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TEMPORARY RIO GRANDE COMPACT

473

"Done at the city of Santa Fe, in the State of New Mexico, on the 12th day of February, in the year of our Lord one thousand nine hundred and twenty-nine.

"DELPH E. CARPENTER. "FRANCIS C. WILSON. "T. H. MCGREGOR.

"Approved:

"WILLIAM J. DONOVAN."

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Consent to Negotiate Compact. The Act of March 2, 1929, 45 Stat. 1502, granted the consent of Congress to the negotiation of a compact between the States of Colorado, New Mexico and Texas with respect to the waters of the Rio Grande River.

Extension of Life of Compact. The extension of this temporary compact was authorized for a period of two years, or until June 1, 1937, by Act of the Legislature of New Mexico of February 25, 1935, by Act of the Legislature of Colorado of April 13, 1935, and by Act of the Legislature of Texas of April 18, 1935. The approval of

Congress to the extension of the compact was given by the Act of June 5, 1935, 49 Stat. 325.

Cross Reference, Permanent Rio Grande Compact. The Act of May 31, 1939, 53 Stat. 785, granted the consent of Congress to the permanent compact between the States of Colorado, New Mexico and Texas with respect to the waters of the Rio Grande River above Fort Quitman, Texas. The 1939 Act, including the text of the Compact, appears herein in chronological order.

Legislative History. S. 3386, Public Law 370 in the 71st Congress. S. Rept. No. 581. H.R. Rept. No. 1754.

267-067-72-vol. I-33

474

PAYMENTS FOR PAIUTE INDIAN LANDS, NEWLANDS PROJECT

An Act to provide for the payment of benefits received by the Paiute Indian Reservation lands within the Newlands irrigation project, Nevada, and for other purposes. (Act of June 27, 1930, ch. 637, 46 Stat. 820)

[Authorization for appropriation to pay Truckee-Carson irrigation district for benefits received by Indian lands.]-There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $6,000, or so much thereof as may be necessary, for paying the TruckeeCarson irrigation district, Fallon, Nevada, in sixty semiannual installments, as equally as may be, the proportionate share of the benefits received by four thousand eight hundred and seventy-seven and three-tenths irrigable acres of Paiute Indian lands within the Newlands irrigation project, for necessary repairs to the Truckee Canal to restore said canal to its original capacity, said payments to be made at the same time and at the same rate per irrigable acre as that paid to the Reclamation Bureau by said district for other irrigable lands located therein. (46 Stat. 820)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Legislative History. S. 135, Public Law

451 in the 71st Congress. S. Rept. No. 532. H.R. Rept. No. 1691.

475

REHABILITATION OF BITTER ROOT PROJECT

An act for the rehabilitation of the Bitter Root irrigation project, Montana. (Act of July 3, 1930, ch. 833, 46 Stat. 852)

Repealed.

EXPLANATORY NOTE

Repealed. The Act of May 6, 1949, 63 Stat. 62, repealed this Act and its supplementary Act, the Act of August 26, 1935, 49 Stat. 799. Both the 1935 and 1949 Acts appear herein in chronological order. The text of the Act before repeal read as follows:

[Sec. 1. Appropriation authorized.]-There is hereby authorized to be appropriated from the reclamation fund established by the act of June 17, 1902 (Thirty-second Statutes, page 388), the sum of $750,000, or as much thereof as may be necessary to be used for the rehabilitation of the Bitter Root irrigation project in Montana. (46 Stat. 852)

Sec. 2. [Liquidation of indebtedness-Construction, betterment, or repair work-Loan to irrigation district.]—The Secretary of the Interior, hereinafter styled the Secretary, is authorized to use money thus appropriated for the following purposes:

(1) For liquidating bonded and other outstanding indebtedness of such irrigation project on such basis of valuation as the Secretary may regard as equitable, not exceeding 75 per centum of the principal and accrued interest, no portion of such outstanding indebtedness to be liquidated except a total outstanding indebtedness of such project is so liquidated;

(2) For doing or causing to be done under his supervision any construction, betterment, or repair work necessary to place the irrigation system of such project in good operating condition, and as provided for in the contract hereinafter required;

(3) For loaning to such irrigation district, hereinafter provided for, such funds as in the opinion of the Secretary are necessary for any construction, betterment, or repair work to place the irrigation system of such project in good operating condition. (46 Stat. 852)

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NOTES OF OPINIONS

The Bitter Root irrigation district, in negotiations with its creditors, pursuant to the requirement of subsection 1, section 2 of this act, located and deposited all except five bonds of $500 each. The Comptroller General, in decision A-34571 dated May 18, 1931, interpreting the last 20 words of this subsection, beginning with "no portion of", stated that substantial compliance with the law would be accomplished if the amount necessary to retire the five bonds on the same basis that the other indebtedness of the irrigation district are to be liquidated under the act of July 3, 1930, is set aside and remains unexpended in the appropriation to take care of such bonds in the event the owners present the same and, in addition to this there be procured a bond of indemnity or such other security as will guarantee that neither the Government nor the irrigation district will ever have to pay any greater amount on account of said five bonds than 75 percent of principal and accrued in

terest if now paid with the other bonds now being liquidated.

