AUTHORITY: The provisions of this Part 221 issued under secs. 1, 3, 36 Stat. 270, 272, as amended; 25 U.S.C. 385, unless otherwise noted.

AHTANUM INDIAN IRRIGATION PROJECT,

WASHINGTON

SOURCE: §§ 221.1 to 221.5a appear at 22 F.R. 10647, Dec. 24, 1957, unless otherwise noted. § 221.1 Charges.

Pursuant to the provisions of the acts of August 1, 1914 and March 7, 1928 (38 Stat. 583 and 45 Stat. 210; 25 U.S.C. 385, 387), the operation and maintenance charges on lands of the Ahtanum Indian Irrigation Project, Yakima Indian Reservation, Washington, for the calendar year 1964 and subsequent years until further notice, are hereby fixed at $3.25 per acre per annum for each irrigable acre of land to which water can be delivered from the project works.

[29 F.R. 607, Jan. 24, 1964]

§ 221.2 Time of payment.

The charges as fixed in this part shall become due April 1 of each year, and are payable on or before that date. To all the charges assessed against owners of patent in fee lands not paid on July 1 of the year in which they fall due, there shall be added a penalty of one-half of 1 percent per month, or fraction thereof, from April 1 of that year, so long as the delinquency continues.

§ 221.3 Deliveries to fee owners.

No water shall be delivered to patent in fee landowners, until at least 50 percent of the current year's charges assessed in this part is paid, and water delivery shall not be continued after July 1, unless the total charges for the year shall have been paid.

§ 221.4 Deliveries to Indian farmers.

No water shall be delivered to Indians farming their own land, until the charges are paid to the Indian Irrigation Service as required of patent in fee owners in § 221.3, or until the superintendent of the reservation shall have issued a certificate to the project engineer certifying that the Indian will pay such charges through the superintendent or that such Indian is financially unable to pay the charge, and such unpaid charges shall be entered on the accounts as a first lien against the land, without penalty.

§ 221.5 Deliveries to lessees.

No water shall be delivered to lessees of Indian lands or non-Indian lands, until the lessee shall have paid as required in the case of patent in fee owners, § 221.3. Or, in cases where the terms of the lease provide that the landowner shall pay the operation and maintenance charges from the lease rental, no water shall be delivered until the superintendent of the reservation shall have furnished the project engineer a certificate stating that the lessee has fully complied with all the terms of the lease. § 221.5a

Water users responsible for water after delivery.

It is the duty of the Indian Irrigation Service to furnish water for beneficial irrigation use only. It is the duty of all water users, as designated in §§ 221.3221.5, to assist in the prevention of waste and the prevention of damage to adjacent lands. The water users are responsible for the water after it has been delivered to their lands and are required to have their field ditches in suitable condition and of proper capacity to permit the use of economical heads of water. COLORADO RIVER INDIAN IRRIGATION PROJECT, ARIZONA

§ 221.6 Charges.

Pursuant to the provisions of the acts of Congress approved August 1, 1914,and March 7, 1928 (38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385-387), the annual basic charge against the land to which water can be delivered under the Colorado River Indian Irrigation Project in Arizona, for the operation and maintenance of that project, is hereby fixed at $9.00 per irrigable acre, whether water is used or not. Payment of this charge will entitle the water user to but not in excess of, eight acre-feet of water per acre per annum on certain sandy areas as described in a schedule on file at the Colorado River Indian Agency, and available for inspection by interested parties, and to five acre-feet of water per annum per irrigable acre on all other lands. With the approval of the Superintendent, additional water, reasonably sufficient to carry away alkali salts, may be allowed on certain alkali tracts at no additional charge for the purpose of reclaiming lands by the usual methods, such as flooding and leaching. The foregoing

charges and allotments of water shall become effective for the calendar year 1962 and continue in effect thereafter until further notice.

[27 FR. 400, Jan. 13, 1962]

§ 221.7 Excess water charges.

Additional water, if and when available, in excess of basic allowances, may be delivered upon written request to the Superintendent by landowners or users at the rate of $2.00 per acre-foot, or fraction thereof.

