CANCELLATION OF WATER-RIGHT CHARGES AND RELEASE OF LIENS ON BUFORD-TRENTON AND WILLISTON PROJECTS, NORTH DAKOTA

An act to cancel water-right charges and release liens on the Buford-Trenton and Williston irrigation projects, North Dakota, and for other purposes. (Act May 26, 1926, ch. 395, 44 Stat. 653)

[Sec. 1. Secretary authorized to cancel water-right charges and release liens, Buford-Trenton and Williston projects.]-That the Secretary of the Interior be, and he hereby is, authorized to cancel water-right charges of any and every kind in connection with the Buford-Trenton and Williston irrigation projects in North Dakota constructed under the act of Congress approved June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, and to release or consent to the release of any and all liens however created and now existing against lands of said projects on account of said water-right charges. (44 Stat. 653.)

Sec. 2. [Power of Secretary.]-The Secretary of the Interior is authorized to do any and all things necessary to give full effect to the provisions of this act. (44 Stat. 653.)

349

APPOINTMENT OF COMMISSIONER OF RECLAMATION

An act to provide for the appointment of a Commissioner of Reclamation, and for other purposes. Act May 26, 1926, ch. 401, 44 Stat. 657)

[Sec. 1. Reclamation of arid lands shall be administered by Commissioner of Reclamation-Salary.]-That under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the act of June 17, 1902, and acts amendatory thereof and supplementary thereto, shall be administered by a Commissioner of Reclamation who shall receive a salary of $10,000 per annum, and who shall be appointed by the President. (44 Stat. 657.)

Textual note.-This act is codified as section 373a, title 43, United States Code, the first word "That" being omitted, and "act of June 17, 1902, and acts amendatory thereof and supplementary thereto" being changed to "provisions of this chapter."

350

REPAYMENT OF EXCESS AMOUNTS PAID FOR LOTS IN BOWDOIN,

MONT.

An act authorizing repayment of excess amounts paid by purchasers of certain lots in the town site of Bowdoin, Montana. (Act June 8, 1926, ch. 500, 44 Stat. 708)

[Excess of payments for town-site lots to be certified.]-That the Secretary of the Interior is hereby authorized to certify to the Secretary of the Treasury the difference between the amounts paid by purchasers of the lots in the town site of Bowdoin, Montana, and the price fixed as result of reappraisal by the Secretary of the Interior of May 11, 1925, in all cases whether patents had or had not issued at the time of the reappraisal of the lots: Provided, That the purchasers or their legal representatives apply for repayment of such amounts within two years from the passage of this act. (44 Stat. 708.)

Sec. 2. [Payment authorized from reclamation fund.]-Upon receipt of the certificate from the Secretary of the Interior, the Secretary of the Treasury is hereby authorized and directed to make payment to such purchasers out of the fund known as the Reclamation Fund, created by the act of Congress approved June 17, 1902, Thirty-second Statutes, page 388. (44 Stat. 708.)

NOTE

Cross reference.-See act of February 26, 1929 (45 Stat. 1146).

351

RED BLUFF FEDERAL IRRIGATION PROJECT

An act to provide for the storage of the waters of the Pecos River. (Act June 18, 1926, ch. 622, 44 Stat. 753)

[Sec. 1. Secretary authorized to construct Red Bluff project, Pecos River-Area of project limited.]-That in accordance with the provisions of the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, except as the same are modified herein, the Secretary of the Interior is hereby authorized and empowered to construct the Red Bluff Federal irrigation project, consisting of a reservoir upon the Pecos River, sufficient in size for the irrigation of not exceeding forty thousand acres of land in the State of Texas, which reservoir shall be located at a point where it will impound the flood waters of Delaware Creek and Black River, and shall be provided with all necessary incidental works for the operation of the same. (44 Stat. 753.)

Sec. 2. [Expenditure for construction contingent upon contract to pay United States costs incurred.]-That no expenditure for construction shall be made under this act until an appropriate contract or contracts in form approved by the Secretary of the Interior, providing for the payment to the United States as provided herein of the costs incurred on account of said project, shall have been properly executed by a district or districts organized under State law and embracing property to be benefited by said project, and such execution shall have been confirmed by a court of competent jurisdiction: Provided, That expenditures may be made hereunder at any time to cover necessary expenses incurred by the United States on account of preliminary investigations and negotiations in connection with the execution of the contract or contracts provided for by this section. (44 Stat. 753.)

Sec. 3. [Repayment to United States of cost of construction.]-That the total cost of the United States of the construction of said project shall be repaid to the United States in twenty annual installments, without interest, as follows: Five per centum thereof on March 1st of the second year following the year in which water becomes first available from said reservoir for irrigation, and 5 per centum thereof annually thereafter until the whole amount is paid: Provided, That if any installment shall not be paid when due there shall be added at once to such installment a penalty of 1 per centum thereof and thereafter on the first day of each month a like penalty so long as the default continues. (44 Stat. 753.)

Sec. 4. [Payment to United States in advance of cost of operating and maintaining project.]-That the cost to the United States of operating and maintaining said project shall be paid to the United States in advance upon annual estimates made by the Secretary of the Interior,

RED BLUFF FEDERAL IRRIGATION PROJECT

353

and upon a day to be fixed by him: Provided, That the cost of operating and maintaining the project the year water is first available there from for irrigation, shall be merged with and made a part of the construction cost. If the estimate for any one year shall be either more or less than the actual cost, an appropriate adjustment shall be made in the estimate for the next succeeding year. (44 Stat. 753.)

Sec. 5. [Classification of irrigable lands and public notice as to construction charges not required; determination by Secretary of cost of project.]-That no classification by the Secretary of the Interior of the irrigable lands of said project shall be required, nor shall he issue any public notice relating to construction charges against said lands: Provided, That the Secretary of the Interior shall determine the cost of said project, including the cost of operating and maintaining it the first season water is available therefrom for irrigation, and shall furnish a statement of such cost to the contracting district or districts. (44 Stat. 754.)

Sec. 6. [Appropriation authorized limited to $2,000,000.]-That there is hereby authorized to be appropriated from any moneys not otherwise appropriated, in the reclamation fund such an aggregate amount as may be necessary to carry out the purposes of this act, not exceeding the sum of $2,000,000. (44 Stat. 754.)

Sec. 7. [Use of water from Pecos River in New Mexico above Avalon Dam limited-Approval by State of Texas.]-In the event that any irrigation works are constructed under the authorization contained in this act, neither the United States, the State of Texas, nor any of the parties for whose benefit said works are to be constructed shall at any time hereafter have or claim, or attempt in any manner to acquire, any right to the use in the State of Texas of any water which shall flow in the Pecos River, or any of its tributaries, in New Mexico at or above the Avalon Dam, except such of said water as may not at any time be used or diverted from or above said dam: Provided, That nothing in this section shall be construed to curtail the quantity of water to which present users in Texas may now be lawfully entitled: And provided further, That no construction under this act shall begin until the State of Texas, through legislative act, signed and approved by the governor of said State, shall have agreed to the provisions of this section. (44 Stat. 754.)