user, the law provides that water must be used beneficially.

§ 194.13 Right-of-way.

For use in the necessary activities and emergencies incident to the operation and maintenance of the irrigation system, there is reserved a right-of-way along all canals, laterals, sublaterals and drains, in addition to the land actually occupied by such channels and their embankments, measured from the outside limits of the embankments or channel, a strip of land of sufficient width on each side of said canals, laterals, sublaterals and drains to permit the operation of maintenance equipment, making repairs and improvements, and travel by the project ditchriders.

$194.14

Obstructions; their removal.

No trees, buildings, hay or straw stacks, or other obstructions, are to be placed upon said reserved right-of-way by any adjacent landowners or others. Any trees, buildings, hay or straw stacks, or other obstructions of any kind, whatsoever, located upon said right-of-way may be ordered removed by the project engineer, and if not removed by the person or persons placing them thereon they shall be removed under the supervision of the project engineer at his discretion, and the cost of such removal shall be added to the cost of operation and maintenance for the particular tract of land under the project belonging to the persons so placing or causing such obstructions to be placed thereon.

No fences shall be placed within the right-of-way except those crossing a canal or lateral, and in each case provision shall be made for a gate on each side of the canal or lateral of sufficient width to pass ditch cleaning equipment and to permit travel on the banks of the canal or lateral by the ditchrider. Such gates must be provided with some approved convenient type of fastening which will permit the ditchrider to open and close them with a minimum loss of time. Any wire or timbers used in fencing across a canal or lateral shall not be closer than 12 inches to the maximum high water surface.

made in the water users' ledgers for each tract, bills issued to the record owners and payments made thereon and credited to the proper ledger accounts. In irrigation districts where repayment contracts have been executed the bill shall be rendered to the districts and when payments of such charges have been received, such payments shall be credited to the proper ledger accounts of the record owners.

§ 194.17 Assessments.

The annual per acre charge for operation and maintenance shall be levied against the entire irrigable area of each farm unit or allotment to which irrigation water can be delivered from present constructed works. Charges shall become due and payable in accordance with the annual public notice issued each year, and the provisions of the annual public notice regarding refusal of delivery af water in case of delinquency shall be enforced.

CROSS REFERENCES: For public notice of annual charges, see §§ 221.15-221.22 of this chapter.

§ 194.18 Interference with project oper

ation.

No persons other than those specifically designated by the project engineer are authorized to regulate project structures or to interfere in any way with project operated canals or any works appurtenant thereto, or the water flowing therein.

§ 194.19 Crop and statistical report.

A crop and statistical report on forms furnished for that purpose will be taken each year by the ditchrider or some person authorized to do so. This report will show the number of acres devoted to each crop, total yield and value of crops for each unit of the project and for the entire project.

In case of dispute regarding application of rules and regulations and decisions of the project engineer made pursuant thereto, appeal may be made to the proper supervising engineer who will adjust the matter or refer same to the Commissioner of Indian Affairs whose decision will be final.

§ 194.23 Pump lands.

When requested in writing to do so, by the holder of legal title to the land, the Secretary of the Interior, or his authorized representative, may designate such land lying above the gravity flow delivery point which may be susceptible of irrigation through pumping operations as a part of the project. Lands thus designated shall be subject to the payment of the pro rata per acre share of the construction, operation and maintenance costs the same as all other project lands in the same general area receiving gravity flow water. In the Mission Valley Division of the project such designated land shall be obligated to pay an additional per acre foot assessment for water delivered to the "pump land” equal to the pumping cost from Flathead Lake or Flathead River and the cost of delivering such water to the land. In the Camas Division of the project such designated land shall be obligated to pay a per acre foot assessment for water delivered to the designated "pump land," equal to the pumping costs from the Little Bitterroot Lake and the costs of delivering such water to the land. All other costs incidental to the pumping and distribution of the delivered water from the project farm unit delivery point to the "pump land" shall also be borne by the landowner. Such landowner is obligated to comply with the regulations now or hereafter adopted for the Flathead Indian Irrigation Project. At the time of filing his petition the landowner will be required in writing to request the inclusion of such "pump land" in an existing irrigation district or a district subsequently formed pursuant to the laws of the State of Montana. No land in Indian ownership shall be included in

AUTHORITY: The provisions of this Part 195 issued under secs. 1, 3, 36 Stat. 270, 272, as amended; 25 U.S.C. 385.

SOURCE: The provisions of this Part 195 appear at 22 F.R. 10631, Dec. 24, 1957, unless otherwise noted.

CROSS REFERENCE: For annual operation and maintenance charges for Flathead, Mission, and Jocko Valley irrigation districts, Montana, see §§ 221.24-221.29 of this chapter. § 195.1 Water delivery rates.

