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IRRIGATION DISTRICTS AND FARM LOANS

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the district or association. This provision is not applicable to the Salt River Valley Water Users Association. (General Land Office Instructions, June 12, 1930, 53 I. D. 128.)

Recording of deeds.-Chapter 137 of the 1931 Session Laws of New Mexico authorized the recording of deeds and other instruments in favor of irrigation districts at a minimum filing fee of 25 cents. In Elephant Butte Irrigation District V. Nevarez it was held by the district court for Dona Ana County, N. Mex., that deeds to the United States for the benefit of an irrigation district under contract to pay the cost of a Federal reclamation project might be recorded upon the payment of this minimum fee. (Oct. 26, 1931.)

Sec. 2. [Patents and water-right certificates for lands in irrigation districts—Liens Release.)—That patents and water-right certificates which shall hereafter be issued under the terms of the act entitled “An act providing for patents on reclamation entries, and for other purposes”, approved August 9, 1912 (Thirty-seventh Statutes at Large, page 265), for lands lying within any irrigation district with which the United States shall have contracted, by which the irrigation district agrees to make the payment of all charges for the building of irrigation works and for operation and maintenance, shall not reserve to the United States a lien for the payment of such charges; and where such a lien shall have been reserved in any patent or water-right certificate issued under the said act of Congress, the Secretary of the Interior is hereby empowered to release such lien in such manner and form as may be deemed effective; and the Secretary of the Interior is further empowered to release liens in favor of the United States contained in water-right applications and to assent to the release of liens to secure reimbursement of moneys due to the United States pursuant to water-right applications running in favor of the water users' association and contained in stock subscription contracts to such associations, when the lands covered by such liens shall be subject to assessment and levy for the collection of all moneys due and to become due to the United States by irrigation districts formed pursuant to State law and with which the United States shall have entered into contract therefor: Provided, That no such lien so reserved to the United States in any patent or water-right certificate shall be released until the owner of the land covered by the lien shall consent in writing to the assessment, levy, and collection by such irrigation district of taxes against said land for the payment to the United States of the contract obligation: Provided further, That before any lien is released under this act the Secretary of the Interior shall file a written report finding that the contracting irrigation district is legally organized under the laws of the State in which its lands are located, with full power to enter into the contract and to collect by assessment and levy against the lands of the district the amount of the contract obligation. (42 Stat. 542.) Textual note.—The substance of this section is codified as section 512, title 43, United States Code.

NOTES

Regulations.-For departmental instructions regarding release of liens reserved by the act of August 9, 1912 (37 Stat. 265), see C. L. 1226, June 6, 1923, Or 49 L. D. 604.

An irrigation district may bid in lands within reclamation entries sold for charges assessed by the district under the authority conferred upon it by the acts of August 11, 1916, and May 15, 1922, without limit as to acreage and 268

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assign them to persons qualified to acquire them under the act of June 23, 1910, as amended, but patents cannot be issued to the district pursuant to such sales. (Glen L. Kimmel and Goshen Irrigation Districts, 53 I. D. 658.)

Sec. 3. [Contracts with irrigation districts subject to act of August 11, 1916.]—That upon the execution of any contract between the United States and any irrigation district pursuant to this act the public lands included within such irrigation district, when subject to entry, and entered lands within such irrigation district, for which no final certificates shall have been issued and which may be desig. nated by the Secretary of the Interior in said contract, shall be subject to all the provisions of the act entitled “An act to promote the reclamation of arid lands," approved August 11, 1916: Provided, That no map or plan as required by section 3 of the said act need be filed by the irrigation district for approval by the Secretary of the Interior

That the term “first mortgage” as used in section 12 of the Federal Farm Loan Act, approved July 17, 1916, shall be construed to include mortgages on farm lands under United States reclamation projects, notwithstanding there may be against such lands a reserved or created lien in favor of the United States for construction or other charges as provided in the act of June 17, 1902, and acts amendatory thereof and supplementary thereto, known as the reclamation law : Provided, That such lands are otherwise eligible for loans under the Federal Farm Loan Act: And provided further, That the amount and date of maturity of such liens shall be given due consideration in fixing the value of such lands for loan purposes. (42 Stat. 542.)

Textual note.—The substance of the first_paragraph of this section is codified as section 513, title 43, United States Code. The substance of the second paragraph is codified as section 773, title 12, United States Code.

NOTES

Cross reference.-This section construed as amending act of August 11, 1916 (39 Stat. 506) (49 L. D. 499).

Regulations.-For departmental instructions see 49 L. D. 498. See also 52 L. D. 155.

See Lincoln Land Co. v. Goshen Irrigation District, 293 Pac. 373.

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APPROPRIATIONS FOR BAKER PROJECT, OREGON

(Extract from) An act making appropriations for the Department of the Interior for the

fiscal year ending June 30, 1923, and for other purposes. (Act May 24, 1922, ch. 199, 42 Stat. 552)

[Appropriation for Baker project.] - Baker project, Oregon: For investigation, commencement of construction, and incidental operations, $400,000. (42 Stat. 585.)

