THE OMNIBUS ADJUSTMENT ACT

An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes. (Act May 25, 1926, ch. 383, 44 Stat. 636)

[Sec. 1. Adjustment of water-right charges on specified projects.]— That the Secretary of the Interior be, and he is hereby, empowered and directed to make, under subsection K, section 4, act of December 5, 1924 (Forty-third Statutes at Large, page 701), in connection with the irrigation projects hereinafter named, adjustment of water-right charges standing upon the records of said projects as of June 30, 1925, as follows:

BELLE FOURCHE PROJECT, SOUTH DAKOTA

Sec. 2. [Deductions from total cost.]-There shall be deducted from the total cost of said project the following sums:

(1) $355,809, or such an amount as represents the actual construction charges as found by the Secretary of the Interior against the following lands:

(a) One thousand two hundred and eight acres permanently unproductive because of topography steep and rough heretofore eliminated;

(b) Six thousand eight hundred and ninety-seven acres permanently unproductive because of topography steep and rough; based on present land classification.

(2) $119,606 on account of operation and maintenance deficit prior to reclamation extension act of 1914.

(3) $12,036 on account of error or mistake representing Johnson Creek lateral storage investigations and Nine Mile location surveys as shown on page 14 of House Document Numbered 201, Sixty-ninth Congress, first session. (44 Stat. 636.)

Sec. 3. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) Ten thousand five hundred acres temporarily unproductive for lack of fertility in the soil, seepage, and excessive alkali salts;

(b) Six thousand eight hundred and ninety-five acres, Willow Creek lands awaiting further developments, temporarily unproductive;

All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and shown in the table on page 14 of said Document 201, checked and modified as outlined in General recommendations " numbered 2 and 4, page 60 of said document. (44 Stat. 636.)

88508-37-22

330

OMNIBUS ADJUSTMENT ACT

BOISE PROJECT, IDAHO

Sec. 4. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) Two thousand nine hundred and ninety acres, Arrowrock division, temporarily unproductive for lack of fertility in the soil and being water-logged;

(b) Four hundred and eight acres. Arrowrock division, Nampa and Meridian district, temporarily unproductive for lack of fertility in the soil, being water-logged;

(c) Two thousand six hundred and fifty acres, Arrowrock division, temporarily unproductive because of light, sandy soil that blows easily;

(d) Three hundred and eighty-eight acres, Arrowrock division, temporarily unproductive because of porous soil difficult to irrigate.

All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and as shown in the table on page 15 of said Document 201, checked and modified as outlined in "General recommendations" numbered 2 and 4, page 60, of said document. (44 Stat. 637.)

CARLSBAD PROJECT, NEW MEXICO

Sec. 5. [Deductions from total cost.]-There shall be deducted from the total cost of the said project the sum of $374,885.69 on account of error and mistake in providing for additional storage in Lake McMillan Reservoir as follows:

(1) Acquisition of flowage rights required for additional storage, rights of way, and expenses incidental thereto, $164,383.62.

(2) For additional and incidental construction required for said additional storage, $210,502.07, as follows:

(a) Preliminary surveys, and so forth, $6,718.62.

(b) Extra dam construction, $89,153.13. (c) Holes in reservoir bottom, $2,379.52.

(d) Spillway numbered 1, $49,549.80.

(e) Spillway numbered 2, $62,701. (44 Stat. 637.)

Sec. 6. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: One thousand and five acres temporarily unproductive for lack of fertility in the soil because of seepage and alkalinity; all as shown by classifi cation heretofore made under the supervision of the Board of Survey and Adjustments and as shown in the table on page 17 of said Document 201, checked and modified as outlined in "General recommendations" numbered 2 and 4, page 60, of said document. (44 Stat. 637.)

GRAND VALLEY PROJECT, COLORADO

Sec. 7. [Deductions from total cost.]-There shall be deducted from the total cost of said project the following sums:

$760,628, or such an amount as represents the construction costs as found by the Secretary of the Interior against the following lands:

OMNIBUS ADJUSTMENT ACT

331

(a) Nine thousand one hundred and seven acres permanently unproductive for lack of fertility in the soil, shallow soil, alkalinity, and unfavorable topography;

(b) One thousand six hundred and fifty acres, West End Extension, permanently unproductive because of unfavorable topography, shallow soil, and alkalinity. (44 Stat. 637.)

Sec. 8. [Construction charges suspended.]-When construction charges are announced for the productive lands of the project all payments of construction charges shall be suspended against the following lands:

(a) Seven thousand one hundred and fifty acres temporarily unproductive for lack of fertility in the soil, seepage, and alkalinity; (b) Eleven thousand eight hundred and sixty-three acres of productive lands temporarily unproductive because no construction thus far of the Garfield pumping division, or of the Loma siphon land extension, or any other means of reclaiming the same, and there being no present demand for these unirrigated lands.

All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and shown in the table on page 19 of said Document 201, checked and modified as outlined in "General recommendations" numbered 2 and 4, page 60, said document. (44 Stat. 638.)

HUNTLEY PROJECT, MONTANA

Sec. 9. [Deductions from total cost.]-There shall be deducted from the total cost of said project the following sums:

(1) $46,987, or such amount as represents the actual construction charges as found by the Secretary of the Interior against the following lands:

(a) Four hundred and four acres, Pryor division, permanently unproductive because eroded and marginal to the river;

(b) Four hundred and twenty-seven acres, Eastern and Fly Creek divisions, permanently unproductive for lack of fertility in the soil. (2) $81,354 on account of operation and maintenance deficit prior to reclamation extension act of 1914.