[27 F.R. 400, Jan. 13, 1962]

§ 221.8 Payment.

One-half the annual basic water charge fixed in § 221.6 shall become due and payable on February 1 of each year, which entitles the wateruser to not more than one-half of the annual basic water allotment prior to July 1. The second half of the annual basic water charge will be due and payable on June 15 which shall entitle the wateruser to not more than the remaining one-half of the annual basic water allotment. Water delivery will not be continued for any tract after July 1 of any year unless and until the remaining half of the basic water charge shall have been paid. To all charges assessed against fee land and Indian lands under lease to a nonIndian which are not paid on or before June 15 of each year there shall be added a penalty of one-half of one percent per month or fraction thereof from February 1 until paid. Water will not be delivered to any tract of land in succeeding years until full payment of the previous years' operation and maintenance assessments, inclusive of penalties, has been made or unless arrangements have been made under paragraph (a). (b), or (c) of this section.

(a) The Superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay operation and maintenance charges on his land from proceeds of labor performed on the project works, or from the proceeds of the crops being grown on the land, or from any other source, the delivery of water may be continued if a written certificate is issued by the Superintendent which concludes that such Indian is not financially able to pay such charges; or the Indian landowner whose land is not under lease to a non-Indian makes written arrangements on or before the due

date with the Superintendent to pay the operation and maintenance charges from proceeds of crops grown on the land when the crops are harvested and marketed within that calendar year or from any other source of funds available to the Indian landowner. In those cases where the Indian is financially unable to pay, the unpaid charges shall be entered on the accounts and will stand as a first lien against the land until paid but without penalty for delinquency.

(b) The Superintendent allows postponement of payment of the water charges by Indians in hardship cases. Such postponements, however, are not to exceed sixty days from February 1.

(c) Assignments or leases of Indian lands that become effective during the last half of the calendar year, and basic charges have not been paid in full, and irrigation water is desired during that half of the calendar year, the assignee or lessee will be required to pay prior to delivery of water, one-half the annual basic charge, for delivery of not to exceed one-half of the annual basic allotment of water, and if the lease term ends on June 30, the lessee shall be charged one-half of annual basic assessment for that calendar year, plus excess water charges for water used in excess of onehalf of the annual basic allotment.

(1) The excess water charge is payable at the time of written request for such water and must be paid prior to delivery of the excess water, except as provided under paragraph (a) of this section.

(2) No water shall be delivered for use on Indian trust lands under lease until the Superintendent of the Indian Reservation has certified that the lessee has paid the required operation and maintenance charges and complied with all the terms of the lease contract.

[23 F.R. 1255, Feb. 28, 1958, as amended at 28 F.R. 4093, Apr. 25, 1963]

§ 221.8a Water users responsible for water after delivery.

It is the duty of the Indian Irrigation Service to furnish available water for beneficial irrigation use only. It is the duty of all water users of the project to aid in the prevention of the waste of water and of damage to adjacent lands. The water users are responsible for the water after it has been delivered to their lands, and are required to have their field ditches of proper capacity and in

suitable condition for the use of economical heads of water.

[22 F.R. 10648, Dec. 24, 1957. Redesignated at 23 F.R. 1256, Feb. 28, 1958] COLVILLE INDIAN IRRIGATION PROJECT, WASHINGTON

§ 221.9 Charges.

The annual operation and maintenance charges are hereby fixed for the lands under the various units in the amounts named in this section, on the Colville Indian Irrigation Project, Washington.

(a) The per acre per annum rates for the following units are: Nespelem Unit $5.00; Little Nespelem Unit $5.00. All patent in fee lands and all Indian trust lands to which water can be delivered for irrigation and on which application for water services is made by the water users and approved by the Superintendent of the Indian Reservation, are subject to the above rates.

(b) The per acre per annum rate for the Monse Pumping Unit is hereby fixed at $5.00 per acre for all patent in fee lands for which there are water right contracts, and for all Indian trust lands to which water can be delivered for irrigation. These charges shall apply regardless of whether water is requested or not.

