[Salt Lake Basin project, Utah-Contracts for payments by districts required.]-Salt Lake Basin project, Utah, first division: For construction of Echo Reservoir, Utah Lake control, and Weber-Provo Canal, and incidental operations, $900,000: Provided, That any unexpended balance of any appropriation available for the Salt Lake Basin project for the fiscal year 1925 shall remain available during the fiscal year 1926: Provided further, 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, or water users' association or associations providing for payment by the district or districts, or water users' association or associations, as hereinafter provided: 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. (43 Stat. 1170) EXPLANATORY NOTE Provision Repeated. Similar provisions relating to the Salt Lake Basin project are contained in the Interior Department Appropriation Act for 1927, Act of May 10, 1926, 44 Stat. 484, except that the following is added at the end: "and the operation and maintenance charges, if any, payable to the United States for the first year after such public notice shall be transferred to and paid as a part of the construction payment." [Yakima project, Kittitas division, Washington-Contracts for payments— Appropriate repayment contracts-Provisions in contracts-No construction expenditure until State assumes development, etc., of project after completionState to provide funds-Advance payments required.]-Yakima project (Kittitas division), Washington: For construction of the Kittitas division and incidental operations, $375,000: 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. (43 Stat. 1170) EXPLANATORY NOTE Provision Repealed. Section 7(c) of the Act of May 6, 1949 (63 Stat. 62), which appears herein in chronological order, repealed all except the first sentence under this subheading. The repealed provisions read as follows: "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 provided for herein shall be expended for construction on account of any lands in private ownership until an appropriate repayment contract 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 execu INTERIOR DEPARTMENT APPROPRIATION ACT, 1926 339 tion thereof shall have been confirmed by decree of a court competent jurisdiction, which contract, among other things, shall contain a provision for an appraisal, showing the present actual bona fide value of all such irrigable lands fixed without reference to the proposed construction of said Kittitas division, and shall provide that until one-half 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 project shall be entered subject to the conditions of this section which shall be applicable thereto: Provided further, That no part of the sum hereby appropriated shall be expended for construction until a contract or contracts shall have been executed between the United States and the State of Washington pursuant to its land 1. Contract with State settlement act embodied in chapter 188, Laws of 1919, as amended by chapter 90, Laws of 1921, and by chapters 34 and 112, Laws of 1923, or additional enactments, if necessary, 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. NOTE OF OPINION sion of the Yakima project. However, the Secretary may make a supplemental agreement with the State, limiting the expenditure of the State to $75,000, which amount is in proportion to the land still to be developed. First Assistant Secretary Opinion, December 13, 1933. * EXPLANATORY NOTES Not Codified. Extracts of this act shown here are not codified in the U.S. Code. Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts appear herein only in the act in which first used. * Legislative History. H.R. 10020, Public Law 580 in the 68th Congress. H.R. Rept. No. 1033. S. Rept. No. 839. H.R. Repts. Nos. 1482, 1584 and 1663 (conference reports). 340 COLORADO RIVER FRONT WORK AND LEVEE SYSTEM ADJACENT TO YUMA PROJECT [Extract from] An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Act of March 3, 1925, ch. 467, 43 Stat. 1186) Sec. 16. [Reclamation fund to be reimbursed for work on Colorado River adjacent to Yuma project-Transfer to reclamation fund of amount for levee work, fiscal year 1926.]—(a) There is hereby authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, the sum of $650,000, or so much thereof as may be necessary, to reimburse the reclamation fund for the benefit of the Yuma Federal irrigation project in Arizona and California for all costs, as found by the Secretary of the Interior, heretofore incurred and paid from the reclamation fund for the operation and maintenance of the Colorado River front work and levee system adjacent to said project. (b) There is hereby authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, the sum of $50,000, or so much thereof as may be necessary, to be transferred to the reclamation fund and to be expended under the direction of the Secretary of the Interior for the purpose of paying the operation and maintenance costs of said Colorado River front work and levee system adjacent to said Yuma project, ArizonaCalifornia, for the fiscal year ending June 30, 1926. (48 Stat. 1198) (c) Repealed. 342 SOUTH PLATTE RIVER COMPACT An act to grant the consent and approval of Congress to the South Platte River Compact. (Act of March 8, 1926, ch. 46, 44 Stat. 195) | Consent of Congress to Compact.]—The consent and approval of Congress is hereby given to the compact signed by the commissioners for the States of Colorado and Nebraska at the city of Lincoln, State of Nebraska, on the 27th day of April, anno Domini 1923, and thereafter approved by the Legislature of the State of Colorado by an Act approved February 26, 1925 (Session Laws, Colorado, 1925, chapter 179, pages 529-541), and by the Legislature of the State of Nebraska by an act approved May 3, 1923 (Session Laws, Nebraska, 1923, chapter 125, pages 299-310), which compact is as follows: "The State of Colorado and the State of Nebraska, desiring to remove all causes of present and future controversy between said States, and between citizens of one against citizens of the other, with respect to the waters of the South Platte River, and being moved by considerations of interstate comity, have resolved to conclude a compact for these purposes and, through their respective governors, have named as their commissioners: "Delph E. Carpenter for the State of Colorado, and Robert H. Willis for the State of Nebraska, who have agreed upon the following articles: "In this compact— "ARTICLE I "1. The State of Colorado and the State of Nebraska are designated, respectively, as 'Colorado' and 'Nebraska.' "2. The provisions hereof respecting each signatory State shall include and bind its citizens and corporations and all others engaged or interested in the diversion and use of the waters of the South Platte River in that State. "3. The term 'upper section' means that part of the South Platte River in the State of Colorado above and westerly from the west boundary of Washington County, Colorado. "4. The term 'lower section' means that part of the South Platte River in the State of Colorado between the west boundary of Washington County and the intersection of said river with the boundary line common to the signatory States. "5. The term 'interstate station' means that stream-gauging station described in Article II. "6. The term 'flow of the river' at the interstate station means the measured flow of the river at said station, plus all increment to said flow entering the river beween the interstate station and the diversion works of the western irrigation district in Nebraska. "ARTICLE II "1. Colorado and Nebraska, at their joint expense, shall maintain a streamgauging station upon the South Platte River at the river bridge near the town |