395 CREDITS FOR CHARGES ON YUMA AND YUMA AUXILIARY PROJECTS An act to authorize credit upon the construction charges of certain water-right applicants and purchasers on the Yuma and Yuma Mesa auxiliary reclamation projects, and for other purposes. (Act of June 28, 1926, ch. 702, 44 Stat. 776) [Credits on construction charges and on operation and maintenance charges-Yuma Indian Reservation.]-The Secretary of the Interior be, and he is hereby, authorized and directed to credit the individual water-right applicants on the Yuma reclamation project and the purchasers of water rights on the Yuma Mesa auxiliary project, on the construction charges due under their contracts with the United States under the reclamation act and acts amendatory thereof and supplementary thereto, with their proportionate part of all payments heretofore made or hereinafter to be made by the Imperial irrigation district of California under contract entered into under date of October 23, 1918, between the said district and the Secretary of the Interior: Provided, That lands in the Yuma Indian Reservation for which water rights have been purchased shall share pro rata in the credits so to be applied: Provided further, That where construction charges are paid in full said payments shall be credited on operation and maintenance charges assessed against the lands to which said payments would otherwise apply. (44 Stat. 776; Act of February 26, 1929, 45 Stat. 1321) EXPLANATORY NOTES 396 EXAMINATION OF SWAMP AND OVERFLOW LANDS IN MISSISSIPPI An act to provide for an examination and report on the condition and possible development and reclamation of the swamp lands on the Yazoo, Tallahatchie, and Coldwater Rivers in Mississippi. (Act of July 3, 1926, ch. 796, 44 Stat. 901) [Sec. 1. Investigation of swamp lands on Yazoo River and tributaries— Determination of cost of reclamation.]—The Secretary of the Interior be, and he is hereby, authorized and directed to have an examination and investigation made of the swamp and overflow lands on the Yazoo, Tallahatchie, and Coldwater Rivers in the State of Mississippi, with a view to determining the area, location, and general character of the swamp and overflow lands in the valley of the Yazoo River and its said tributaries, which can be developed and reclaimed at a reasonable cost, and the character, extent, and cost of a reclamation and development system of the swamp and overflow lands along the Yazoo River and its said tributaries. (44 Stat. 901) Sec. 2. [Report to Congress with recommendation as to feasibility, etc.]— The said Secretary shall report to Congress as soon as practicable the results of his examination and investigation, together with a recommendation as to the feasibility, necessity, and advisability of the undertaking, and of the participation by the United States in a plan of reclamation in connection with the development of the swamp and overflow lands in the valley of the said Yazoo River and its tributaries. (44 Stat. 901) Sec. 3. [Report to contain estimated cost of plan.]—The said Secretary shall report in detail as to the character and estimated cost of the plan or plans on which he may report. (44 Stat. 902) Sec. 4. [Report as to extent to which United States should contribute to cost of plan proposed-Drainage districts' proportion of cost-Extent United States should control or supervise plan proposed.]—The said Secretary shall also report as to the extent, if any, to which, in his opinion, the United States should contribute to the cost of carrying out the plan or plans which he may propose; the approximate proportion of the total cost which should be borne by the various drainage districts or other public agencies now organized or which may be organized; the manner in which their contribution should be made; to what extent and in what manner the United States should control, operate, or supervise the carrying out of the plan proposed, and what assurances he has been able to secure as to the approval of, participation in, and contribution to, the plan or plans proposed by the various contributing agencies. (44 Stat. 902) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Report to Congress. The report on the Yazoo River of Mississippi was submitted to the Congress on February 25, 1927, and printed as House Document 765, Part 2, 69th Congress. Cross References, Other Swamp Lands Examination Authorities. The Sundry Civil Appropriation Act of 1919, approved July SWAMP AND OVERFLOW LANDS IN MISSISSIPPI 1, 1918, and subsection R of section 4 of the Act of December 5, 1924, the Fact Finders' Act, both include authority for investigations by the Bureau of Reclamation of swamps and cut-over timber lands. Extracts from the 1919 Act and the complete text of 397 the Fact Finders' Act appear herein in chronological order. Legislative History. H.R. 11713, Public Law 517 in the 69th Congress. H.R. Rept. No. 1304. 398 INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1928 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1928, and for other purposes. (Act of January 12, 1927, ch. 27, 44 Stat. 934) [Advances for operation and maintenance of projects.]-Any moneys which may have been heretofore or may be hereafter advanced for operation and maintenance of any project or any division of a project shall be covered into the reclamation fund and shall be available for expenditure for the purposes for which advanced in like manner as if said funds had been specifically appropriated for said purposes. *** (44 Stat. 957; 43 U.S.C. § 397a) [Restriction on use for lands in arrears.]