333 MESA DIVISION, YUMA AUXILIARY PROJECT Joint resolution to authorize the appropriation of certain amounts for the Yuma irrigation project, Arizona, and for other purposes. (Act of February 21, 1925, ch. 291, 43 Stat. 962) [Amounts authorized to furnish water-Moneys received to be covered into reclamation fund-Installment payments-Existing contracts to conform to payments.]—There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000, to be paid out of the reclamation fund established by the act of June 17, 1902 (Thirty-second Statutes, page 388), for operation and maintenance and completion of construction of the irrigation system required to furnish water to all of the irrigable lands in part 1 of the Mesa division, otherwise known as the first Mesa unit of the Yuma auxiliary project, authorized by the act of January 25, 1917 (Thirtyninth Statutes, page 868), as amended by the act of February 11, 1918 (Fortieth Statutes, page 437): Provided, That all moneys received by the United States in payment of land and water rights in said part 1 of the Mesa division, beginning one year from the date this act becomes effective, shall be covered into the reclamation fund until the sum advanced from said fund hereunder is fully paid: Provided further, That the purchase price of land and water rights hereafter sold in said part 1 of the Mesa division shall be paid to the United States in ten equal installments, the first of which shall be due and payable at the date of purchase, and the remaining installments annually thereafter, with interest on deferred installments at the rate of 6 per centum per annum, payable annually; and the Secretary of the Interior is authorized, at any time within one year from the date this act becomes effective to amend any existing uncompleted contract for the purchase of land and water rights so that the aggregate amount of principal and interest remaining unpaid under such contract may be paid in ten equal installments in accordance with the conditions of this proviso, beginning with the date of amendatory contract: And provided further, That land and water rights in said part 1 of the Mesa division heretofore or hereafter offered at public sale under said act of January 25, 1917, and not disposed of at such public sale may be sold later at private sale at not less than $25 per acre for the land and at $200 per acre for the water right. (43 Stat. 962) EXPLANATORY NOTES Not codified. This Act is not codified in the U.S. Code. References in the Text. The Act of January 25, 1917 (Thirty-ninth Statutes, page 868), as amended by the Act of February 11, 1918 (Fortieth Statutes, page 437), referred to in the text, authorized the Yuma Auxiliary project, Arizona. Both Acts appear herein in chronological order. Legislative History. S.J. Res. 172, Public Resolution 51 in the 68th Congress, S. Rept. No. 907. 334 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1926 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1926, and for other purposes. (Act of March 3, 1925, ch. 462, 43 Stat. 1141) [Maintenance of headquarters outside District of Columbia except for office of chief engineer prohibited.]-Provided, That no part of said appropriations may be used for maintenance of headquarters for the Bureau of Reclamation outside the District of Columbia except for the office of the chief engineer (43 Stat. 1166) * * EXPLANATORY NOTE Provision Repeated. An identical provision is carried in the appropriation act of May 10, 1926 (44 Stat. 453); also in the appropriation act of January 12, 1927 (44 Stat. 934). In the appropriation act of March 7, 1928 (45 Stat. 227), the words "and staff" are added after "chief engineer." The act of March 4, 1929 (45 Stat. 1589), extends the appropriation to cover certain field officers of the Division of Reclamation Economics. This provision was carried in the Interior appropriation acts until omitted in the Interior Appropriation Act of 1938, approved August 9, 1937. The Interior Appropriation Act of 1942, approved June 28, 1941, established a branch of the Washington office in the Denver office on a nonreimbursable basis. [Sun River project-Contracts for payments-No extension until Montana assumes development-State funds-Charges payable in advance.]—Sun River project, Montana: *** Provided, That no part of this appropriation shall be used for construction purposes until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law, providing for payment by the district or districts as hereinafter provided. The Secretary of the Interior shall by public notice announce the date when water is available under the project: Provided further, That no part of the sum hereby appropriated shall be expended for the construction of new canals or for the extension of the present canal system for the irrigation of lands outside of the forty thousand acres for the irrigation of which a canal system is now provided, until a contract or contracts shall have been executed between the United States and the State of Montana, whereby the State shall assume the duty and responsibility of promoting the development