SWAMP AND OVERFLOW LANDS IN MISSISSIPPI 1, 1918, and subsection R of section 4 of the Act of December 5, 1924, the Fact Finders' Act, both include authority for investigations by the Bureau of Reclamation of swamps and cut-over timber lands. Extracts from the 1919 Act and the complete text of 397 the Fact Finders' Act appear herein in chronological order. Legislative History. H.R. 11713, Public Law 517 in the 69th Congress. H.R. Rept. No. 1304. 398 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1928 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1928, and for other purposes. (Act of January 12, 1927, ch. 27, 44 Stat. 934) [Advances for operation and maintenance of projects.]—Any moneys which may have been heretofore or may be hereafter advanced for operation and maintenance of any project or any division of a project shall be covered into the reclamation fund and shall be available for expenditure for the purposes for which advanced in like manner as if said funds had been specifically appropriated for said purposes. *** (44 Stat. 957; 43 U.S.C. § 397a) [Restriction on use for lands in arrears.]-No part of any sum provided for in this act for operation and maintenance of any project or division of a project by the Bureau of Reclamation shall be used for the irrigation of any lands within the boundaries of an irrigation district which has contracted with the Bureau of Reclamation and which is in arrears for more than twelve months in the payment of any charges due the United States, and no part of any sum provided for in this act for such purpose shall be used for the irrigation of any lands which have contracted with the Bureau of Reclamation and which are in arrears for more than twelve months in the payment of any charges due from said lands to the United States. (44 Stat. 958) EXPLANATORY NOTE Provision Repeated. The same limitation on the expenditure of funds for lands in arrears was contained in each subsequent annual Interior Department Appropriation Act through fiscal year 1950. The Interior Department Appropriation Act, 1951 (General Appropriation Act, 1951), September 6, 1950, 64 Stat. 688, revised the wording but not the substance of the provision, and the revised form has been repeated in each appropriation act thereafter through the most recent act, the Public Works Appropriation Act, October 15, 1966, 80 Stat. 1009. [Minidoka project-Gravity Extension unit.]-Minidoka project, Idaho: *** investigation and construction of gravity extension unit, $400,000: Provided, Repealed. (44 Stat. 958) EXPLANATORY NOTE Provision Repealed. The Act of August 21, 1954, 68 Stat. 762, repealed the proviso under the subheading "Minidoka project," which read as follows: "Provided, That none of the said sum of $400,000 shall be available for construction work until a contract or contracts shall be made with an irrigation district or districts embracing said unit which, in addition to other conditions required by law, shall require repayment of construction costs as to such lands as may be furnished supplemental water, within a period not exceeding twenty years from the date water shall be available for delivery." The 1954 Act appears herein in chronological order. INTERIOR DEPARTMENT APPROPRIATION ACT, 1928 399 NOTES OF OPINIONS The proviso to the Minidoka project portion of the appropriation act of January 12, 1927, 44 Stat. 958, constitutes the Gravity Extension (Gooding division) of the Minidoka project, a portion of the Minidoka project proper, and section 46 of the adjustment act is therefore applicable to the gravity extension division. Solicitor Patterson Opinion, M-22401 (June 14, 1927). 2. Excess lands The limitation intended by the reclamation law, as set forth in section 5 of the Reclamation Act of 1902, and as supported by the plain language of section 3 of the Act of August 9, 1912, relates to the area in private ownership to which water may be delivered, and not to the quantity of water. A private owner will not be supplied with water, whether a full or supplemental supply, for use upon a tract exceeding 160 acres. The language in section 2 of the Warren Act referring to "an amount sufficient to irrigate 160 acres" is not intended to change this rule. Solicitor Patterson Opinion, M-21709 (March 3, 1927), in re proposed contract concerning Gravity Extension Unit, Minidoka project. The excess lands provision of section 46 of the Omnibus Adjustment Act apply to lands with a vested water right which receives a supplemental water supply from the Gravity Extension Unit (Gooding division) of the Minidoka project. Solicitor Patterson Opinion, M-22401 (June 14, 1927). 3. Interest The word "contractor" in the second proviso to the appropriation item for the Mini doka project in the Act of June 5, 1924, designates any purchaser of water from the American Falls Reservoir, and not merely the contractors who were cooperating with the United States in the construction of the reservoir. Therefore, the contract governing the Gravity Extension unit, pursuant to the Act of January 12, 1927, should provide that the irrigation district shall pay interest at the rate of 6 percent on a proportionate share of the cost to the United States of the American Falls Reservoir. Solicitor Patterson Opinion, M-22401 (June 14, 1927). 