326 FACT FINDERS' ACT-SUBSEC. P cont and expense of general investigations heretofore and hereafter authorized by the Secretary, shall be charged to the general reclamation fund and shall not be charged Investigations and research 1 1. Investigations and research as a part of the construction or operation and maintenance cost payable by the water users under the projects." NOTES OF OPINIONS The Bureau of Reclamation is authorized under reclamation law to expend appropriations made from the general funds of the Treasury under the heading "General Investigation general engineering and research" for atmospheric water resources research that is of primary benefit to States other than the 17 Western States. Although expenditures from the Reclamation Fund may be made only for the benefit of the 17 Western States, expenditures from general fund appropriations are not so limited because section 2 of the Reclamation Act and section 8 of the Flood Control Act of 1944 evidence a Congressional intent to make the benefits of reclamation law available to all parts of the Nation notwithstanding the limitations on the use of the Reclamation Fund. Memorandum of Associate Solicitor Hogan, July 13, 1966. Expenditures for weather modification research come under the heading of "genral investigations" and are nonreimbursable, in accordance with subsection 0 of the Fact Finders' Act. The nonreimbursability of general research expenditures is also recognized in standard appropriation act language carried under the heading "Administrative Provisions" which recognizes that expenditures for "general engineering and research" from the appropriation for "General Investigations" are nonreimbursable under the Act of April 19, 1945, 43 U.S.G. $377 (amending subsection 0), Letter of Solicitor Barry to Senator Jackson, June 11, 1964. Costs of investigations made with Colorado River Development Funds are not reimbursable by the water users even though a project investigated with such funds is authorized for construction. Letter of Administrative Assistant Secretary Beasley to Comptroller General, June 11, 1959; Memorandum of Chief Counsel Fix, December 28, 1948, at 15. Investigation costs incurred by the United States under contracts of 1918, 1920, 1929 and 1933 in connection with the AllAmerican Canal are reimbursable by the Imperial Irrigation District. Nothing in the Kinkaid Act of May 18, 1920, or its legislative history implies that the expenses under the 1920 contract paid by the United States were to be a gift to the District, and the fact that the District contributed two-thirds the cost of the study does not imply that the one-third paid by the United States was to be nonreimbursable. Nor does the fact that study funds advanced by the District under the 1929 and 1933 contracts were later refunded imply that U.S. costs to the amount of the refunds were to be nonreimbursable. Memorandum of Chief Counsel Fisher, November 18, 1953. 2. Legal services The actual cost of legal services performed in the field by the Office of the Solicitor on behalf of specific projects are chargeable to such projects and their reimbursability or nonreimbursability is determined by the application of the allocation and accounting procedures applicable to the particular project concerned. Solicitor Armstrong Opinion, 62 I.D. 181 (1955). Subsec. P. [Reservation of easements or rights of way.]-Where, in the opinion of the Secretary, a right of way or easement of any kind over public land is required in connection with a project the Secretary may reserve the same to the United States by filing in the General Land Office and in the appropriate local land office copies of an instrument giving a description of the right of way or easement and notice that the same is reserved to the United States for Federal irrigation purposes under this section, in which event entry for such land and the patent issued therefor shall be subject to the right of way or easement so described in such instrument; and reference to each such instrument shall be made in the appropriate tract books and also in the patent. ASSAL “M4,48 USC § 47 FACT FINDERS' ACT-SUBSEC. R 327 Subsec. Q. [Donations-May be reconveyed to grantor.]