EXTENSION OF TIME OF CONSTRUCTION CHARGES ON RIO GRANDE

PROJECT

An act extending the time of construction payments on the Rio Grande Federal irrigation project, New Mexico-Texas. (Act May 28, 1928, ch. 815, 45 Stat. 785)

[Sec. 1. After payment of first four installments, construction charge payable in installments of $3.60.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to enter into amended. contracts with the Elephant Butte irrigation district, of New Mexico, and El Paso County water improvement district Numbered 1, of Texas, whereby, after the payment of the first four annual installments, as now provided for in existing contracts, upon the construction charge under the Rio Grande Federal irrigation project, New Mexico-Texas, the remaining unpaid construction charge per irrigable acre shall be payable annually in installments of $3.60. (45 Stat. 785.)

Sec. 2. [Annual payments to continue until obligation discharged.]— These annual payments shall continue until the total construction charge against said districts is paid. (45 Stat. 786.)

Sec. 3. [Existing contracts to remain otherwise unaltered.]-The existing contracts between the United States and Elephant Butte irrigation district, of New Mexico, and between the United States and El Paso County water improvement district Numbered 1 shall remain unaltered except as herein otherwise directed. (45 Stat. 786.)

NOTE

See Public Resolution No. 127, Seventy-first Congress, Third session, approved March 3, 1931.

374

SPECIAL PROVISIONS OF SECOND DEFICIENCY ACT, FISCAL YEAR

1928

[Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1928, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1928, and June 30, 1929, and for other purposes. (Act May 29, 1928, ch. 853, 45 Stat. 883)

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[Newlands project-Survey and examination of water storage reservoir sites-Truckee River-Test borings-Carson River.]-Newlands project, Nevada: The unexpended balance of the appropriation of $50,000 for the survey and examination of water storage reservoir sites on the headwaters of the Truckee River, and for other purposes, contained in the act making appropriations for the Department of the Interior for the fiscal year 1928, shall continue available during the fiscal year 1929 for the same purposes, including test borings, and shall also be available for the survey and examination of water storage reservoir sites on the Carson River, investigations of dam sites at such storage reservoirs, and estimates of costs, with recommendations in regard thereto. (45 Stat. 902.)

NOTE

Artesian well. The Comptroller General, in decision A-24552, dated October 4, 1928, held that there is no authority for the expenditure of the above appropriation for the sinking of an artesian well proposed to be located on a site in the Truckee Meadows several miles down the river and not on a possible water storage reservoir site" on the headwaters of the Truckee River."

But see Newlands project item in Interior Department appropriation act for fiscal year 1930, approved March 4, 1929 (45 Stat. 1562).

[Hatch and Santa Teresa, New Mexico, claims.]-Damage claims: For payment in full settlement of all claims against the Government for flood damages to the owners of certain lands near Hatch and Santa Teresa, New Mexico, fiscal year 1929, $70,000, payable from the reclamation fund in accordance with section 2 of the act of February 25, 1927: Provided, That in addition to the above amount there shall be available for the same purpose such portion of the appropriation of $5,000 contained in the deficiency act of December 22, 1927, as may not be required to defray the expense of ascertaining the amount of such damages. (45 Stat. 903.)

NOTE

Hatch claims. Comptroller General's decision A-23558, July 27, 1928, contains instructions regarding the preparation of claims for compensation under the above provision. Vouchers should be forwarded for settlement by the General Accounting Office, signed by the claimants and supported in each case by (a) proof of residence and citizenship; (b) by a showing as to the damage suffered; (c) by certificate by the superintendent that the sum recommended in settlement is reasonable, and (d) by the title data called for by the decision.

On March 29, 1929, by decision A-23558, the Comptroller General held that appropriations for the Hatch flood damage claims are reimbursable and are chargeable to the operation and maintenance costs of the project.

