540 PARKER AND GRAND COULEE DAMS AUTHORIZED Grand Coulee Dam 1 Parker Dam 2 1. Grand Coulee Dam NOTES OF OPINIONS The Secretary of the Interior has authority under subsections 2(b), 2(f), 5(a), 5(b) and 9(b) of the Bonneville Project Act; section 5 of the Flood Control Act of 1944; section 9(c) and 14 of the Reclamation Project Act of 1939; and section 2 of the Act of August 30, 1935, 49 Stat. 1039, reauthorizing the Grand Coulee Dam project, to construct transmission lines between the Pacific Northwest and the Pacific Southwest. Solicitor Barry Opinion, 70 I.D. 237 (1963). 2. Parker Dam If an upstream project, such as the proposed Central Arizona project and Bridge Canyon project in the Lower Colorado River Basin, interfere with the statutory responsibility of the Secretary to recover the costs of Hoover Dam by June 1, 1987, or to recover the costs of Davis and Parker Dams within a reasonable period of time, then the cost of such interference should be included as one of the "costs" of the new upstream development under section 9(a) of the Reclamation Project Act of 1939. Memorandum of Chief Counsel Fix, October 9, 1947. 541 RELIEF TO WATER USERS An act to create a commission and to extend further relief to water users on United States reclamation projects and on Indian irrigation projects. (Act of April 14, 1936, ch. 215, 49 Stat. 1206) [Sec. 1. Investigating committee of three members authorized-Report to be made to the 75th Congress.]-Repealed. EXPLANATORY NOTE Section Repealed. Section 4 of the Act of August 21, 1937, 50 Stat. 737, repealed this section. Section 1 of the 1937 Act is essentially a reenactment of this section, with these important differences: (1) the Commission authorized by this section was to be composed of two members appointed from the Department of the Interior and one member who was a landowner and water user under a United States reclamation project, whereas the 1937 Act provides for a Commission composed of members who shall have an intimate knowledge of irrigation farming, but who shall not be employees of the Bureau of Reclamation or the Bureau Sec. 2. [Authorization for appropriation of $5,000 for expense of Commission.]-Repealed. EXPLANATORY NOTES Section Repealed. Section 4 of the Act of August 21, 1937, 50 Stat. 737, repealed this section. Section 2 of the 1937 Act is a reenactment of this section except that an appropriation of $30,000 is authorized, whereas this section authorized an appropriation of $5,000. The 1937 Act appears herein in chronological order. Commission's Report. The Commission authorized to be appointed by this Act, as modified by the Act of August 21, 1937, 50 Stat. 737, submitted its report to the Congress in May, 1938. The report was printed as House Document No. 673, 75th Congress, 3rd Session. Sec. 3. [50 percent of construction charges for 1936 deferred.]—All the provisions of the act entitled "An Act to further extend relief to water users on the United States reclamation projects and on Indian irrigation projects", approved June 13, 1935, are hereby further extended for the period of 1 year, so far as concerns 50 percent of the construction charges, for the calendar year 1936; Provided, however, That where the construction charge for the calendar year 1936 is payable in two installments, the sum hereby extended shall be the amount due as the first of such installments. If payable in one installment, the due date for the 50 percent to be paid shall not be changed. (49 Stat. 1207) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Reference in the Text. The Act of June 13, 1935, referred to in section 3, appears herein in chronological order. Annotations of opinions with respect to section 3, if any, are found under the Act of April 1, 1932, rather than under the 1935 Act. Legislative History. S. 4232, Public Law 519 in the 74th Congress. H.R. Rept. No. 2365. 542 LOANS TO LANDS IN IRRIGATION DISTRICTS An act to make lands in drainage, irrigation, and conservancy districts eligible for loans by the Federal land banks and other Federal agencies loaning on farm lands, notwithstanding the existence of prior liens of assessments made by such districts, and for other purposes. (Act of June 4, 1936, ch. 496, 49 Stat. 1461) [Lands eligible for loans notwithstanding prior liens.]—The Farm Credit Administration, the Federal Farm Mortgage Corporation, the Federal land banks, the Land Bank Commissioner and any lending or financial agency established by or under the Farm Credit Act of 1933, as amended, or the Federal Farm Loan Act, as amended, are authorized to make loans or acquire mortgages on lands in any drainage, irrigation, or conservancy district, notwithstanding the existence of any prior lien or charge arising out of an assessment for special benefits made by such district, in any case where (1) such land is otherwise eligible for a loan, (2) such assessment is payable over a period of years, and (3) reasonable security exists for the repayment of the loan, taking into consideration all facts and values, including the term and size of the loan, the integrity of the applicant, and the increased earning capacity of the lands arising from the improvements or benefits in respect of which the assessment was made. (49 Stat. 1461; 12 U.S.C. § 773a) EXPLANATORY NOTES References in the Text. The Farm Credit Act of 1933, as amended, referred to in the text, is codified in title 12, section 1131 et seq. The Federal Farm Loan Act, as amended, also referred to in the text, is gen erally dispersed throughout title 12, United States Code. Legislative History. H.R. 9009, Public Law 644 in the 74th Congress. H.R. Rept. No. 2280. S. Rept. No. 2008. 543 RIO GRANDE CANALIZATION PROJECT An act authorizing construction, operation, and maintenance of Rio Grande canalization project and authorizing appropriation for that purpose. (Act of June 4, 1936, ch. 500, 49 Stat. 1463) [Sec. 1. Construction authorized of canalization works.]