[24 F.R. 499, Jan. 22, 1959]

(a) The annual charges fixed in § 221.9 for the Nespelem and Little Nespelem Units shall become due on April 1 of each year and are payable on or before that date.

(b) The annual charges fixed in § 221.9 for the Monse Pumping Unit shall become due as follows: 50 percent on April 1 and 50 percent on July 1 and are payable on or before those dates.

(c) To any charges against non-Indian land or Indian land under lease to non-Indians remaining unpaid after July 1 there shall be added a penalty of onehalf of one percent per month or fraction thereof from the due date until paid.

(d) In any instance where the superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay his operation and maintenance charges from proceeds of the crops being grown on the lands, or from any other source, water may be delivered if a written certificate is issued by the superintendent stating that such Indian is not

(a) No water shall be delivered to any tract of land under the Nespelem and Little Nespelem Units until the entire irrigation charges for the current year shall have been paid. No water shall be delivered to any tract of land under the Monse Pumping Unit until at least 50 percent of the current year's charges have been paid. Water delivery shall not be continued after July 1 unless the total charges for the year have been paid, except as provided in § 221.10 (d).

(b) No water shall be delivered to lands in non-Indian ownership until all delinquent charges, plus penalties, for previous years have been paid.

(c) No water shall be delivered to Indian lands under lease until the lessee has paid all charges, plus penalties in the case of a non-Indian lessee, which have accrued during the period of his lease.

(d) A water user who has fulfilled all requirements and is eligible to have water delivered to him shall give the ditch rider 48 hours notice in advance of the time he wishes to receive water or discontinue delivery of water to his tract.

[24 F.R. 6088, July 30, 1959]

§ 221.11a Water users responsible for water after delivery.

It is the duty of the Indian Irrigation Service to furnish available water for beneficial irrigation use only. It is the duty of all water users of the project to aid in the prevention of the waste of water and of damage to adjacent lands. The water users are responsible for the water after it has been delivered to their lands, and are required to have their field ditches of proper capacity and in suitable condition for the use of economical heads of water.

[22 F.R. 10649, Dec. 24, 1957]

CROW INDIAN IRRIGATION PROJECT,
MONTANA

der the Crow Indian Irrigation Project and under certain private ditches for the calendar year 1962 and subsequent years until further notice, are hereby fixed as follows:

For the assessable nondistrict area under constructed works on all Government-operated units excepting Coburn Ditch, per acre----.

For the assessable area under constructed works on certain tracts of irrigable trust patent Indian land within and benefited by the Two Leggins Unit, per acre_

For the assessable area on certain tracts of irrigable trust patent Indian land within and benefited by the Bozeman Trail Unit, per acre.-For all lands in Indian ownership under the Bozeman Trail Unit on June 28, 1946, and under constructed works on all Government-operated units in the Little Big Horn watershed: for non-Indian, nonirrigation district lands, under private ditches, contracting for the benefits and repayment for the costs of the Willow Creek Storage Works; for operation of said Works per acre__

For certain tracts of irrigable trust patent Indian lands within and benefited by the Two Leggins Drainage District (contract dated June 29, 1932), per acre---.

[27 F.R. 694, Jan. 24, 1962]

$3.10

1.74

1.30

.15

.75

The charges as fixed in § 221.12 shall become due on April 1 of each year, and are payable on or before that date. To all charges assessed against lands in nonIndian ownership and Indian lands under lease to non-Indian lessees which are not paid on or before July 1 of each year, there shall be added a penalty of onehalf of 1 percent per month or fraction thereof from the due date, April 1, so long as the delinquency continues. No water shall be delivered until such charges have been paid; except that Indian water users who are financially unable to pay the assessment on the due date may be furnished water, provided the Superintendent of the reservation certifies to the Project Engineer that such Indian is not financially able to pay the assessment, or has made satisfactory arrangement to pay the assessments from proceeds of crops or from other sources. Penalty interest charges shall not be assessed against lands owned by an Indian water user, nor against Indian lands under lease to an Indian lessee. [23 F.R. 614, Jan. 30, 1958]