-Where real property or any interest therein heretofore has been, or hereafter shall be, donated and conveyed to the United States for use in connection with a project, and the Secretary decides not to utilize the donation, he is authorized. without charge to reconvey such property or any part thereof to the donating grantor or to the heirs, successors, or assigns of such grantor. (43 Stat. 704, 43 U.S.C. § 376) 1. Construction with other laws NOTES OF OPINIONS Inasmuch as the Federal Property and Administrative Services Act of 1949, as amended, is "in addition and paramount to any authority conferred by any other law," its provisions giving other Federal departments and agencies a prior right to request a transfer of property no longer needed by the Bureau of Reclamation would apply to property originally donated by the Metropolitan Water District of Salt Lake City, Utah, but no longer needed, for the Provo River reclamation project, notwithstanding subsection Q of the Fact Finders' Act of 1924, which authorizes the Secretary of the Interior to reconvey donated property to the grantee. Department report of July 22, 1959, on H.R. 5270; printed in H.R. Rept. No. 822, 86th Cong., 1st Sess. 2; similar report in S. Rept. No. 1134, 86th Cong., 2nd Sess. 2. See Act of April 4, 1960. The surplus property disposal provisions of the Federal Property and Administrative Services Act of 1949 are in addition and paramount to, but do not repeal, other authority to dispose of property such as subsection Q of the Fact Finders' Act, which authorizes the reconveyance of donated real property. However, the Administrator of General Services may, upon application, authorize the disposition of property under subsection Q. Memorandum of Associate Solicitor Fritz, March 7, 1955. Subsec. R. [Swamp and cut-over timberlands—Appropriation from General Treasury.]-There is hereby authorized to be appropriated from the General Treasury, the sum of $100,000 for investigations to be made by the Secretary through the Bureau of Reclamation to obtain necessary information to determine how arid and semiarid, swamp, and cut-over timberlands may best be developed. (43 Stat. 704) Sec. 5. [Title of act.]—This act hereafter may be referred to as the "Second Deficiency Act, Fiscal Year 1924." (43 Stat. 704) EXPLANATORY NOTES Not Codified. The first extract shown herein relating to commencement of construction work, subsection R, and section 5 are not codified in the U.S. Code. Fact Finders' Act. Section 4 of this act, the "Second Deficiency Act, Fiscal Year 1924," was recommended by a committee of special advisers on reclamation appointed by the Secretary of the Interior and known as "Fact Finders." Section 4 is popularly known as the "Fact Finders' Act." See Senate Document No. 92, Sixty-eighth Congress. Legislative History. H.R. 9559, Public Law 292 in the 68th Congress. H.R. Rept. No. 907. H.R. Rept. No. 1019 and H.R. Rept. No. 1024 (conference reports). 328 LA PLATA RIVER COMPACT An act granting the consent and approval of Congress to the La Plata River compact. (Act of January 29, 1925, ch. 110, 43 Stat. 796) [Consent of Congress to Compact.]-The consent and approval of Congress is hereby given to the compact signed by the commissioners of the States of Colorado and New Mexico at the city of Santa Fe, on the 27th day of November 1922, and approved by the Legislature of the State of Colorado by an act entitled "An act to approve the La Plata River compact," April 13, 1923, and by the Legislature of the State of New Mexico by an act entitled "An act ratifying and approving the La Plata compact," approved February 7, 1923, which compact is as follows: "The State of Colorado and the State of New Mexico, desiring to provide for the equitable distribution of the waters of the La Plata River and to remove all causes of present and future controversy between them with respect thereto, and being moved by considerations of interstate comity, pursuant to Acts of their respective legislatures, have resolved to conclude a compact for these purposes and have named as their commissioners Delph E. Carpenter, for the State of Colorado, and Stephen B. Davis, Junior, for the State of New Mexico, who have agreed upon the following articles: "ARTICLE I "The State of Colorado, at its own expense, shall establish and maintain two permanent stream-gauging stations upon the La Plata River for the purpose of measuring and recording its flow, which shall be known as the Hesperus station and the interstate station, respectively. "The Hesperus station shall be located at some convenient place near the village of Hesperus, Colorado. Suitable devices for ascertaining and recording the volume of all diversions from the river above Hesperus station shall be established and maintained (without expense to the State of New Mexico), and whenever in this compact reference is made to the flow of the river at Hesperus station it shall be construed to include the amount of the concurrent diversions above said station. "The interstate station shall be located at some convenient place within one mile of and above or below the interstate line. Suitable devices for ascertaining and recording the volume of water diverted by the Enterprise and Pioneer Canals, now serving approximately equal areas in both States, shall be established and maintained without