BOARD TO EXAMINE SITE FOR DAM PROPOSED UNDER BOULDER DAM BILL

Joint resolution to appoint a board of engineers to examine and report upon the dam to be constructed under H. R. 5773, the Boulder Dam bill. (Pub. Res. 65, S. J. Res. 164, May 29, 1928, ch. 918, 45 Stat. 1011)

[Examination and report to be made prior to December 1, 1928Compensation of board-Construction plans to be approved by boardPresident's sanction and approval essential-Expenses.]-That the Secretary of the Interior is hereby authorized and directed to appoint a board of five eminent engineers and geologists, at least one of whom shall be an engineer officer of the Army on the active or retired list, to examine the proposed site of the dam to be constructed under the provisions of H. R. 5773, Seventieth Congress, first session, and review the plans and estimates made therefor, and to advise him prior to December 1, 1928, as to matters affecting the safety, the economic and engineering feasibility, and adequacy of the proposed structure and incidental works, the compensation of said board to be fixed by him for each, respectively, but not to exceed $50 per day and necessary traveling expenses, including a per diem of not to exceed $6, in lieu of subsistence, for each member of the board so employed for the time employed and actually engaged upon such work: And provided further, That the work of construction shall not be commenced until plans there for are approved by said special board of engineers. No authority hereby conferred on the Secretary of the Interior shall be exercised without the President's sanction and approval. The expenses herein authorized shall be paid out of the reclamation fund established by the act of June 17, 1902. (45 Stat. 1011.)

NOTE

Pursuant to the above act a report was submitted to Congress under date of December 3, 1928. The report was published as House Document No. 446, Seventieth Congress, second session. The Boulder Canyon project act was approved December 21, 1928. See next page.

Applicability of Economy Act of June 30, 1932.-In decision A-44084 dated August 23, 1932, the Comptroller General interpreted the above act with regard to the applicability of the Economy Act of June 30, 1932 (47 Stat. 400), and held as follows: With respect to persons employed under the act of May 29, 1928 (45 Stat. 1011) at a daily compensation of $50, there being no statutory limit on the aggregate amount which they may receive during the year, it must be held that their annual rate of compensation is to be computed in accordance with section 104 (c); that is, the daily rate multiplied by 307, which gives an annual rate of $15,350. Therefore, these employees are subject to a 15 percent reduc tion as required by section 105 (d) of the act for salaries of $15,000 or more but less than $20,000. As the rate of pay of the positions authorized by the statute will exceed $3,000 per annum, such employees would not be entitled, during the present fiscal year, to receive any pay as retired Army officers unless the retired pay amounts to $3,000 or more, in which case they may elect to receive either the civilian or the retired pay.

BOULDER CANYON PROJECT ACT

An act to provide for the construction of works for the protection and development of the Colorado River Basin, for the approval of the Colorado River compact, and for other purposes. (Act December 21, 1928, ch. 42, 45 Stat. 1057)

[Sec. 1. Dam at Black or Boulder Canyon for flood control, improving navigation, and for storage and delivery of water-Main canal to supply water for Imperial and Coachella Valleys-Power plant-All works in conformity with Colorado River compact.]-That for the purpose of controlling the floods, improving navigation and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking, the Secretary of the Interior, subject to the terms of the Colorado River compact hereinafter mentioned, is hereby authorized to construct, operate, and maintain a dam and incidental works in the main stream of the Colorade River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a capacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is hereby authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expenditures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam authorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable purposes outside of the Imperial and Coachella Valleys: Provided, however, That no charge shall be made for water or for the use, storage, or delivery of water for irrigation or water for potable purposes in the Imperial or Coachella Valleys; also to construct and equip, operate, and maintain at or near said dam, or cause to be constructed, a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged from said reservoir; and to acquire by proceedings in eminent domain, or otherwise, all lands, rights of way, and other property necessary for said purposes. (45 Stat. 1057.)

Textual note.-The Boulder Canyon project act is codified as Chapter 12A, under title 45. U. S. C. Section 1 appears as section 617. The only change in the text of section 1 is the omission of the word "That" at the beginning of the section.

