RED RIVER OF THE NORTH COMPACT 593 is known as that portion of the Red River originating in Becker and Otter Tail counties extending and flowing through in a southerly and southwesterly direction through the counties of Becker, Otter Tail and Wilkin, and emptying into the Red River of the North at the junction of the Boise de Sioux at Breckenridge, Minnesota and its chain of lakes and its tributaries. "The Commission shall have power to cooperate with any duly authorized federal, state or municipal agency in studies and surveys, construction, maintenance and operation of water projects within the scope of its jurisdiction. "The Commission shall be authorized to exercise the power of eminent domain, to acquire such real and personal property as may be reasonably necessary to effectuate the purposes of this compact, and to exercise all other powers not inconsistent with the constitutions of the States of North Dakota, South Dakota and Minnesota, or with the Constitution of the United States, which may be reasonably necessary or appropriate for or incidental to the effectuation. of its authorized purposes, and generally to exercise in connection with the property and affairs and in connection with property within its control any and all powers which may be exercised by a private corporation in connection with similar property and affairs. "ARTICLE IX "The Commission shall study the methods of financing the construction, control, maintenance and operation of projects and shall recommend for enactment to the legislatures of the states concerned such legislation as will effectuate the purposes and ends of the Commission. "ARTICLE X "Each state shall bear its proportionate share of the expense of the Commission based on the pro rata value to such state of the activities of the Commission, which expense shall be provided for by appropriation by the legislature. "ARTICLE XI "Should any part of this compact be held to be contrary to the constitution of any of said states or of the United States such part of said compact shall become inoperative as to each state but all other severable provisions of this compact shall continue in full force and effect. "ARTICLE XII "This compact shall become operative immediately after it has been signed by the Governor of the State of South Dakota, the Governor of the State of North Dakota and the Governor of the State of Minnesota. "In testimony whereof the Governor of the State of South Dakota, the Governor of the State of North Dakota and the Governor of the State of Minnesota have signed this compact in triplicate and the seals of said states have been thereunto affixed. 594 RED RIVER OF THE NORTH COMPACT "Done this 23rd day of June, in the year of our Lord One Thousand Nine Hundred Thirty-seven. "LESLIE JENSON "Governor of the State of South Dakota "WILLIAM LANGER "Governor of the State of North Dakota "ELMER A. BENSON "Governor of the State of Minnesota." Sec. 2. [Reservation clause.]-The right to alter, amend, or repeal this Act is hereby expressly reserved. (52 Stat. 150) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Consent to Interstate Agreements and Projects. Section 5 of the Act of August 8, 1917, 40 Stat. 250, 266, provides as follows: "Sec. 5. Congress hereby consents that the States of Minnesota, North Dakota, and South Dakota, or any two of them, may enter into any agreement or agreements with each other to aid in improving navigation and to prevent and control floods on boundary waters of said States and the waters tributary thereto. And said States, or any two of them, may agree with each other upon any project or projects for the purpose of making such improvements, and upon the amount of money to be contributed by each to carry out such projects. The Secretary of War is authorized and directed to make a survey of any project proposed, as aforesaid, by said States, or any two of them, to determine the feasibility and practicability thereof and the expenses of carrying the same into effect and what share of such expenses should be borne by the respective States, local interests, or by the National Government. If the Secretary of War approves any such projects, he may authorize the States to make such improvements at their own expense, but under his supervision. That the sum of $25,000, or so much thereof as may be necessary is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, for the purpose of enabling the Secretary of War to make the surveys and estimates herein contemplated." Legislative History. S. 1570, Public Law 456 in the 75th Congress. H.R. Rept. No. 1807 (on H.R. 8043). 595 SHOSHONE POWER PLANT REVENUES An act providing for the allocation of net revenues of the Shoshone power plant of the Shoshone reclamation project in Wyoming. (Act of April 9, 1938, ch. 132, 52 Stat. 210) [Sec. 1. Distribution of net revenues.]—The net revenues from the Shoshone power plant of the Shoshone irrigation project, properly and equitably allocable to the unconstructed portions of the Shoshone project from the operation of the Shoshone power plant, shall be applied, first, to the repayment of the proportionate construction cost of the power system; second, to the repayment of the proportionate construction cost of the Shoshone Dam; and, third, thereafter such net revenues shall be paid into the reclamation fund, and that the Secretary of the Interior is hereby authorized and directed to apply the net revenues properly and equitably apportioned or to be apportioned to the Garland and Frannie Divisions of said project, in accord with the terms and provisions of existing contracts with the water users on said project. (52 Stat. 210) Sec. 2. [Conflicting acts repealed.]-All acts or parts of Acts in conflict herewith are hereby repealed. (52 Stat. 210) 596 AMEND TUCUMCARI PROJECT ACT An act to amend an act entitled "An Act to authorize the construction of a Federal reclamation project to furnish a water supply for the lands of the Arch Hurley Conservancy District in New Mexico", approved August 2, 1937, ch. 134, 50 Stat. 557. (Act of April 9, 1938, ch. 134, 52 Stat. 211) The Act entitled "An Act to authorize the construction of a Federal reclamation project to furnish a water supply for the lands of the Arch Hurley Conservancy District in New Mexico", approved August 2, 1937 (Public, Numbered 241), is amended to read as follows: "[Project to be found feasible if district can repay amount expended from Reclamation Fund, and if such money plus other money equals construction cost-Repayment contract to be executed-Landowners to sell excess acreage-All owners to contract, if land sold above appraised prices, that one-half such excess be paid United States.]-The Secretary of the Interior is hereby authorized to construct a Federal reclamation project for the irrigation of the lands of the Arch Hurley Conservancy District in New Mexico under the Federal reclamation laws: Provided, That construction work is not to be initiated on said irrigation project until (a) the project shall have been found to be feasible under subsection B of section 4 of the Act of December 5, 1924 (43 Stat. 702), but the project may be found to be financially feasible if the Secretary of the Interior finds that the amount to be expended from the reclamation fund can be repaid by the District, and further that the amount of money to be expended from the reclamation fund, plus the amount of money which has been made available from other sources (for the estimated period of construction), equals the estimated cost of construction; (b) a contract shall have been executed with an irrigation or conservation district embracing the land to be irrigated under said project, which contract shall obligate the contracting district to repay the cost of construction of said project met by expenditure of moneys from the reclamation fund in forty equal annual installments, without interest; (c) contracts shall have been made with each owner of more than one hundred and sixty irrigable acres under said project, by which he, his successors, and assigns shall be obligated to sell all of his land in excess of one hundred and sixty irrigable acres at or below prices fixed by the Secretary of the Interior and within the time to be fixed by said Secretary, no water to be furnished to the land of any such large landowner refusing or failing to execute such contract; and (d) contracts shall have been made with all owners of lands to be irrigated under the project by which they will agree that if their land is sold at prices above the appraised value thereof, approved by said Secretary, one-half of such excess shall be paid to the United States to be applied in the inverse order of the due dates upon the construction charge installments coming due thereafter from the owners of said land." (52 Stat. 211; 43 U.S.C. § 600) AMEND TUCUMCARI PROJECT ACT EXPLANATORY NOTES Reference in the Text. Subsection B of section 4 of the Act of December 5, 1924 (43 Stat. 702), referred to in the text, requires a finding of feasibility before a new project or new division of a project is approved. The Act is the Fact Finders' Act, which appears herein in chronological order. 597 Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of August 2, 1937. Legislative History. H.R. 8817, Public Law 477 in the 75th Congress. H.R. Rept. No. 1808. S. Rept. No. 1415. |