336

INTERIOR DEPARTMENT APPROPRIATION ACT, 1926

vided further, That no part of the sum provided for herein shall be expended for construction on account of any lands owned by the Southern Pacific Company until an appropriate contract in form approved by the Secretary of the Interior shall have been properly executed by the said company, fixing the price and conditions of sale of said lands, to actual settlers, and such contract shall provide that until one-half of the construction charges against said lands shall have been fully paid no sale of any such lands shall be valid unless and until the purchase price involved in such sale is approved by the Secretary of the Interior, and shall also provide that upon proof of fraudulent representation as to the true consideration involved in any such sale the Secretary of the Interior is authorized to cancel the water right attaching to the land involved in such fraudulent sale; and all public lands irrigable under the Spanish Springs division shall be entered subject to the conditions of this section which shall be applicable thereto: Provided further, That the Secretary of the Interior is authorized to enter into such contract or contracts as may be possible whereby the State of Nevada, or local interests, shall aid in promoting the development and settlement of the project after completion by the securing and selection of settlers and the financing of them to enable the purchase of the required livestock, equipment, and supplies and the improvement of the lands to render them habitable and productive: Provided further, That the operation and maintenance charges on account of land in this division shall be paid annually in advance not later than March 1, no charge being made for operation and maintenance for the first year after said public notice. It shall be the duty of the Secretary of the Interior to give such public notice when water is actually available for such lands: Provided further, That the existing water rights of the present water users of the Newlands project shall have priority over the water rights of the proposed Spanish division: Provided further, That the lands on the existing project below the Lahontan Reservoir shall not be liable for any part of the construction costs of the Spanish Springs division: Provided further, That all net revenues from any power plant connected with the Spanish Springs division of the Newlands project shall be applied to the repayment of the construction costs incurred by the Government on said division until such obligations are fully repaid and all net revenues from any power plant connected with the Lahontan Reservoir of the Newlands project shall be applied to the repayment of the construction costs incurred by the Government on the existing project until such obligations are fully repaid. (43 Stat. 1167)

[Vale project-Contracts for payments by districts--Repayment contracts required of districts-No water delivery until Oregon assumes development of project after completion-State to provide funds-Advance payments-Pur

INTERIOR DEPARTMENT APPROPRIATION ACT, 1926

337

chase of storage reservoir of Warm Springs project-Drainage works.]—Vale project, Oregon: Repealed

EXPLANATORY NOTES

Provision Repealed. Section 5 of the Act of October 27, 1949, 63 Stat. 943, which appears herein in chronological order, repealed all beginning with the first "Provided" under "Vale Project, Oregon" in this act. The repealed provisions read as follows: "Provided, That no part of this appropriation shall be used for construction purposes on the Vale project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law, providing for payment by the district or districts as hereinafter provided: Provided further, That no part of the sum provided for herein shall be expended for construction on account of any lands in private ownership until an appropriate repayment contract in accordance with the terms of this act and in form approved by the Secretary of the Interior, shall have been properly executed by a district organized under State law, embracing the lands in public or private ownership irrigable under the project and the execution thereof shall have been confirmed by a decree of a court of competent jurisdiction, which contract, among other things, shall provide for an appraisal approved by the Secretary of the Interior, showing the present actual bona fide value of all such irrigable lands, fixed without reference to the proposed construction, and shall provide that until one-half of the construction charges against said lands shall have been fully paid no sale of any such lands shall be valid unless and until the purchase price involved in such sale is approved by the Secretary of the Interior, and shall also provide that upon proof of fraudulent representadion as to the true consideration involved in any such sale the Secretary of the Interior is authorized to cancel the water right attaching to the land involved in such fraudulent sale; and all public lands irrigable under the project shall be entered subject to the conditions of this section, which shall be applied thereto: Provided further, That no water shall be delivered to irrigators on this project until a contract or contracts shall have been executed between the United States and the State of Oregon, whereby the State shall assume the duty and responsibility of promoting the development and settlement of the project after completion, including the subdivision of lands held in private ownership by any individual in excess of one hundred and sixty irrigable acres, the securing, selection, and financing of settlers to enable the purchase of the required livestock, equipment, and supplies and the improvement of the lands to render them habitable and productive. The State shall provide the funds necessary for this purpose and shall conduct operations in a manner satisfactory to the Secretary of the Interior: Provided further, That the operation and maintenance charges on account of land in this project shall be paid annually in advance not later than March 1, no charge being made for operation and maintenance for the first year after said public notice. It shall be the duty of the Secretary of the Interior to give such public notice when water is actually available for such lands: Provided further, That not more than $200,000 of the amount herein appropriated shall be available for purchase of an interest in the existing storage reservoir of the Warm Springs project, said interest to be conveyed to the United States free of all prior liens and encumbrances of every kind whatever: Provided further, That the contract for the purchase of said interest in said reservoir shall also provide for construction of the necessary drainage works by the said Warm Springs and Vale projects and the proportion of cost of said works to be borne by each."