The Secretary is further directed to assume as a definite loss such sums as in his judgment may be just and proper in connection with moneys expended for experiments with reclamation on alkali lands and costs in excess of contracted returns, such total not to exceed $41,000. (44 Stat. 638.)

Sec. 10. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) Eleven thousand one hundred and seventy acres, Pryor division, temporarily unproductive, being gumbo and alkali soil; (b) One thousand three hundred and thirty-six acres, Pryor division, temporarily unproductive, being private lands unpledged; (c) Nine hundred and seventy acres, Eastern and Fly Creek divisions, temporarily unproductive, seeped.

All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and as shown in

332

OMNIBUS ADJUSTMENT ACT

the table on page 21 of said Document 201, checked and modified as outlined in "General recommendations" numbered 2 and 4, page 60 of said document. (44 Stat. 638.)

KING HILL PROJECT, IDAHO

Sec. 11. [Deduction from total cost.]-There shall be deducted from the total cost of said project the following sum:

(1) $531,958, or such amounts as represent actual construction charges as found by the Secretary of the Interior against the following lands:

(a) Seven hundred and ten acres permanently unproductive, being not susceptible of improvements because of lack of fertility in the soil;

(b) Three thousand seven hundred and sixty-four acres on account of inadequate water supply, porous soil, and gravelly subsoil. (44 Stat. 638.)

Sec. 12. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands:

(a) One thousand eight hundred and ninety-eight acres, on account of probably insufficient water supply, porous soil, and sandy and porous subsoil;

(b) Five hundred and sixteen acres included in town sites and suspended areas.

Áll as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and as shown in the table on page 23 of said Document 201, checked and modified as outlined in "General recommendations" numbered 2 and 4, page 60 of said document. (44 Stat. 639.)

KLAMATH PROJECT, OREGON

Sec. 13. [Deduction from total cost.]-There shall be deducted from the total cost of said project the following sum:

(1) $1,587, or such amounts as may be actual construction charges as found by the Secretary of the Interior against the following lands: (a) Thirty-eight acres main divisions, Klamath irrigation district, permanently unproductive for lack of fertility in the soil. Stat. 639.)

(44

Sec. 14. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) Five hundred and seventeen acres, main division, Klamath irrigation district, temporarily unproductive for lack of fertility in the soil;

(b) One hundred and twenty-nine acres, Horsefly irrigation district, temporarily unproductive for lack of fertility in the soil;

(c) Eighty-three acres, Langell Valley irrigation district, temporarily unproductive for lack of fertility in the soil.

All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments, as shown in the table on page 27 of said Document 201, as checked and modified as recommended in "General recommendations" numbered 2 and 4, page 60 of said Document 201. (44 Stat. 639.)

OMNIBUS ADJUSTMENT ACT

NOTE

333

Amendment.-Subparagraph (a) of this section was amended by act of June

23, 1932.

Sec. 15. [Adjustment of construction charges against Tule Lake division.]-The Secretary is further authorized and directed when announcement is made of the construction charges for the Tule Lake division of this project to take into consideration the recommendation of the board on page 26 of said Document 201, that a loss to the reclamation fund will ultimately ensue on this division and also a probable loss of $34,000 from lands of the Horsefly irrigation district by reason of the construction of the Gerber Reservoir, and he is further authorized and directed to deduct from the cost of said. division the sum of $234,407 as recommended by the Board of Survey and Adjustments on page 26 of said document, and to fix and allocate the construction cost per acre in accordance with the findings and recommendations of the said board on page 26 of said document. The construction charge against the area in this division now under contract shall also be adjusted accordingly: Provided, That the construction charges shall in no event exceed a just and equitable charge against the Tule Lake division based on the value of water for irrigation under the economic conditions prevailing, notwithstanding such charges may not return the full cost of construction. (44 Stat.. 639.) Sec. 16. [Suits of Klamath Irrigation District to set aside contract with California-Oregon Power Co. not affected.]-Nothing in this act shall be held to affect or prejudice the claims of the Klamath irrigation district or the State of Oregon in any suit or action now or hereafter instituted to set aside that certain contract between the United States and the California-Oregon Power Company, dated February 24, 1917, together with all contracts or modifications thereof, and to set aside or cancel the sale made by the United States of the so-called Ankeny and Keno Canals and the lands embraced in the rights of way thereof in the year 1923 to the said CaliforniaOregon Power Company. (44 Stat. 639.)

LOWER YELLOWSTONE PROJECT, MONTANA-NORTH DAKOTA

Sec. 17. [Deduction from total cost.]-There shall be deducted from the total cost of said project the following sum:

(1) $382,254, or such amount as represents the actual construction charges as found by the Secretary of the Interior against the following lands:

(a) Five hundred and seventy-four acres permanently unproductive on account of right of way of the Great Northern Railway. (b) Seven hundred and eighty-eight acres permanently unproductive, embracing town sites.

(c) Six thousand and seventy-seven acres on account of error in original estimate of irrigable area. (44 Stat. 640.)

Sec. 18. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) Five hundred acres temporarily unproductive because of dam age by erosion;