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DRAINAGE ON THE NEWLANDS PROJECT

An act authorizing an appropriation to meet proportionate expenses of providing a drainage system for Piute Indian lands in the State of Nevada within the Newlands reclamation project of the Reclamation Service. (Act February 14, 1923, ch. 77, 42 Stat. 1246)

[Drainage of lands of Piute Indians-Reimbursement.]—That there is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated, the sum of $41,077.05, payable in 20 annual installments of $2,100 each, except the last, which shall be the amount remaining unpaid, for the purpose of meeting the proportionate expense of providing a drainage system for 4,047 acres of Piute Indian lands in the State of Nevada within the Newlands project of the Reclamation Service.

The money herein authorized to be appropriated shall be reimbursed in accordance with the provisions of law applicable to said Indian lands. (42 Stat. 1246.)

NOTES

Amendment.-Act of June 7, 1924 (43 Stat. 595), amends this act by increasing the annual appropriation from $2,100 to $2,500.

Act of June 26, 1926 (44 Stat. 771), authorizes the cancellation and remittance of construction assessments against allotted Piute Indian lands irrigated under the Newlands project and the reimbursement of the Truckee-Carson irrigation district for certain expenditures for the operation and maintenance of drains for said lands.

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COLUMBIA RIVER INVESTIGATIONS

An act authorizing the Secretary of the Interior to investigate the feasibility of reclamation projects on the Columbia River and various other irrigation projects. (Act February 21, 1923, ch. 101, 42 Stat. 1281)

[Investigations for projects on Columbia River-Other projects.]—That the following sums are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be immediately available for expenditure by the Secretary of the Interior, namely:

For investigations of the feasibility of irrigation by gravity or pumping, water sources, water storage, and related problems on the Columbia River and its tributaries, including the Columbia Basin project, $100,000; the Umatilla Rapids project, $50,000; in all, $150,000. For cooperative and miscellaneous investigations of the feasibility of reclamation projects, $125,000 annually. (42 Stat. 1281.)

NOTES

Cross references.-The act of March 4, 1923 (42 Stat. 1527, 1540), made appropriations for the above-mentioned projects, to be available until December 31, 1924.

Joint resolution of December 22, 1924 (43 Stat. 721), reappropriated and made available until February 15, 1925, the unexpended balance of the appropriation contained in the act of March 4, 1923.

Study of the marketing of farm products.-The Comptroller General on May 26, 1928, held that the appropriation for investigations, Columbia Basin irrigation project, 1927, 1928, can not be used to pay the State of Washington a maximum of $2,000 for one-half the cost of the State's investigation and study of the marketing of farm products, as provided in paragraph 9 of the contract of December 13, 1927, between the United States and the State of Washington. (Comp. Gen. decision A-22622, May 26, 1928.)

This note is also applicable to acts regarding Columbia Basin project dated, respectively, April 13, 1926 (44 Stat. 247), and July 3, 1926 (44 Stat. 857).

RELIEF TO WATER USERS ON FEDERAL IRRIGATION PROJECTS

An act to extend the time for payment of charges due on reclamation projects, and for other purposes. (Act February 28, 1923, ch. 145, 42 Stat. 1324)

[Sec. 1. Time for payment extended to two years.]-That section 1 of the act entitled "An act to authorize the Secretary of the Interior to extend the time for payment of charges due on reclamation projects, and for other purposes", approved March 31, 1922, is amended by striking out the words "one year" where they appear in such section and inserting in lieu thereof the words "two years.' Stat. 1324.)

NOTES

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Cross reference.-See notes under act March 31, 1922 (42 Stat. 489). Payments already due.-The act of March 31, 1922 (42 Stat. 489), as amended and enlarged by the act of February 28, 1923 (42 Stat. 1324), authorizes extension of time to individual water users or a legally organized group of water users, and the terms of that legislation should be applied in all cases of extension of time for payments already due. (Construction of reclamation laws relating to contracts between Reclamation Bureau and irrigation districts, departmental opinion, September 29, 1923, 50 L. D. 145.)