and settlement of the project after completion, securing, selecting, and financing of settlers to enable the purchase of the required livestock, equipment, and supplies and the improvement of the lands to render them habitable and productive. The State shall provide the funds necessary for this purpose and shall conduct operations in a manner satisfactory to the Secretary of the Interior: Provided further, That the operation and maintenance charges on account of land in this project shall be paid annually INTERIOR DEPARTMENT APPROPRIATION ACT, 1926 335 in advance not later than March 1, no charge being made for operation and maintenance for the first year after said public notice. It shall be the duty of the Secretary of the Interior to give such public notice when water is actually available for such lands. (43 Stat. 1166) [North Platte project-Balance available-Power plant and revenues applied to construction costs.]-North Platte project, Nebraska-Wyoming: For operation and maintenance, continuation of construction, and incidental operations, $510,000: *** (43 Stat. 1167) EXPLANATORY NOTE Proviso Repealed. A proviso which was repealed by section 1 of the Act of May 25, 1948, 62 Stat. 273, read as follows: "Provided further, That all net revenues from any power plant connected with this 1. Application of power revenues project shall be applied to the repayment of the construction costs incurred by the government on the project until such obligations are fully repaid. NOTES OF OPINIONS Where the administrative officers of the Government fail to apply the net profits derived from the operation of a project power plant annually to the operation and maintenance costs of the project taken over by an irrigation district as required by subsection I of section 4 of the act of December 5, 1924, and such profits together with the amount paid by the irrigation district would have liquidated the debt of the district, no penalty can be charged against the district. First Assistant Secretary Dixon Opinion, 53 I.D. 257 (1931) The net power revenues creditable to each of the four districts of the North Platte project should be credited each year on the annual installment of the construction charge of each district, without regard to the classification of the land, and the districts should agree to distribute the credit equally per acre to all of the irrigable lands of the districts, including land in class 5. Such distribution should be subject to the condition of the Act of March 3, 1925, 43 Stat. 1167, and to the restriction set forth in the last sentence of subsection I of the Act of December 5, 1924, 43 Stat. 703. Solicitor's Opinion, M-25908 (August 27, 1932) [Newlands project, Spanish Springs division-Contract with irrigation district required-Contract required of Southern Pacific Co. for sale of irrigated lands, etc.-Water right canceled if sale fraudulent-Contract with Nevada to assume development of project-Advance payments-Priority of present users-Power-plant revenues.]-Newlands project, Spanish Springs division, Nevada: * * * Provided, That no water shall be delivered to irrigators on this division outside of the limits of the Truckee-Carson project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law providing for payment by the district or districts as hereinafter provided; Pro 336 INTERIOR DEPARTMENT APPROPRIATION ACT, 1926 vided further, That no part of the sum provided for herein shall be expended for construction on account of any lands owned by the Southern Pacific Company until an appropriate contract in form approved by the Secretary of the Interior shall have been properly executed by the said company, fixing the price and conditions of sale of said lands, to actual settlers, and such contract shall provide that until one-half of the construction charges against said lands shall have been fully paid no sale of any such lands shall be valid unless and until the purchase price involved in such sale is approved by the Secretary of the Interior, and shall also provide that upon proof of fraudulent representation as to the true consideration involved in any such sale the Secretary of the Interior is authorized to cancel the water right attaching to the land involved in such fraudulent sale; and all public lands irrigable under the Spanish Springs division shall be entered subject to the conditions of this section which shall be applicable thereto: Provided further, That the Secretary of the Interior is authorized to enter into such contract or contracts as may be possible whereby the State of Nevada, or local interests, shall aid in promoting the development and settlement of the project after completion by the securing and selection of settlers and the financing of them to enable the purchase of the required livestock, equipment, and supplies and the improvement of the lands to render them habitable and productive: Provided further, That the operation and maintenance charges on account of land in this division shall be paid annually in advance not later than March 1, no charge being made for operation and maintenance