal or lateral shall not be closer than 12 inches to the maximum high water surface.

§ 201.15 Water users' ledgers.

Separate entries shall be made in the water users' ledgers for each tract. Bills are issued to the record owner, and payments made thereon are credited to the proper ledger accounts.

No persons other than those specifically designated by the project engineer are authorized to regulate project structures or to interfere in any way with project operated canals or any works appurtenant thereto, or the water flowing therein.

§ 201.18 Crop and statistical report.

A crop and statistical report on forms furnished for that purpose will be taken each year by the ditchrider or some person authorized to do so. This report will show the number of acres devoted to each crop, total yield and value of crops for each unit of the project and for the entire project.