INVESTIGATIONS ON THE RIO GRANDE An act providing for a study regarding the equitable use of the waters of the Rio Grande below Fort Quitman, Texas, in cooperation with the United States of Mexico. (Act May 13, 1924, ch. 153, 43 Stat. 118) [Sec. 1. Commission authorized to cooperate with Mexico regarding waters below Fort Quitman.]-That the President is hereby authorized to designate three special commissioners to cooperate with representatives of the United States of Mexico in a study regarding the equitable use of the waters of the Rio Grande below Fort Quitman, Texas, with a view to their proper utilization for irrigation and other beneficial uses. One of the commissioners so appointed shall be an engineer experienced in such work. Upon completion of such study the results shall be reported to Congress. (43 Stat. 118.) Sec. 2. [Expense authorized.]-The sum of $20,000 is hereby authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated for carrying out the provisions hereof. (43 Stat. 118.) NOTES Amendment.-Act March 3, 1927, Pub. Res. No. 62 (44 Stat. 1403). Cross references.-See appropriation act of December 5, 1924 (43 Stat. 692), which appropriated $20,000 to meet the expenses of a commission on equitable use of the waters of the Rio Grande, including salaries of commissioners and other employees, etc., designated under the above act. See also act of March 4, 1925 (43 Stat. 1340), reappropriating the $20,000 made available by act of December 5, 1924 (43 Stat. 692). The act of July 3, 1926 (44 Stat. 841, 867), reappropriated and made available until June 30, 1927, the $20,000 made by act of December 5, 1924, and continued available by the act of March 4, 1925. See act of July 3, 1926 (44 Stat. 841, 864), for provision regarding traveling and subsistence expenses for commission on equitable use of waters of the Rio Grande. See act of December 22, 1927 (45 Stat. 29). 284 CLAIM OF SOUTHERN PACIFIC COMPANY FOR CLOSING BREAK An act to confer jurisdiction upon the Court of Claims to ascertain the cost to the Southern Pacific Company, a corporation, and the amounts expended by it from December 1, 1906, to November 30, 1907, in closing and controlling the break in the Colorado River, and to render judgment therefor, as herein provided. (Act May 26, 1924, ch. 192, 43 Stat. 171) [Claim referred to Court of Claims-Judgment to be rendered for amount due-Right of appeal-Evidence submitted.]-Whereas at the request of President Roosevelt, and under the stress of great emergency, from December 1, 1906, to November 30, 1907, the Southern Pacific Company closed and controlled the break in the Colorado River and thereby prevented the overflow and destruction of one million two hundred and fourteen thousand acres of irrigable land in the Imperial Valley in southern California, and saved to the Government the Laguna Dam and the Yuma reclamation project connected therewith in Arizona, as well as thousands of acres of other Government land along the Colorado River: Therefore Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the claim of the Southern Pacific Company, a corporation, against the United States for reimbursement and repayment to such company of the cost to said company and the amounts expended by it from December 1, 1906, to November 30, 1907, in closing and controlling the break in the Colorado River, be, and such claim is hereby, referred to the Court of Claims, and full jurisdiction is hereby vested in said court to ascertain the amounts actually expended and the actual costs incurred by the said Southern Pacific Company in closing and controlling said break within said period and to render judgment in favor of said Southern Pacific Company and against the United States of America for such aggregate amounts, less such proportion of such expenditures and costs as would be fair and reasonable to be deducted as said company's share of such expenditures and costs and the share of any subsidiary corporation of said Southern Pacific Company, because of the amount and probable value of the land and improvements thereon belonging at the time to said company, or any subsidiary corporation of said Southern Pacific Company, and which in the opinion of said court were saved by the closing and controlling of said break, as compared with the amount and probable value of the other land, improvements, and other property belonging at the time to the United States Government and occupants and settlers, and exclusive of railroad holdings, and holdings of any subsidiary corporation of said Southern Pacific Company, which, in the opinion of said court, were also saved by the closing and controlling of said break; with the right of appeal to both parties, and no statute of 286 CLAIM OF SOUTHERN PACIFIC COMPANY limitations shall apply to the right of recovery by said claimant. In ascertaining and determining aforesaid costs, expenses, facts, and matters, the court may receive and consider all papers, depositions, records, correspondence, and documents heretofore at any time filed in Congress, or with committees thereof, and in the executive departments of the Government, together with any other evidence offered. (43 Stat. 171.) NOTE Cost of closing and controlling break.-Under this act, in Southern Pacific Co. v. United States, judgment was awarded the plaintiff for the cost and amounts expended by it in closing and controlling the break in the Colorado River. Southern Pacific Co. v. United States, decided June 10, 1929 (68 Ct. Cls. 223). SPECIAL PROVISIONS OF INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1925 [Extract from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1925, and for other purposes. (Act June 5, 1924, ch. 264, 43 Stat. 390) [Purchases of supplies, etc., not exceeding $100.]