For all water delivered to any farm unit, allotment, or tract of land in excess of one and one-half acre-feet of water per acre allowable under the minimum charge assessment fixed under § 195.6 for such allotment, farm unit, or tract, there shall be an additional per acre-foot charge fixed at the rate of two-thirds of the minimum charge, and this charge shall be added to the minimum advance levy for the following irrigation season: Provided, That the maximum charge per acre for water delivered to any farm unit, allotment, or tract, during any irrigation season, shall not exceed $4 per acre for the entire irrigable area of the farm unit, allotment, or tract.

§ 195.2 Default; refusal of water.

The United States reserves the right to refuse to deliver water to an irrigation district, in the event of the default by such district or landowner for a period of more than 1 year in any payment due the United States.

§ 195.3 Delinquent assessment rules and regulations made and enforced by district.

An irrigation district may make such rules and regulations as it may find necessary in regard to the delivery of water to a landowner of the district who is delinquent in payment of any assessment to the district, and such rules and regulations will be enforced by the project engineer when it appears to be to the best interests of both the United States and the district to do so.

§ 195.4 Proportionment of water when specified amount not available.

At any time during the irrigation season when it shall appear, in the judgment of the project engineer, that there shall not be sufficient water available to deliver the amount specified in this part to the entire irrigable area for which application for delivery of water has been made and approved, then the project engineer shall be authorized to reduce such amounts to the extent that there shall, in his judgment, be sufficient water available to make proportionate delivery to each farm unit, allotment or tract; and when any farm unit, allotment or tract shall have had delivered to it the amount so fixed, it shall not be entitled to further delivery of water except when it shall appear that there is a surplus of water available.

§ 195.5 Application for water service.

No water will be delivered except under an approved application. The irrigation season for this project covers the period from April 15 to October 15, inclusive. To receive full recognition for an irrigation season, application for water service should be filed in the office of the Indian Irrigation Service at St. Ignatius, Montana, sufficiently early so that the same may be approved by the project engineer on or before the opening of the irrigation season. Every application accepted by the United States after May 1 shall be approved with the understanding that water will be delivered thereunder for the then current season only after requirements of lands covered by applications previously approved shall have been fully provided for. Application must describe the entire area which will be irrigated during the season.

charge assessment against the irrigable area of the individual tracts included in the district, which minimum charge assessment shall result in a sum sufficient to provide for the payment of the assessment against the district. Payment of the assessment so levied shall entitle a water user to the delivery of water without further charge up to 12 acre-feet per acre of irrigable assessable land included in the farm unit, allotment or tract of land: Provided, That after an agreement has been reached by the commissioners of the irrigation district and the project engineer as to duty of water on individual tracts where water users claim excess requirements on account of porous or gravelly soils, the project engineer shall have authority, pending further orders, to increase the quality of water to be delivered under the minimum charge levy to such porous or gravelly tracts provided it shall not exceed 4 acre-feet of water per acre for the assessable irrigable area of the tract. § 195.7

Duty of water on Moiese district. Provided further, That upon agreement between the commissioners of the district and the project engineer as to duty of water on any individual tracts within the Moiese subdivision of the project, which is supplied entirely through the Lower Crow Reservoir, the owners of which tracts claim excessive water requirements because of extremely porous or gravelly soils, the project engineer is authorized, pending further orders, to increase the quantity of water to be delivered under the minimum charge levy provided it shall not exceed 6 acre-feet per acre of assessable irrigable land: Provided further, That this special provision regarding tracts within the Moiese subdivision shall be applicable only in the event the water supply available from the stored water supply in the Lower Crow Reservoir is ample to allow such excess use without drawing on the water supply of other portions of the Mission Valley Division of the Flathead project. § 195.8

Penalty for non-payment of as

sessments.

All assessments duly authorized shall be paid on the due date to the properly designated Officer of the Indian Irrigation Service at St. Ignatius, Montana, and on all such assessments remaining unpaid on and after March 1, and August 1, following the due dates there

shall be assessed a penalty of one-half percent per month or fraction thereof, from the due date until paid.

§ 195.9 Adjustment of deficit or surplus.

Any deficit or surplus arising by reason of the costs being more or less than the assessments shall be adjusted in an equitable manner by taking it into account when fixing future assessment rates.

§ 195.10 Care of waste water.

All applicants for water shall be required to construct and maintain in good order and repair upon their lands such ditches as may be necessary to catch and conduct to some waste canal, ditch, lateral or natural drainage channel any water flowing upon or from such lands. No waste water will be allowed to collect within 20 feet of any canal or lateral belonging to the United States, nor shall any waste ditches be constructed or maintained within 10 feet of any canal or lateral belonging to the United States, except at points of intersection or crossing, which shall be located only by order and under the direction of the proper officer of the United States. No water will be furnished to any applicant during such time as he fails to comply with the provisions of this section.

SOURCE: The provisions of this Part 196 appear at 22 F.R. 10632, Dec. 24, 1957, unless otherwise noted.

§ 196.1 Organization.

