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400 INTERIOR DEPARTMENT APPROPRIATION ACT, 1928

irrigation district or districts organized under State law provided for payment of construction and operation and maintenance charges by such district or districts. (44 Stat. 959)

EXPLANATORY NOTES

Not Codified. Extracts of this Act shown here are not codified in the U.S. Code except for the paragraph on "Advances for operation and maintenance of projects."

Editor's Note, Provisions Repeated in Appropriation Acts. Provisions which are repeated in two or more appropriation acts

appear herein only in the act in which first used.

Legislative History. H.R. 14827, Public Law 541 in the 69th Congress. H.R. Rept. No. 1616. S. Rept. No. 1203. H.R. Rept. No. 1663 (conference report).

401

COLORADO RIVER FRONT WORK AND LEVEE SYSTEM

[Extracts from] An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Act of January 21, 1927, ch. 47, 44 Stat. 1010)

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[Appropriation authorization for Colorado River front work and levee system—Federal expenditures not to be deemed as recognition of United States responsibility-Local communities may be required to provide rights-of-way and maintenance-Reimbursements to be covered into the TreasuryProvisions of 1944 Act not affected.]-For the purpose of controlling the floods, improving navigation, and regulating the flow of the Colorado River, there is hereby authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, for the fiscal year ending June 30, 1928, and annually thereafter, such sums as may be necessary, to be spent by the Bureau of Reclamation under the direction of the Secretary of the Interior, to defray the cost of (a) operating and maintaining the Colorado River front work and levee system in Arizona, Nevada, and California; (b) constructing, improving, extending, operating, and maintaining protection and drainage works and systems along the Colorado River including such protection and drainage works and systems within a non-Federal reclamation project when need for such systems results from irrigation operations on Federal reclamation projects; (c) controlling said river, and improving, modifying, straightening, and rectifying the channel thereof; and (d) conducting investigations and studies in connection therewith: Provided, That the expenditure of moneys for any of the foregoing purposes shall not be deemed a recognition of any obligation or liability whatsoever on the part of the United States: Provided further, That, within the discretion of the Secretary of the Interior, local communities to be benefited by works constructed pursuant to this Act may be required to provide, without cost to the United States, necessary rights-of-way and maintenance of the completed works and assurance, satisfactory to him, of payment of valid claims arising out of damage caused to persons or property by reason of the construction, operation, or maintenance of any such works: Provided further, That any moneys received by the United States as reimbursement in accordance with contracts heretofore entered into under the authority of the Act of December 21, 1928 (45 Stat. 1057), as amended, and ratified by the Act of August 30, 1935 (49 Stat. 1028, 1039), for expenditures made under the authority of this paragraph, shall be covered into the Treasury as miscellaneous receipts. In connection with operations conducted under this paragraph, the Secretary of the Interior shall have the same authority with respect to (a) the acquisition, exchange and disposition of lands, interests in lands, water rights and other property, and the relocation thereof; (b) the utilization of lands owned or acquired by the United States; (c) construction and supply contracts; (d) the performance of necessary or proper acts; and

402

COLORADO FRONT WORK AND LEVEE SYSTEM

(e) the making of necessary or proper rules and regulations, which he has in connection with projects under the Federal reclamation laws, Act of June 17, 1902 (32 Stat. 388), and Acts amendatory thereof or supplementary thereto. Nothing contained in this paragraph shall be deemed to amend, repeal, or otherwise affect the provisions contained in the First Deficiency Appropriation Act, 1944, under the caption "Department of the Interior, Bureau of Reclamation-Colorado River front work and levee system" (58 Stat. 150, 157). (44 Stat. 1021; Act of July 1, 1940, 54 Stat. 708; Act of June 28, 1946, 60 Stat. 338; Act of May 1, 1958, 72 Stat. 101)

[Provision repealed.]-Section 16(c), act approved March 3, 1925 (Fortythird Statutes at Large, page 1198), is hereby repealed. (44 Stat. 1021)

EXPLANATORY NOTES

Not Codified. Sections of this Act shown here are not codified in the U.S. Code.

1958 Amendment. The Act of May 1, 1958, amended the Act of June 28, 1946, which act was an amendment of this act, by adding in item "(b)" above after the words "Colorado River" the following: "including such protection and drainage works and systems within a non-Federal reclamation project when need for such systems results from irrigation operations Federal reclamation projects." Both the 1946 and 1958 Acts appear herein in chronological order.