[Salt Lake Basin project, Utah-Contracts for payments by districts required.]—Salt Lake Basin project, Utah, first division: For construction of Echo Reservoir, Utah Lake control, and Weber-Provo Canal, and incidental operations, $900,000: Provided, That any unexpended balance of any appropriation available for the Salt Lake Basin project for the fiscal year 1925 shall remain available during the fiscal year 1926: Provided further, That no part of this appropriation shall be used for construction purposes until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law, or water users' association or associations providing for payment by the district or districts, or water users' association or associations, as hereinafter provided: Provided further, That the operation and maintenance charges on account of land in this project shall be paid annually in advance not later than March 1, no charge being made for operation and maintenance for the first year after said public notice. It shall be the duty of the Secretary of the Interior to give such public notice when water is actually available for such lands. (43 Stat. 1170)

EXPLANATORY NOTE

Provision Repeated. Similar provisions relating to the Salt Lake Basin project are contained in the Interior Department Appropriation Act for 1927, Act of May 10, 1926, 44 Stat. 484, except that the following is added at the end: "and the operation

and maintenance charges, if any, payable to the United States for the first year after such public notice shall be transferred to and paid as a part of the construction payment."

[Yakima project, Kittitas division, Washington-Contracts for paymentsAppropriate repayment contracts-Provisions in contracts-No construction expenditure until State assumes development, etc., of project after completion— State to provide funds-Advance payments required.]-Yakima project (Kittitas division), Washington: For construction of the Kittitas division and incidental operations, $375,000: Provided, That no part of this appropriation shall be used for construction purposes until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law providing for payment by the district or districts as hereinafter provided. (43 Stat. 1170)

EXPLANATORY NOTE

Provision Repealed. Section 7 (c) of the Act of May 6, 1949 (63 Stat. 62), which appears herein in chronological order, repealed all except the first sentence under this subheading. The repealed provisions read as follows: "The Secretary of the Interior shall by public notice announce the date when water is available under the project: Provided further, That no part of

the sum provided for herein shall be expended for construction on account of any lands in private ownership until an appropriate repayment contract in form approved by the Secretary of the Interior, shall have been properly executed by a district organized under State law, embracing the lands in public or private ownership irrigable under the project, and the execu

INTERIOR DEPARTMENT APPROPRIATION ACT, 1926

NOTE OF OPINION

EXPLANATORY NOTES

340

COLORADO RIVER FRONT WORK AND LEVEE SYSTEM

ADJACENT TO YUMA PROJECT

[Extract from] An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Act of March 3, 1925, ch. 467, 43 Stat. 1186)

Sec. 16. [Reclamation fund to be reimbursed for work on Colorado River adjacent to Yuma project-Transfer to reclamation fund of amount for levee work, fiscal year 1926.]-(a) There is hereby authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, the sum of $650,000, or so much thereof as may be necessary, to reimburse the reclamation fund for the benefit of the Yuma Federal irrigation project in Arizona and California for all costs, as found by the Secretary of the Interior, heretofore incurred and paid from the reclamation fund for the operation and maintenance of the Colorado River front work and levee system adjacent to said project.

(b) There is hereby authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, the sum of $50,000, or so much thereof as may be necessary, to be transferred to the reclamation fund and to be expended under the direction of the Secretary of the Interior for the purpose of paying the operation and maintenance costs of said Colorado River front work and levee system adjacent to said Yuma project, ArizonaCalifornia, for the fiscal year ending June 30, 1926. (48 Stat. 1198) (c) Repealed.