Circular letters.-No. 1197, March 7, 1923, departmental regulations; also printed at 49 L. D. 472.

No. 1200, March 17, 1923, supplementing C. L. 1197.

No. 1209, April 6, 1923, modifying paragraph 13 of No. 1197.

No. 1205, March 26, and No. 1217, May 10, 1923, accounting under the relief act.

No. 1269, November 10, 1923, amends C. L. 1217.

No. 1222, May 23, 1923, and No. 1225, June 1, 1923, departmental decisions in regard to relief act.

Sec. 2. [Further extension.]—That the Secretary of the Interior is authorized, in the manner and subject to the conditions imposed by such act of March 31, 1922, to extend for a period not exceeding two years from December 31, 1922, the date of any payment of any charge the date of payment of which has been extended under the provisions of section 1 of such act. (42 Stat. 1324.)

Sec. 3. [Interest on extended payments-Penalty for nonpayment.]— That every charge, the date of payment of which is extended under the provisions of section 2 of this act, shall draw interest at the rate of 6 per centum per annum from the date from which it was so extended in lieu of any penalty that may now be provided by law, but in case such charge is not paid at the end of the period for which it is so extended any such penalty shall attach from the date the charge was originally due, as if no extension had been granted. (42 Stat. 1325.)

Sec. 4. [Extension of time to two years.]-That section 2 of such act of March 31, 1922, is amended by striking out the words "season of 1922" where they appear in such section and by inserting in lieu thereof the words "seasons of 1922 and 1923." (42 Stat. 1325.)

RELIEF TO WATER USERS ON FEDERAL IRIGATION PROJECTS 277

Sec. 5. [Accrued charges on Boise project-Adjustment.]-That where an individual water user, or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), or any act amendatory thereof or supplementary thereto, is unable to pay any construction or operation and maintenance charge due excepting operation and maintenance charges for drainage on the Boise, Idaho, project, for the year 1922, or prior thereto, the Secretary of the Interior is hereby authorized in his discretion to add such accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges equally over each of the subsequent years, beginning with the year 1924, at such rate per year as will complete the payment during the remaining years of the twenty-year period of payment of the original construction charge: Provided, That upon such adjustment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 6 per centum per annum, paid annually from the time said amount became due to date of payment: Provided further, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior detailed statement of his assets and liabilities and actual inability to make payment at the time of the application and an apparent ability to meet the deferred charges in 1924 and subsequent years: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this act, any penalty now provided by law shall attach from the date the charge was originally due: And provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary. (42 Stat. 1325.)

Textual note.-This section is codified as section 591, title 43, United States Code, with the following changes: Instead of reference to "act of June 17, 1902, etc.," reference is made to "reclamation law"; in the third proviso the word "act" reads "section"; and in the third proviso the words "any penalty now provided by law" are changed to read "any penalty provided by law, prior to February 28, 1923."

SUIT RESPECTING KLAMATH PROJECT LAND AUTHORIZED

An act authorizing the State of California to bring suit against the United States to determine title to certain lands in Siskiyou County, Calif. (Act March 3, 1923, ch. 220, 42 Stat. 1438)

[Suit to determine title to lands in Siskiyou County, California-Secretary made a party-Defense by Attorney General.]-That consent is hereby given that a suit or suits may be instituted by or in behalf of the State of California in the Supreme Court of the United States to determine the right, title, and interest of such State to certain lands in Siskiyou County, California, alleged to have been ceded by such State to the United States by act of the Legislature of the State of California entitled "An act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also ceding to the United States all the right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the State," approved February 3, 1905, and in any such suit the right, title, and interest of such State and of the United States may be fully tested and determined if the Secretary of the Interior is made a party to such suit.

Upon the request of such Secretary the Attorney General of the United States is authorized and directed to defend the right, title, and interest of the United States to such land or any part thereof. (42 Stat. 1438.)

NOTE

This act was referred to in decision of the Solicitor dated June 9, 1932 (M-27055), approved by the Department. See note following act of February 9, 1905 (33 Stat. 714).

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