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1946 Amendment. The Act of June 28, 1946, 60 Stat. 338, which appears herein in chronological order, amended this provision to read as it appears above. The provision as originally enacted read as follows:

"There is hereby authorized to be appropriated out of any moneys in the Treasury of the United States not otherwise appropriated, for the fiscal year ending June 30, 1928, and annually thereafter, the sum of $100,000, or so much thereof as may be necessary, to be spent by the Reclamation Bureau under the direction of the Secretary of the Interior, to defray the cost of operating and maintaining the Colorado River front work and levee system adjacent to the Yuma Federal irrigation project in Arizona and California."

1940 Amendment. The Act of July 1, 1940, 54 Stat. 708, amended this provision so that in addition to the work of operating and maintaining the Colorado front work and levee system adjacent to the Yuma Federal irrigation project in Arizona and California, the authorized appropriation was to be spent also "to defray the cost of other necessary protection works and systems along the Colorado River between said Yuma project and Boulder Dam." The

1940 Act appears herein in chronological order.

References in the Text. The Act of December 21, 1928 (45 Stat. 1057), as amended, referred to in the text, is the Boulder Canyon Project Act. The Act of August 30, 1935 (49 Stat. 1028, 1039), referred to in the text as ratifying the 1928 Act is the section of the Rivers and Harbors Act of 1935 which authorized the Parker Dam on the Colorado River and the Grand Coulee Dam on the Columbia River, and which ratified and validated all contracts and agreements executed in connection with these projects. Both the 1928 Act and extracts from the 1935 Act appear herein in chronological order.

Reference in the Text. The First Deficiency Appropriation Act, 1944, was approved April 1, 1944. The portion of the Act referred to in the text, i.e., "Department of the Interior, Bureau of ReclamationColorado River front work and levee system" (58 Stat. 150, 157), appears herein in chronological order.

Reference in the Text. Section 16(c), act approved March 3, 1925 (Forty-third Statutes at Large, page 1198), which is repealed by this act, provided an appropriation for the fiscal year ending June 30, 1927, and annually thereafter, of $35,000, or so much thereof as may be necessary, for the Colorado River front work and levee system. The provision appears herein as a note following the 1925 Act.

Supplementary Provision: Credit for Flood Protective Levee Systems. The Act of September 2, 1950, 64 Stat. 576, authorized credits for costs incurred by the Yuma project, the Yuma Auxiliary project and the Imperial Irrigation District of California, in constructing, operating and maintaining flood protective levee systems

COLORADO FRONT WORK AND LEVEE SYSTEM

along or adjacent to the lower Colorado River in Arizona, California, and Lower California, Mexico. The 1950 Act appears herein in chronological order.

403

Legislative History. H.R. 11616, Public Law 560 in the 69th Congress. H.R. Rept. No. 993. S. Rept. No. 1145. H.R. Rept. No. 1727 (conference report).

404

COMPENSATION TO CITIZENS NEAR HATCH, N. MEX., FOR FLOOD DAMAGES

An act for the payment of damages to certain citizens of New Mexico caused by reason of artificial obstructions to the flow of the Rio Grande by an agency of the United States. (Act of February 25, 1927, ch. 213, 44 Stat. 1792)

[Sec. 1. Survey for determination of property loss-Payment.]-The Secretary of the Interior is authorized and directed (1) to cause a survey to be made in such manner and under such regulations as he deems necessary for the purposes of this act to determine the property loss by flood by reason of the overflow of the Rio Grande River on August 17, 1921, sustained by Lucas Trujillo, Juan Bians, Mariano P. Padillo, Bruno Perea, Juan Jose Trujillo, Miguel Trujillo, Francisco Saiz, Antonio Provencio, B. R. Carreros, Santiago Serna, Roman M. Herrera, and other property owners, who are citizens of the United States residing at or in the vicinity of Hatch and Santa Teresa, New Mexico; and (2) to pay such losses in full if the amount appropriated in section 2 of this act is sufficient or, if such amount is insufficient, to pay to each person such percentage of the amount of his property loss as the amount appropriated bears to the amount determined by the Secretary as the property loss sustained. (44 Stat. 1792)

Sec. 2. [Appropriation authorized.]-There is hereby authorized to be appropriated, out of any money in the reclamation fund of the Treasury the sum of $75,000 or so much thereof as may be necessary for the purposes of this act. (44 Stat. 1792)

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