Comptroller General's decision A-34571 of July 23, 1931, outlines the procedure to be followed in connection with loans under the act of July 3, 1930. Form of deposit agreement to be executed by the creditors of the Bitter Root irrigation district was approved by the Comptroller General under date of February 13, 1931. A further decision dated March 18, 1932, was rendered by the Comptroller General regarding evidence to be submitted to the General Accounting Office of payments to the creditors. 2. Reimbursement

The Comptroller General in decision B27425 dated August 7, 1942, held that the Bitter Root Irrigation District may be reimbursed after expenditures incurred for protective measures taken by it at the request of the Bureau.

In decision A-34571 dated June 21, 1932, the Comptroller General authorized reimbursement to the Bitter Root irrigation district of an amount advanced by the district for construction, betterment and repair, notwithstanding the provision of article 2 of

474

PAYMENTS FOR PAIUTE INDIAN LANDS, NEWLANDS PROJECT

An Act to provide for the payment of benefits received by the Paiute Indian Reservation lands within the Newlands irrigation project, Nevada, and for other purposes. (Act of June 27, 1930, ch. 637, 46 Stat. 820)

[Authorization for appropriation to pay Truckee-Carson irrigation district for benefits received by Indian lands.]-There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $6,000, or so much thereof as may be necessary, for paying the TruckeeCarson irrigation district, Fallon, Nevada, in sixty semiannual installments, as equally as may be, the proportionate share of the benefits received by four thousand eight hundred and seventy-seven and three-tenths irrigable acres of Paiute Indian lands within the Newlands irrigation project, for necessary repairs to the Truckee Canal to restore said canal to its original capacity, said payments to be made at the same time and at the same rate per irrigable acre as that paid to the Reclamation Bureau by said district for other irrigable lands located therein. (46 Stat. 820)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Legislative History. S. 135, Public Law

451 in the 71st Congress. S. Rept. No. 532. H.R. Rept. No. 1691.

475

REHABILITATION OF BITTER ROOT PROJECT

An act for the rehabilitation of the Bitter Root irrigation project, Montana. (Act of July 3, 1930, ch. 833, 46 Stat. 852)

Repealed.

EXPLANATORY NOTE

Repealed. The Act of May 6, 1949, 63 Stat. 62, repealed this Act and its supplementary Act, the Act of August 26, 1935, 49 Stat. 799. Both the 1935 and 1949 Acts appear herein in chronological order. The text of the Act before repeal read as follows:

[Sec. 1. Appropriation authorized.]-There is hereby authorized to be appropriated from the reclamation fund established by the act of June 17, 1902 (Thirty-second Statutes, page 388), the sum of $750,000, or as much thereof as may be necessary to be used for the rehabilitation of the Bitter Root irrigation project in Montana. (46 Stat. 852)

Sec. 2. [Liquidation of indebtedness-Construction, betterment, or repair work-Loan to irrigation district.]-The Secretary of the Interior, hereinafter styled the Secretary, is authorized to use money thus appropriated for the following purposes:

(1) For liquidating bonded and other outstanding indebtedness of such irrigation project on such basis of valuation as the Secretary may regard as equitable, not exceeding 75 per centum of the principal and accrued interest, no portion of such outstanding indebtedness to be liquidated except a total outstanding indebtedness of such project is so liquidated;

(2) For doing or causing to be done under his supervision any construction, betterment, or repair work necessary to place the irrigation system of such project in good operating condition, and as provided for in the contract hereinafter required;

(3) For loaning to such irrigation district, hereinafter provided for, such funds as in the opinion of the Secretary are necessary for any construction, betterment, or repair work to place the irrigation system of such project in good operating condition. (46 Stat. 852) NOTES OF OPINIONS

Liquidation of indebtedness 1
Reimbursement 2

1. Liquidation of indebtedness

The Bitter Root irrigation district, in negotiations with its creditors, pursuant to the requirement of subsection 1, section 2 of this act, located and deposited all except five bonds of $500 each. The Comptroller General, in decision A-34571 dated May 18, 1931, interpreting the last 20 words of this subsection, beginning with "no portion of", stated that substantial compliance with the law would be accomplished if the amount necessary to retire the five bonds on the same basis that the other indebtedness of the irrigation district are to be liquidated under the act of July 3, 1930, is set aside and remains unexpended in the appropriation to take care of such bonds in the event the owners present the same and, in addition to this there be procured a bond of indemnity or such other security as will guarantee that neither the Government nor the irrigation district will ever have to pay any greater amount on account of said five bonds than 75 percent of principal and accrued in

terest if now paid with the other bonds now being liquidated.

Comptroller General's decision A-34571 of July 23, 1931, outlines the procedure to be followed in connection with loans under the act of July 3, 1930. Form of deposit agreement to be executed by the creditors of the Bitter Root irrigation district was approved by the Comptroller General under date of February 13, 1931. A further decision dated March 18, 1932, was rendered by the Comptroller General regarding evidence to be submitted to the General Accounting Office of payments to the creditors. 2. Reimbursement

The Comptroller General in decision B27425 dated August 7, 1942, held that the Bitter Root Irrigation District may be reimbursed after expenditures incurred for protective measures taken by it at the request of the Bureau.

In decision A-34571 dated June 21, 1932, the Comptroller General authorized reimbursement to the Bitter Root irrigation district of an amount advanced by the district for construction, betterment and repair, notwithstanding the provision of article 2 of

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