Through 1942

356

BLOCK 223, TOWN SITE OF HEYBURN

An act providing for the issuance of patent to the Boyle Commission Company for block numbered 223, town site of Heyburn, Idaho. (Act of May 17, 1926, ch. 315, 44 Stat. 1471)

[Patent to Boyle Commission Company.]-The Secretary of the Interior is hereby authorized and directed to issue a patent under the Act of April 16, 1906 (Thirty-fourth Statutes, page 116), and the Act of June 27, 1906 (Thirtyfourth Statutes, page 519), to the Boyle Commission Company, for block numbered 223, town site of Heyburn, Idaho, without requiring any further payments on account of the purchase price fixed for said land: Provided, That, except for the reduction thus made in the purchase price, the issuance of patent shall be subject to all the conditions and limitations of the aforesaid Acts of April 16, 1906, and June 27, 1906. (44 Stat. 1471)

EXPLANATORY NOTES

References in the Text. The Acts of April 16, 1906 (Thirty-fourth Statutes, page 116), and of June 27, 1906 (Thirtyfourth Statutes, page 519), referred to in the text, deal, respectively, with town sites and power development, and with farm

units, town sites and desert land entries. Both Acts appear herein in chronological order.

Legislative History. H.R. 4681, Private Law 48 in the 69th Congress. H.R. Rept. No. 136. S. Rept. No. 683.

357

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 of May 25, 1926, ch. 383, 44 Stat. 636)

[Sec. 1. Adjustment of water-right charges on specified projects.]—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: (44 Stat. 636)

EXPLANATORY Note

Reference in the Text. Subsection K, section 4 of the Act of December 5, 1924 (Forty-third Statutes at Large, page 701), referred to in the text, deals with surveys

authorized to be made whenever it appears that settlers are unable to pay construction costs. The Act is the Fact Finders' Act, which appears herein in chronological order.

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)

358

THE OMNIBUS ADJUSTMENT ACT-SEC. 4

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 waterlogged;

(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.

(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 classification 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:

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

THE OMNIBUS ADJUSTMENT ACT-SEC. 10

359

(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, permanenty 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;

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 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)

360

THE OMNIBUS ADJUSTMENT ACT-SEC. 11

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.

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 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. (44 Stat. 639)

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;

(1) The Secretary of the Interior is hereby authorized to reclassify all lands within the Klamath irrigation district and to place in the temporarily unproductive class such lands as he determines are properly subject to this classification. (b) One hundred and twenty-nine acres, Horsefly 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; Act of June 23, 1932, 47 Stat. 332; 43 U.S.C. § 610)

« Previous Continue »

Books