-Upon the completion of the engineering investigation, study, and report to the Secretary of State, as heretofore authorized by Public Resolution Numbered 4, Seventy-fourth Congress, approved February 13, 1935, the Secretary of State, acting through the American Section, International Boundary Commission, United States and Mexico, in order to facilitate compliance with the convention between the United States and Mexico concluded May 21, 1906, providing for the equitable division of the water of the Rio Grande, and to properly regulate and control, to the fullest extent possible, the water supply for use in the two countries as provided by treaty, is authorized to construct, operate, and maintain, in substantial accordance with the engineering plan contained in said report, works for the canalization of the Rio Grande from the Caballo Reservoir site in New Mexico to the international dam near El Paso, Texas, and to acquire by donation, condemnation, or purchase such real and personal property as may be necessary therefor. (49 Stat. 1463) Sec. 2. [$3,000,000 authorized to be appropriated-Appropriation may be transferred for direct expenditure to Department of Interior.]-There is authorized to be appropriated the sum of $3,000,000 for the purposes of carrying out the provisions of section 1 hereof, other than for operation and maintenance, including salaries and wages, fees for professional services; rents; travel expenses; per diem in lieu of actual subsistence; printing and binding, law books, and books of reference: Provided, That the amount herein authorized to be appropriated shall include so much as may be necessary for completion of construction of the diversion dam in the Rio Grande wholly in the United States, in addition to the $1,000,000 authorized to be appropriated for this purpose by the Act of August 29, 1935 (49 Stat. 961): Provided further, That the total cost of construction of said diversion dam and canalization works shall not exceed $4,000,000: Provided further, That the provisions of section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) shall not apply to any purchase made or service procured when the aggregate amount involved is $100 or less; purchase, exchange, maintenance, repair and operation of motor-propelled passenger- and freight-carrying vehicles; hire with or without personal services, of work animals and animal-drawn and motor-propelled vehicles and equipment; acquisition by donation, condemnation, or purchase of real and personal property; transportation (including drayage) of personal effects of employees upon change of station; telephone, telegraphic, and airmail communication; rubber boots for official use by employees; ice; equipment, service, supplies, and materials and other such miscellaneous expenses as the Secretary of State may deem necessary properly to carry out the provisions of the Act: And provided further, That any part of 544 RIO GRANDE CANALIZATION PROJECT any appropriation made hereunder may be transferred to, for direct expenditure by, the Department of the Interior pursuant to such arrangements therefor as may be from time to time effected between the Secretary of State and the Secretary of the Interior, or as directed by the President of the United States. (49 Stat. 1463) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Location. The canalization work herein authorized is in the reach of the river between Caballo Dam and El Paso. Supplementary Provision: Flood and Sediment Control. The Act of September 18, 1964, 78 Stat. 956, authorizes the United States Commissioner to enter into agreements with local organizations for maintenance of flood and arroyo sediment control dams in the Rio Grande watershed between Caballo Dam and El Paso, Texas. The Act appears herein in chronological order. References in the Text. The Act of August 29, 1935, 49 Stat. 961, referred to in the text, authorizes construction of the American Diversion Dam by the United States section of the International Boundary Commission. Both the diversion dam and the canalization project are for the purpose of providing better control over and better use of the waters released from the Elephant Butte Reservoir, particularly with respect to the 60,000 acre-feet of water annually that the United States is obligated to deliver to Mexico in the bed of the Rio Grande under the convention with Mexico of May 21, 1906 (effective January 16, 1907), also referred to in the text. Both the 1906 convention and the 1935 Act appear herein in chronological order. Reference in the Text. Section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5), referred to in the text, deals with competitive bidding. The section appears herein in the Appendix. International Boundary Commission. The International Boundary Commission was created pursuant to the Convention with Mexico of March 1, 1889 (effective December 24, 1890), 26 Stat. 1512. It was reconstituted the International Boundary and Water Commission, United States and Mexico, by the Treatry with Mexico of February 3, 1944 (effective November 8, 1945), 59 Stat. 1219. The 1944 Treaty appears herein in chronological order. Cross References, Statutory Authority of the Commission. The Act of August 19, 1935, which appears herein in chronological order, provides general authority for the work of the Commission, and the notes following the Act briefly summarize other statutory provisions relating to its program. Editor's Note, Annotations. Annotations of opinions are not included because this statute does not relate primarily to activities of the Bureau of Reclamation. Legislative History. H.R. 11768, Public Law 648 in the 74th Congress. H.R. Rept. No. 2239. S. Rept. No. 2038. S. Rept. No. 2029 (on S. 3536). |