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377

378

BOULDER CANYON PROJECT ACT

NOTES

Hoover Dam.-On September 17, 1930, the Secretary of the Interior officially designated the dam to be constructed under this act Hoover Dam.

Boulder (Hoover) Dam.-By order dated May 8, 1933, the Secretary of the Interior modified the order of September 17, 1930, so that the dam is to be known hereafter as Boulder Dam.

The United States Board on Geographical Names, February 1, 1936, listed the reservoir created by Boulder Dam as Lake Mead. (Letter of Secretary of February 6, 1936.)

Constitutionality of Boulder Canyon project act upheld.-In Arizona v. California et al., decided by the Supreme Court of the United States May 18, 1931, the Boulder Canyon project act authorizing the building of a dam by the United States across the Colorado River, an interstate and international stream, was held to be constitutional, the act reciting (sec. 1) that a purpose of the law was to improve navigation. The court took judicial notice that the river had been navigable south of Black Canyon. The statutes of Arizona (Arizona Laws, 1929, ch. 102, secs. 1-4) prohibited the erection of dams by the United States wholly or partly within the State, except after approval of plans by the Arizona State engineer. It was held that the United States may perform its functions without conforming to the police regulations of a State. The court stated that, since the act is found to be constitutional on other grounds, it is not necessary to decide whether the construction of the dam by the United States might have been supported under the power to irrigate public lands of the United States, to regulate and prevent floods on an interstate stream, to conserve and apportion the waters thereof among the States entitled thereto, or to fu fill international obligations. (Arizona v. California et al., 283 U. S. 423; 51 Sup. Ct. 522, 75 L. Ed. 1154.)

Arizona versus California et al.-The United States Supreme Court, in denying Arizona's petition to file a bill of complaint against California et al. for a judicial apportionment of the unappropriated waters of the Colorado River, held that any right Arizona had in the waters of the Colorado River was subordinate to and dependent upon the paramount right of the United States to control the stream for the purpose of improving navigation. An equitable division of the privilege of future appropriation could not be made, the Court held, without adjudication of the superior rights of the United States, and this could not be done unless the United States were a party to the proceedings. (Decision May 25, 1936.)

No authority for establishment of Federal reservation.-In Six Companies, Inc., v. DeVinney it was held that the plaintiff is not such a governmental instrumentality as exempts it and its property from liability for taxes under the revenue laws of the State of Nevada. The court held that the language of sections 2895-2898 of the Nevada Compiled Laws, 1929, authorizing a cession of exclusive jurisdiction to the United States for Federal purposes, did not intend that jurisdiction should be ceded except in cases where land was acquired for a site for a purpose of the Government mentioned in section 2895 of the act ("sites for customhouses, post offices, arsenals, or other public buildings whatever, or for any other purpose of the Government"); that there is no specific provision in the Boulder Canyon Project Act authorizing the Secretary of the Interior to establish any reservation, and if such authority may be inferred it would be limited to the area covered by the words "The title to said dam, reservoir, plant, and incidental works shall forever remain in the United States" (see section 6 of the Boulder Canyon Project Act), including any additional area necessary for administrative purposes. (Six Companies, Inc., v. F. C. DeVinney (D. C. Nev. Feb. 15, 1933), 2 Fed. Supp. 693.)

Gasoline trucks in Boulder Dam tunnels, Boulder Canyon project.-As a preliminary to the construction of the Boulder Dam it was necessary to bore tunnels under the canyon walls to by-pass the water of the Colorado River to permit work on the dam. The State inspector of mines, acting in pursuance of certain provisions of the Nevada law, which he considered applicable to the Boulder Dam work, had forbidden the use of gasoline trucks in the tunnels. which are fifty feet in diameter and capable of ventilation by fans, air shafts. pilot, and adit tunnels. The contractor brought a suit in the Nevada Federal Court against the State inspector of mines to enjoin his interference with the work. The case was heard by Norcross, district judge, and Wilbur and Saw.