-No part of any sum provided for in this act for operation and maintenance of any project or division of a project by the Bureau of Reclamation shall be used for the irrigation of any lands within the boundaries of an irrigation district which has contracted with the Bureau of Reclamation and which is in arrears for more than twelve months in the payment of any charges due the United States, and no part of any sum provided for in this act for such purpose shall be used for the irrigation of any lands which have contracted with the Bureau of Reclamation and which are in arrears for more than twelve months in the payment of any charges due from said lands to the United States. (44 Stat. 958) EXPLANATORY NOTE Provision Repeated. The same limitation on the expenditure of funds for lands in arrears was contained in each subsequent annual Interior Department Appropriation Act through fiscal year 1950. The Interior Department Appropriation Act, 1951 (General Appropriation Act, 1951), September 6, 1950, 64 Stat. 688, revised the wording but not the substance of the provision, and the revised form has been repeated in each appropriation act thereafter through the most recent act, the Public Works Appropriation Act, October 15, 1966, 80 Stat. 1009. [Minidoka project-Gravity Extension unit.]-Minidoka project, *** Idaho: *** investigation and construction of gravity extension unit, $400,000: Provided,-Repealed. (44 Stat. 958) EXPLANATORY NOTE Provision Repealed. The Act of August 21, 1954, 68 Stat. 762, repealed the proviso under the subheading "Minidoka project," which read as follows: "Provided, That none of the said sum of $400,000 shall be available for construction work until a contract or contracts shall be made with an irrigation district or districts embracing said unit which, in addition to other conditions required by law, shall require repayment of construction costs as to such lands as may be furnished supplemental water, within a period not exceeding twenty years from the date water shall be available for delivery." The 1954 Act appears herein in chronological order. INTERIOR DEPARTMENT APPROPRIATION ACT, 1928 399 Excess lands 2 Interest 3 Project 1 Use of Milner Dam 4 1. Project NOTES OF OPINIONS The proviso to the Minidoka project portion of the appropriation act of January 12, 1927, 44 Stat. 958, constitutes the Gravity Extension (Gooding division) of the Minidoka project, a portion of the Minidoka project proper, and section 46 of the adjustment act is therefore applicable to the gravity extension division. Solicitor Patterson Opinion, M-22401 (June 14, 1927). 2. Excess lands The limitation intended by the reclamation law, as set forth in section 5 of the Reclamation Act of 1902, and as supported by the plain language of section 3 of the Act of August 9, 1912, relates to the area in private ownership to which water may be delivered, and not to the quantity of water. A private owner will not be supplied with water, whether a full or supplemental supply, for use upon a tract exceeding 160 acres. The language in section 2 of the Warren Act referring to "an amount sufficient to irrigate 160 acres" is not intended to change this rule. Solicitor Patterson Opinion, M-21709 (March 3, 1927), in re proposed contract concerning Gravity Extension Unit, Minidoka project. The excess lands provision of section 46 of the Omnibus Adjustment Act apply to lands with a vested water right which receives a supplemental water supply from the Gravity Extension Unit (Gooding division) of the Minidoka project. Solicitor Patterson Opinion, M-22401 (June 14, 1927). 3. Interest The word "contractor" in the second proviso to the appropriation item for the Mini * doka project in the Act of June 5, 1924, designates any purchaser of water from the American Falls Reservoir, and not merely the contractors who were cooperating with the United States in the construction of the reservoir. Therefore, the contract governing the Gravity Extension unit, pursuant to the Act of January 12, 1927, should provide that the irrigation district shall pay interest at the rate of 6 percent on a proportionate share of the cost to the United States of the American Falls Reservoir. Solicitor Patterson Opinion, M-22401 (June 14, 1927). 4. Use of Milner Dam The gravity extension unit (Gooding division) of the Minidoka project was constructed by the United States under a repayment contract with American Falls Reservoir District No. 2. It diverts water from the Snake River below Minidoka dam in an area of slack water caused by Milner dam, which was built in 1903 by the Twin Falls Land and Water Company, and is operated and maintained by the Twin Falls Canal Company. The latter brought suit against the American Falls Reservoir District No. 2 for a proportionate share of the costs of construction and operation of Milner dam. The suit was dismissed on the grounds: (1) that the United States, not the reservoir district, was the proper party defendant, notwithstanding a provision in the repayment contract that the district would hold the United States harmless against claims in favor of the owners of Milner dam; and (2) that the gravity diversion works were not damaging plaintiff's water rights or its use of Milner dam. Twin Falls Canal Co. v. American Falls Reservoir Dist. No. 2, 59 F. 2d 19 (9th Cir. 1932); affirming 49 F. 2d 632 (D. Idaho 1931); see also 45 F. 2d 649 D. Idaho 1930) overruling demurrer to amended complaint. [Newlands project-Contract for reconstruction of Truckee Canal-Drainage.]-Newlands project, Nevada: * * * : Provided, That no part of this amount shall be available for the construction of the Truckee Canal unless a contract in form approved by the Secretary of the Interior shall have been made with the Truckee-Carson irrigation district providing for the payment of the reconstruction cost: [Belle-Fourche drainage construction.]-Belle-Fourche project, South Dakota: For continuation of construction of drainage, $125,000: Provided, That no part of this amount shall be available unless a contract or contracts in form approved by the Secretary of the Interior shall have been made with an |