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Sec. 3. [Auxiliary reclamation fund.]-The moneys received under the provisions of this act shall be paid into the Treasury of the United States and be covered into a separate fund known as the auxiliary reclamation fund of the Yuma project, Arizona. (39 Stat. 869)

EXPLANATORY NOTE

Supplementary Provision: Disposition of Receipts. Section 4 (a) and (b) of the Permanent Appropriation Repeal Act, 1934, 48 Stat. 1224, 1227-28, eliminated the crediting of receipts to the separate appropriation account for the Yuma Auxiliary Irrigation Project, Arizona, and authorized annual appropriations of equal amounts for the same purpose. However, the Interior Department Appropriation Act, 1936, contained the following provision: "Provided further, That notwithstanding the provi

sions of section 4 (a) and (b) of the Act of June 26, 1934 (48 Stat., p. 1224), hereafter all moneys received under the provisions of the Act of January 25, 1917 (39 Stat., p. 868), as amended, shall be paid into the Treasury of the United States and be covered into the reclamation fund, special fund, and any unexpended balance in the auxiliary reclamation fund of the Yuma project shall be transferred to and consolidated with the general reclamation fund ***" 49 Stat. 198 (1935).

Sec. 4. [Use of fund-Payment of charges-Operation and maintenance of works to be turned over to landowners.]—The money in the said auxiliary reclamation fund of the Yuma project, Arizona, shall be available for the construction or completion of irrigation works of the said auxiliary project or unit. The landowners shall pay the cost of operation and maintenance, and the charges to cover such cost as fixed by the Secretary of the Interior shall be paid each year in advance of the delivery of water. Upon the announcement by the Secretary of the Interior of the completion of the said auxiliary project or unit thereof, the operation and maintenance of the irrigation works shall, as soon as practicable, be turned over to an organization representing a majority of the landowners, to be operated and maintained by them at their expense in accordance with a contract therefor to be made with the Secretary of the Interior. (39 Stat. 869)

Sec. 5. [Application of surplus funds.]—Any surplus of funds paid on account of construction remaining after completion thereof, and any money remaining in said separate fund known as the auxiliary reclamation fund of the Yuma project, Arizona, after completion of the said auxiliary project and after reim

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bursement of the reclamation fund for the proportionate share of works built by means of the latter fund shall be credited to the cost of operation and maintenance of the works of the said auxiliary project, and any balance thereof on hand when the said auxiliary project is taken over, as provided in section four, shall be paid to the contracting organization. (39 Stat. 869)

Sec. 6. [Reclamation law applicable.]—The provisions of the reclamation act of June seventeenth, nineteen hundred and two, and acts amendatory thereof and supplementary thereto, known as the reclamation law, shall be applicable to such auxiliary project, except any portions of such acts as may be in conflict with the provisions hereof. (39 Stat. 870)

Sec. 7. [Rules and regulations.]—The Secretary of the Interior is hereby authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. (39 Stat. 870)

EXPLANATORY NOTES

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

Legislative History. S. 5718, Public Law 293 in the 64th Congress. S. Rept. No. 580. H.R. Rept. No. 1188

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AMEND PATENTS AND WATER-RIGHT CERTIFICATES ACT

An act to amend section one of the act of August 9, 1912, providing for patents on reclamation entries, and for other purposes. (Act of February 15, 1917, ch. 71, 39 Stat. 920) [Issue of patents and final water-right certificates-Payment in full required.]-The proviso to section one of the act of August ninth, nineteen hundred and twelve (Thirty-seventh Statutes, page two hundred and sixty-five), entitled "An act providing for patents on reclamation entries, and for other purposes," is amended to read as follows:

"Provided, That no such patent or final water-right certificate shall issue until after the payment of all sums due the United States on account of such land or water right at the time of the submission of proof entitling the homestead or desert-land entryman to such patent or the purchaser to such final water-right certificate." (39 Stat. 920; 43 U.S.C. § 541)

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions, if any, are found under section 1 of the Act of August 9, 1912.

Legislative History. S. 5014, Public Law 322 in the 64th Congress. S. Rept. No. 484. H.R. Rept. No. 1141.

267-067-72—vol. I—18

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FLOOD CONTROL ACT OF 1917

[Extract from] An act to provide for the control of the floods of the Mississippi River and of the Sacramento River, California, and for other purposes. (Act of March 1, 1917, ch. 144, 39 Stat. 948)

Sec. 3. [Participation by other departments in flood control studies.] ** All examinations and surveys of projects relating to flood control shall include a comprehensive study of the watershed or watersheds, and the report thereon in addition to any other matter upon which a report is required shall give such data as it may be practicable to secure in regard to (a) the extent and character of the area to be affected by the proposed improvement; (b) the probable effect upon any navigable water or waterway; (c) the possible economical development and utilization of water power; and (d) such other uses as may be properly related to or coordinated with the project. And the heads of the several departments of the Government may, in their discretion, and shall upon the request of the Secretary of War, detail representatives from their respective departments to assist the Engineers of the Army in the study and examination of such watersheds, to the end that duplication of work may be avoided and the various services of the Government economically coordinated therein: ***. (39 Stat. 950; 33 U.S.C. § 701)

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SUNDRY CIVIL EXPENSES APPROPRIATIONS ACT FOR 1918

[Extracts from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes. (Act of June 12, 1917, ch. 27, 40 Stat. 105)

[King Hill project.]—King Hill project, Idaho. For beginning construction, maintenance, operation, and incidental operations, $200,000: Provided, That no part of this appropriation shall be expended until the Secretary of the Interior shall have determined that the said King Hill project is practicable, as provided by section four of the Act approved June seventeenth, nineteen hundred and two, known as the reclamation Act, and shall have adopted the said project under and subject to the provisions and conditions of the said reclamation Act. (40 Stat. 148)

EXPLANATORY NOTES

Subsequent Provisions in Appropriation Acts. Special provisions relating to the King Hill project appear in subsequent appropriation acts as follows: Act of July 1, 1918, 40 Stat. 674, for purposes of issuing patents, U.S. reclamation is equivalent to Idaho reclamation under the Carey Act; Act of July 19, 1919, 41 Stat. 200, no expenditure if lands released from assessments without consent of Secretary; Act of June 5, 1920, 41 Stat. 914, limitation on total expenditures; Act of May 10, 1926, 44 Stat. 480, moneys advanced by District available for expenditure. The excerpt from the 1918 Act appears herein in chronological order.

Termination of Project. The King Hill project was difficult and costly to operate. In 1929 a committee which made an economic survey of certain reclamation projects concluded that the King Hill project was an insolvent enterprise and recommended that no further expenditures be made. The Act of June 18, 1934, 48 Stat. 980, authorized the Secretary to enter into a contract with the King Hill Irrigation District, by which the district and the United States would rescind previous agreements and be released from all obligations. The United States entered into such a contract on September 28, 1934. The 1934 Act appears herein in chronological order.

[Rio Grande project.]-Rio Grande project, New Mexico-Texas: For maintenance, operation, continuation of construction, and incidental operations, $648,000, together with the unexpended balance of the sum appropriated for this project for the fiscal year nineteen hundred and seventeen: Provided, That no part of this appropriation shall be expended for drainage except in irrigation districts formed under State laws and upon the execution of agreements for the repayment to the United States of all project investments. (40 Stat. 148)