Indian irrigation projects are in charge of a project engineer or other appointed employee of the Bureau of Indian Affairs who is fully authorized to administer, carry out and enforce the rules and regulations in this part, either directly or through project employees delegated by him, such as watermasters, ditchriders, foremen or other assistants. The project engineer or his representative is fully authorized to refuse or discontinue delivery of water to any person who disregards the rules and regulations in this part.

§ 196.2 Irrigation season.

The irrigation season for the Fort Belknap irrigation project covers the period from May to 1 September 30. In the event of unusual conditions in the spring, owing to construction or maintenance work on canals or laterals or when the designated opening date appears detrimental to crop production, the proper officers of the United States are authorized to advance or delay, for a period of 15 days, the beginning of the season's operation, and a corresponding change may be made for the date of closing the season, if it is to the best interests of the project or the farmers so to do. In no event, however, shall the canals be operated during any one season for a period in excess of 6 months.

§ 196.3

Domestic and stock used.

Irrigation projects are primarily built and maintained for serving land with water for the irrigation of crops during the growing season and not for supplying domestic and stock water during the winter months or nonirrigation season. § 196.4 Farm unit.

For the purpose of the rules and regulations in this part and the delivery of water, a farm unit is defined as a tract in single contiguous ownership or allotment containing not less than one 40-acre subdivision of the public survey. In the case of leases a farm unit will be considered a tract in a single lease comprising one or more contiguous tracts. § 196.5

Delivery point.

The general rule of the project shall be one delivery point at the upper boundary of the farm unit or allotment, and

the project shall maintain the lateral system to that extent. In special cases where from a cost or topographic standpoint it is impracticable for the landowner or lessee to irrigate the entire irrigable area of his tract from one delivery point, the project engineer is authorized to establish additional delivery points but in no instance shall more than one delivery point be established and maintained when the landowner or lessee can at a reasonable expense provide for delivery by the construction of suitable head ditches.

§ 196.6 Record of deliveries.

Water users who are entitled to the delivery of water shall file with the ditchrider, or other proper operation employee, 48 hours in advance of the time delivery is desired, a properly signed water request card on which is indicated the time delivery is desired, the description of the subdivision, area to be irrigated, and the turnouts to be used. Printed water request cards will be supplied by the project. Request cards are required for each irrigation, and upon completion of a delivery the water user shall acknowledge same by signing the water request card. Ditchriders are specifically prohibited from making water delivery to any water user until he (the ditchrider) receives notice from the project office that all charges have been paid and proper water request cards have been filed by the water user. Water request cards for all completed deliveries must be filed in the project office at the end of each month during the irrigation season, and he must also file a statement of all uncompleted deliveries with the estimated acreage irrigated under such requests to the end of the month.

§ 196.7 Duty of water.

Water will be delivered, subject to the provisions of this part, on a demand basis so long as a sufficient quantity is available for project use. In case of a shortage of water, the project engineer is authorized to adopt a rotation system, either for the entire project or for individual units thereof, when, in his opinion, such action is for the best interests of the project, in the apportionment to each water user of his just proportionate share of the available water supply. § 196.8 Water users responsible for water after delivery.

It is the duty of the Indian Irrigation Service to furnish water for bene

ficial irrigation use only, and it is the duty of the water user to assist in the prevention of waste, and also prevent damage to adjacent lands. Water users are responsible for water after it is delivered to their land, and they are required to have their field ditches in suitable condition and of such capacity as to permit the use of economical heads. § 196.9 Waste water.

Water users will be required to construct and maintain in good order and repair upon their lands such ditches as may be necessary to catch and conduct to some waste canal, ditch or natural drainage channel, all waste water flowing upon or from their lands. No waste water shall be allowed to flow upon a road or highway right-of-way, and no waste water will be allowed to collect within 20 feet of any canal or lateral belonging to the United States, nor shall any waste water ditches be constructed within 10 feet of any canal or lateral, except at points of intersection or crossing, and such crossing shall be located and constructed only by order and under the direction of the proper employee of the United States. Water delivery will be refused any water user during such time as he fails or refuses to comply with the provisions of this section.

§ 196.10 Structures.

(a) All necessary headgates, checks, drops, turnouts, flumes and measuring devices will be installed and maintained by the project. Any person or corporation desiring to build a bridge or other structures over, under, in or across a project canal, lateral or drainage ditch, shall first obtain from the project engineer a written permit to build such structures, which permit shall stipulate that it is granted, and accepted by the permittee, on the condition that the repair and maintenance of the structures shall be the duty of the permittee, or his successors, without cost to the project. The permit shall further provide that if any such structure be not regularly used for a period of one year or more the project engineer may notify the person responsible for its maintenance to remove it within a period of 90 days; and that if the structure is not removed within the time allowed, it may thereafter be removed by the project engineer, the cost of such removal to be paid by the party responsible for the maintenance of the structure.