-The purchase of supplies and equipment or the procurement of services for the Department of the Interior, the bureaus and offices thereof, * * * at the seat of government, as well as those located in the field outside the District of Columbia, may be made in open market without compliance with sections 3709 and 3744 of the Revised Statutes of the United States, in the manner common among business men, when the aggregate amount of the purchase or the service does not exceed $100 in any instance. (43 Stat. 392.) Textual note.-Codified as section 496, title 5, United States Code, reference in the code being made to "sections 5 and 16 of title 41" instead of to "sections 3709 and 3744 of the Revised Statutes of the United States," as above. Small purchases to evade law prohibited. The act of June 5, 1924 (43 Stat. 390), permitting the Department of the Interior to make purchases not exceeding $100 in amount in the open market without regard to sections 3709 and 3744, Revised Statutes, does not authorize a succession of small purchases merely to avoid compliance with said sections of the Revised Statutes. (5 Comp. Gen. 41: C. L. 1508, February 4, 1926, and C. L. 1584, December 8, 1926; see also 4 Comp. Gen. 159; C. L. 1402 and C. L. 1492.) Enlargement of work.-Readvertising is not necessary where after the lowest bid has been accepted it has been decided to build a longer line of railroad than originally contemplated for the purpose of hauling material to a dam site; and the accepted bidder may be accorded an extension of time for completion to compensate for the added mileage. (Comp. Gen. Dec. A-20521, November 18, 1927 (Owyhee project). 5 Comp. Gen. 508 distinguished.) Sales tax. Under the act of July 1, 1918, which authorizes purchases by the Reclamation Service (Bureau of Reclamation) to be made in open market without formal contract where the amount is not in excess of $50, payment of the sales tax imposed by section 900 of the act of February 24, 1919, is authorized where the amount of the purchase is within the limitation prescribed. (25 Comp. Dec. 782.) Miscellaneous.-C. L. No. 777, August 16, 1918, issued instructions regarding purchases without advertising. * * * * not [Yuma project-Restrictions on development of electric power-Repaying cost of plant.]-Yuma project, Arizona-California: to exceed $250,000 may be expended for the construction of a hydroelectric power plant at the syphon drop on the main canal: Provided, That no part of said sum of $250,000 shall be expended until contracts have been entered into by a majority of the water-right applicants and entrymen, for the lands to be charged with the cost of said hydroelectric power plant in the manner provided by section 4 of the reclamation extension act approved August 13, 1914 (Thirty 288 SPECIAL PROVISIONS, INTERIOR DEPT.APPROPRIATION ACT, 1925 eighth Statutes at Large, page 686), wherein said water-right applicants and entrymen shall agree to repay the cost of said power plant chargeable against their lands, in 12 equal annual instalments, commencing December 1, 1925. (43 Stat. 416.) * * [Boise project-Drainage expenditures limited-Restrictions on development of electric power-Contract requirements-Rates for power.]Boise project, Idaho: * *Provided, That the expenditure for drainage shall not exceed the amount paid by the water users pursuant to the provisions of the Boise public notice dated February 15, 1921, except for drainage in irrigation districts formed under State laws and upon the execution of agreements for the repayment to the United States of the costs thereof * * Provided further, That no part of the money appropriated under this paragraph shall be expended for the development of electric power until the Secretary of the Interior shall have secured, subject to the needs of the Boise project, a contract with the Gem Irrigation District, providing for the purchase by that district, for a period to be determined by the Secretary of the Interior, of the electric power necessary for the irrigation of the lands of said district: And provided further, That the rates in such contract shall be sufficient to include interest at five per centum per annum on the cost of such power development plus a reasonable depreciation on the power plant, as found by the Secretary of the Interior, and that the contract shall provide that before delivery of power in any season the district shall furnish security satisfactory to the Secretary of the Interior to insure payment to the Government of the power charges for such season, and that such contract shall be entered into only in the event that the holders of not less than ninety per centum of the face value of the bonded and warrant indebtedness of the district shall subordinate their claims to the obligations of the district to the Government under such contract: And provided further, That in the event power is furnished from the said power plant to more than one contractor, then the rates for power shall be fixed so that each such contractor, including said district, shall pay only its proper proportionate share of said interest and depreciation, as found by the Secretary of the Interior. (43 Stat. 416.) [Expenditures for American Falls Reservoir restricted-Title for Indian lands-Expenses shared.]-Minidoka project, Idaho: For operation and maintenance, continuation of construction, and incidental operations, $1,045,000: Provided, That no part of this appropriation (and no part of any unencumbered balance of the 1924 appropriation for the Minidoka project) shall be expended on the American Falls Reservoir until (1) all acts have been performed that are necessarily precedent to the confirmation of title in fee in the United States for said reservoir of such Indian lands as are essential to the construction of the same; (2) companies and districts which have contracted to cooperate with the United States in the construction of said reservoir and have contracted to participate in said reservoir to an |