for the first year after said public notice. It shall be the duty of the Secretary of the Interior to give such public notice when water is actually available for such lands: Provided further, That the existing water rights of the present water users of the Newlands project shall have priority over the water rights of the proposed Spanish division: Provided further, That the lands on the existing project below the Lahontan Reservoir shall not be liable for any part of the construction costs of the Spanish Springs division: Provided further, That all net revenues from any power plant connected with the Spanish Springs division of the Newlands project shall be applied to the repayment of the construction costs incurred by the Government on said division until such obligations are fully repaid and all net revenues from any power plant connected with the Lahontan Reservoir of the Newlands project shall be applied to the repayment of the construction costs incurred by the Government on the existing project until such obligations are fully repaid. (43 Stat. 1167) [Vale project-Contracts for payments by districts-Repayment contracts required of districts-No water delivery until Oregon assumes development of project after completion-State to provide funds-Advance payments-Pur INTERIOR DEPARTMENT APPROPRIATION ACT, 1926 337 chase of storage reservoir of Warm Springs project-Drainage works.]—Vale project, Oregon: Repealed EXPLANATORY NOTES Provision Repealed. Section 5 of the Act of October 27, 1949, 63 Stat. 943, which appears herein in chronological order, repealed all beginning with the first "Provided" under "Vale Project, Oregon" in this act. The repealed provisions read as follows: "Provided, That no part of this appropriation shall be used for construction purposes on the Vale project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law, providing for payment by the district or districts as hereinafter provided: Provided further, That no part of the sum provided for herein shall be expended for construction on account of any lands in private ownership until an appropriate repayment contract in accordance with the terms of this act and in form approved by the Secretary of the Interior, shall have been properly executed by a district organized under State law, embracing the lands in public or private ownership irrigable under the project and the execution thereof shall have been confirmed by a decree of a court of competent jurisdiction, which contract, among other things, shall provide for an appraisal approved by the Secretary of the Interior, showing the present actual bona fide value of all such irrigable lands, fixed without reference to the proposed construction, and shall provide that until one-half of the construction charges against said lands shall have been fully paid no sale of any such lands shall be valid unless and until the purchase price involved in such sale is approved by the Secretary of the Interior, and shall also provide that upon proof of fraudulent representadion as to the true consideration involved in any such sale the Secretary of the Interior is authorized to cancel the water right attaching to the land involved in such fraudulent sale; and all public lands irrigable under the project shall be entered subject to the conditions of this section, which shall be applied thereto: Provided further, That no water shall be delivered to irrigators on this project until a contract or contracts shall have been executed between the United States and the State of Oregon, whereby the State shall assume the duty and responsibility of promoting the development and settlement of the project after completion, including the subdivision of lands held in private ownership by any individual in excess of one hundred and sixty irrigable acres, the securing, selection, and financing of settlers to enable the purchase of the required livestock, equipment, and supplies and the improvement of the lands to render them habitable and productive. The State shall provide the funds necessary for this purpose and shall conduct operations in a manner satisfactory to the Secretary of the Interior: Provided further, That the operation and maintenance charges on account of land in this project shall be paid annually in advance not later than March 1, no charge being made for operation and maintenance for the first year after said public notice. It shall be the duty of the Secretary of the Interior to give such public notice when water is actually available for such lands: Provided further, That not more than $200,000 of the amount herein appropriated shall be available for purchase of an interest in the existing storage reservoir of the Warm Springs project, said interest to be conveyed to the United States free of all prior liens and encumbrances of every kind whatever: Provided further, That the contract for the purchase of said interest in said reservoir shall also provide for construction of the necessary drainage works by the said Warm Springs and Vale projects and the proportion of cost of said works to be borne by each." |