4. Use of Milner Dam The gravity extension unit (Gooding division) of the Minidoka project was constructed by the United States under a repayment contract with American Falls Reservoir District No. 2. It diverts water from the Snake River below Minidoka dam in an area of slack water caused by Milner dam, which was built in 1903 by the Twin Falls Land and Water Company, and is operated and maintained by the Twin Falls Canal Company. The latter brought suit against the American Falls Reservoir District No. 2 for a proportionate share of the costs of construction and operation of Milner dam. The suit was dismissed on the grounds: (1) that the United States, not the reservoir district, was the proper party defendant, notwithstanding a provision in the repayment contract that the district would hold the United States harmless against claims in favor of the owners of Milner dam; and (2) that the gravity diversion works were not damaging plaintiff's water rights or its use of Milner dam. Twin Falls Canal Co. v. American Falls Reservoir Dist. No. 2, 59 F. 2d 19 (9th Cir. 1932); affirming 49 F. 2d 632 (D. Idaho 1931); see also 45 F. 2d 649 D. Idaho 1930) overruling demurrer to amended complaint. * [Newlands project-Contract for reconstruction of Truckee Canal-Drainage.]--Newlands project, Nevada: ***: Provided, That no part of this amount shall be available for the construction of the Truckee Canal unless a contract in form approved by the Secretary of the Interior shall have been made with the Truckee-Carson irrigation district providing for the payment of the reconstruction cost: * [Belle-Fourche drainage construction.]-Belle-Fourche project, South Dakota: For continuation of construction of drainage, $125,000: Provided, That no part of this amount shall be available unless a contract or contracts in form approved by the Secretary of the Interior shall have been made with an -400 INTERIOR DEPARTMENT APPROPRIATION ACT, 1928 irrigation district or districts organized under State law provided for payment of construction and operation and maintenance charges by such district or districts. (44 Stat. 959) EXPLANATORY NOTES Not Codified. Extracts of this Act shown here are not codified in the U.S. Code except for the paragraph on "Advances for operation and maintenance of projects." 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. 14827, Public Law 541 in the 69th Congress. H.R. Rept. No. 1616. S. Rept. No. 1203. H.R. Rept. No. 1663 (conference report). 401 COLORADO RIVER FRONT WORK AND LEVEE SYSTEM [Extracts from] An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Act of January 21, 1927, ch. 47, 44 Stat. 1010) * [Appropriation authorization for Colorado River front work and levee system-Federal expenditures not to be deemed as recognition of United States responsibility-Local communities may be required to provide rights-of-way and maintenance-Reimbursements to be covered into the TreasuryProvisions of 1944 Act not affected.]-For the purpose of controlling the floods, improving navigation, and regulating the flow of the Colorado River, there is hereby authorized to be appropriated, out of any moneys in the Treasury. of the United States not otherwise appropriated, for the fiscal year ending June 30, 1928, and annually thereafter, such sums as may be necessary, to be spent by the Bureau of Reclamation under the direction of the Secretary of the Interior, to defray the cost of (a) operating and maintaining the Colorado River front work and levee system in Arizona, Nevada, and California; (b) constructing, improving, extending, operating, and maintaining protection and drainage works and systems along the Colorado River including such protection and drainage works and systems within a non-Federal reclamation project when need for such systems results from irrigation operations on Federal reclamation projects; (c) controlling said river, and improving, modifying, straightening, and rectifying the channel thereof; and (d) conducting investigations and studies in connection therewith: Provided, That the expenditure of moneys for any of the foregoing purposes shall not be deemed a recognition of any obligation or liability whatsoever on the part of the United States: Provided further, That, within the discretion of the Secretary of the Interior, local communities to be benefited by works constructed pursuant to this Act may be required to provide, without cost to the United States, necessary rights-of-way and maintenance of the completed works and assurance, satisfactory to him, of payment of valid claims arising out of damage caused to persons or property by reason of the construction, operation, or maintenance of any such works: Provided further, That any moneys received by the United States as reimbursement in accordance with contracts heretofore entered into under the authority of the Act of December 21, 1928 (45 Stat. 1057), as amended, and ratified by the Act of August 30, 1935 (49 Stat. 1028, 1039), for expenditures made under the authority of this paragraph, shall be covered into the Treasury as miscellaneous receipts. In connection with operations conducted under this. paragraph, the Secretary of the Interior shall have the same authority with. respect to (a) the acquisition, exchange and disposition of lands, interests in lands, water rights and other property, and the relocation thereof; (b) the utilization of lands owned or acquired by the United States; (c) construction and supply contracts; (d) the performance of necessary or proper acts; and |