expense to the State of New Mexico), and whenever in this compact reference is made to the flow of the river at the interstate station it shall be construed to include one-half the volume of the concurrent diversions by such canals, and also the volume of any other water which may hereafter be diverted from said river in Colorado for use in New Mexico. “Each of said stations shall be equipped with suitable devices for recording the flow of water in said river at all times between the 15th day of February and the LA PLATA RIVER COMPACT 329 1st day of December of each year. The State engineers of the signatory States shall make provision for cooperative gauging at two stations, for the details of the operation, exchange of records and data, and publication of the facts. "ARTICLE II "The waters of the La Plata River are hereby equitably apportioned between the signatory States, including the citizens thereof, as follows: "1. At all times between the 1st day of December and the 15th day of the succeeding February each State shall have the unrestricted right to the use of all water which may flow within its boundaries. "2. By reason of the usual annual rise and fall, the flow of said river between the 15th day of February and the 1st day of December of each year shall be apportioned between the States in the following manner: "(a) Each State shall have the unrestricted right to use all the waters within its boundaries on each day when the mean daily flow at the interstate station is one hundred cubic feet per second, or more. “(b) On all other days the State of Colorado shall deliver at the interstate station a quantity of water equivalent to one-half of the mean flow at the Hesperus station for the preceding day, but not to exceed one hundred cubic feet per second. "3. Whenever the flow of the river is so low that in the judgment of the State engineers of the States the greatest beneficial use of its waters may be secured by distributing all of its waters successively to the lands in each State in alternating periods, in lieu of delivery of water as provided in the second paragraph of this article, the use of the waters may be so rotated between the two States in such manner, for such periods, and to continue for such time as the State engineers may jointly determine. "4. The State of New Mexico shall not at any time be entitled to receive nor shall the State of Colorado be required to deliver any water not then necessary for beneficial use in the State of New Mexico. "5. A substantial delivery of water under the terms of this article shall be deemed a compliance with its provisions and minor and compensating irregularities in flow or delivery shall be disregarded. "ARTICLE III "The State engineers of the States, by agreements from time to time, may formulate rules and regulations for carrying out the provisions of this compact, which, when signed and promulgated by them, shall be binding until amended by agreement between them or until terminated by written notice from one to the other. "ARTICLE IV "Whenever any official of either State is designated to perform any duty under this contract, such designation shall be interpreted to include the State official or officials upon whom the duties now performed by such official may hereafter devolve. 267-067-72-vol. I-24 330 LA PLATA RIVER COMPACT "ARTICLE V "The physical and other conditions peculiar to the La Plata River and the territory drained and served thereby constitute the basis for this compact, and neither of the signatory States concedes the establishment of any general principle or precedent by the concluding of this compact. "ARTICLE VI "This compact may be modified or terminated at any time by mutual consent of the signatory States, and upon such termination all rights then established hereunder shall continue unimpaired. "ARTICLE VII "This compact shall become operative when approved by the legislature of each of the signatory States and by the Congress of the United States. Notice of approval by the legislatures shall be given by the governor of each State to the governor of the other State, and the President of the United States is requested to give notice to the governors of the signatory States of approval by the Congress of the United States. "In witness whereof, the commissioners have signed this compact in duplicate originals, one of which shall be deposited with the secretary of state of each of the signatory States. "Done at the city of Santa Fe, in the State of New Mexico, this twentyseventh day of November, in the year of our Lord one thousand nine hundred and twenty-two." (43 Stat. 796) "DELPH E. CARPENTER. EXPLANATORY Notes Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 1656, Public Law 346 in the 68th Congress. H.R. Rept. No. 1076. |