NOTES

Similar language regarding the Baker project was carried in the appropriation act of January 24, 1923 (42 Stat. 1174, 1207), the amount appropriated being $500,000.

By act of June 5, 1924 (43 Stat. 390, 418), the unexpended balance of the above appropriation was reappropriated and made available for the fiscal year 1925.

Also by act of March 3, 1925 (43 Stat. 1141, 1168), the unexpended balance of the appropriation for the fiscal year 1925 was reappropriated and made available for the fiscal year 1926.

By act of May 10, 1926 (44 Stat. 453, 483), the unexpended balance of the appropriation for the fiscal year 1926 was reappropriated and made available for the fiscal year 1927.

For conditions attached to this appropriation see act of May 10, 1926. (44 Stat. 453, 479.) See also notes under this act.

The act of January 12, 1927 (44 Stat. 959), appropriated $150,000 "For commencement of construction,” Baker project, Oregon.

The act of March 7, 1928 (45 Stat. 229), reappropriated the unexpended balance of the appropriation for this project for the fiscal year 1928, and made it available for the same purpose for the fiscal year 1929.

The act of March 4, 1929 (45 Stat. 1591), reappropriated the unexpended balance of the appropriation for this project for the fiscal year 1929, and made it available for the same purpose for the fiscal year 1930.

The act of May 14, 1930 (46 Stat. 307), reappropriated the unexpended balance of the appropriation for this project for the fiscal year 1930, and made it available for the same purpose for the fiscal year 1931.

The act of February 14, 1931 (46 Stat. 1144), reappropriated $250,000 of the unexpended balance of the appropriation for the Baker project for the fiscal year 1931, and made this available for the fiscal year 1932, for the construction of Thief Valley Reservoir, on the condition that contracts for the sale of rights of way to the Government be executed prior to September 1, 1931,

Finding of feasibility approved.--Under date oi March 18, 1931, the President approved the findings of feasibility for the Baker project under section 1 of the act of June 25, 1910 (36 Stat. 835).

Secretary not required to expend appropriation for new project.--In opinion of Solicitor for Interior Department dated July 20, 1925, and opinion of Attorney General dated September 17, 1925 (34 Op. Atty. Gen. 545), it was held that the Secretary is not mandatorily required to enter upon the construction of a project that is shown by investigation not to be feasible. Opinion of Solicitor for Interior Department of June 11, 1926, was to same effect.

The Secretary of the Interior need not proceed with construction of the Baker or other irrigation project if existing conditions are not such as will enable him to enter into contract contemplated by statute appropriating funds for such projects. (35 Op. Atty. Gen. 125.)

SALE OF ELECTRIC POWER ON SALT RIVER PROJECT

An act authorizing the sale of surplus power developed under the Salt River reclamation

project, Arizona. (Act September 18, 1922, ch. 323, 42 Stat. 847)

[Contracts authorized for sale of power—Must not exceed 50 years, Money derived to be placed to credit of Salt River project.]—That whenever a development of power is necessary for the irrigation of lands under the Salt River reclamation project, Arizona, or an opportunity is afforded for the development of power under said project, the Secretary of the Interior is authorized, giving preference to municipal purposes, to enter into contracts for a period not exceeding fifty years for the sale of any surplus power so developed, and the money derived from such sales shall be placed to the credit of said project for disposal as provided in the contract between the United States of America and the Salt River Valley Users' Association, approved September 6, 1917: Provided, That no contract shall be made for the sale of such surplus power which will impair the efficiency of said project: Provided, however, That no such contract shall be made without the approval of the legally organized water users' association or irrigation district which has contracted with the United States to repay the cost of said project : Provided further, That the charge for power may be readjusted at the end of five, ten, or twenty year periods after the beginning of any contract for the sale of power in a manner to be described in the contract. (

(42 Stat. 847.) Textual note.—This act is codified as section 598, title 43, United States Code, the introductory word “That” being omitted.

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IRRIGATION INVESTIGATION IN NEBRASKA

Joint resolution providing for an additional investigation of the tricounty irrigation

project, Nebraska. (S. J. Res. 215, September 22, 1922, ch. 430, 42 Stat. 1057) [Investigation of tricounty project-Advance funds necessary.]—That the Secretary of the Interior, upon the payment to him in advance of the necessary funds to defray the expenses thereof, be, and he is hereby, authorized to make an additional investigation of the tricounty project in Nebraska, comprising the counties of Gosper, Phelps, and Kearney, in said State, and to extend said investigation into Adams County, Nebraska, with a view of ascertaining whether it is practicable to convey for irrigation purposes flood waters from the Platte River onto lands in said counties. (42 Stat. 1057.)

NOTE

Cross reference.-See Senate Resolution No. 251, June 7, 1924, extending above joint resolution.

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