DESERT-LAND ENTRIES IN RIVERSIDE COUNTY, CALIFORNIA [Desert-land entries not to be canceled prior to May 1, 1933—Annual assessments and final proof-Further extension.]-That no desert-land entry heretofore made in good faith under the public land laws for lands in townships 4 and 5 south, range 15 east; townships 4 and 5 south, range 16 east; townships 4, 5, and 6 south, range 17 east; townships 5, 6, and 7 south, range 18 east; townships 6 and 7 south, range 19 east; townships 6 and 7 south, range 20 east; townships 4, 5, 6, 7, and 8 south, range 21 east; townships 5, 6, and sections 3, 4, 5, 6, 7, 8, 18, and 19, township 7 south, range 22 east; township 5 south, range 23 east, San Bernardino meridian, in Riverside County, State of California, shall be canceled prior to May 1, 1933, because of failure on the part of the entrymen to make any annual or final proof falling due upon any such entry prior to said date. The requirements of law as to annual assessments and final proof shall become operative from said date as though no suspension had been made. If the said entrymen are unable to procure water to irrigate the said lands above described through no fault of theirs, after using due diligence, or the legal questions as to their right to divert or impound water for the irrigation of said lands are still pending and undetermined by said May 1, 1933, the Secretary of the Interior is hereby authorized to grant a further extension for an additional period of not exceeding five years. NOTE Regulations. See instructions of the General Land Office, approved by the Department, dated May 17, 1930. (53 I. D. 104.) ENGINEERING AND ECONOMIC INVESTIGATIONS IN PALO VERDE AND CIBOLA VALLEYS ON COLORADO RIVER An act to authorize the Secretary of the Interior to make engineering and economic investigations and studies of conditions in Palo Verde and Cibola Valleys and vicinity on the Colorado River, and for other purposes. (Act April 19, 1930, ch. 192, 46 Stat. 222) [Studies in California and Arizona for protection of lands from damage by overflow and seepage-Report.]-That the Secretary of the Interior is hereby authorized to make all necessary engineering and economic investigations and studies of conditions in the Palo Verde and Cibola Valleys and vicinity on the Colorado River in California and Arizona to determine how best to protect the lands in this vicinity from damage by overflow and seepage. Report shall be made and plans and estimates prepared showing cost of additional works necessary, together with a statement of the value of works already constructed which can be merged with and made a part of a completed system. 422 AMENDMENT OF SECTION 43 OF THE ADJUSTMENT ACT OF MAY 25, 1926 An act to amend section 43 of the act of May 25, 1926, entitled "An act to adjust waterright charges, to grant certain other relief on the Federal irrigation projects, and for other purposes." (Act April 23, 1930, ch. 205, 46 Stat. 249) [Suspension of construction charges against areas temporarily unproductive Payments made credited to construction charge-Credits-Delivery of water-Permanently unproductive lands.]-That section 43 of the act of May 25, 1926, entitled "An act to adjust water-right charges, to grant certain other relief on the Federal irrigation projects, and for other purposes" (Forty-fourth Statutes, page 636). be, and the same is hereby, amended to read as follows: "SEC. 43. The payment of all construction charges against said areas temporarily unproductive shall remain suspended until the Secretary of the Interior shall declare them to be possessed of sufficient productive power properly to be placed in a paying class, whereupon payment of construction charges against such areas shall be resumed or shall begin, as the case may be. Any payments made on such areas shall be credited to the unpaid balance of the construction charge on the productive area of each unit. Such credit shall be applied on and after the passage and approval of this act, which shall not be construed to require revision of accounts heretofore adjusted under the provisions of this section as originally enacted. While said lands so classified as temporarily unproductive and the construction charges against them are suspended, water for irrigation purposes may be furnished upon payment of the usual operation and maintenance charges, or such other charges as may be fixed by the Secretary of the Interior the advance payment of which may be required, in the discretion of the said Secretary. Should said lands temporarily classed as unproductive, or any of them, in the future be found by the Secretary of the Interior to be permanently unproductive, the charges against them shall be charged off as a permanent loss to the reclamation fund and they shall thereupon be treated in the same manner as other permanently unproductive lands as provided in this act except that no refund shall be made of the construction charges paid on such unproductive areas and applied as a credit on productive areas as herein authorized." Textual note. The substance of the above act is codified as section 423b, title 43, United States Code. Section 423b omits the first paragraph above, and the first words, down to "shall remain." read as follows: "The payment of all construction charges against said areas temporarily unproductive [as provided in sections 1 to 40, inclusive, of the act of Congress of May 25, 1926, 44 Stat. 636]," In the third sentence of section 423b, instead of the words "after the passage and approval of this act,' ," the words "after April 23, 1930." occur. In the third line from the bottom the words "this act" are changed to "sections 423 to 423g of this title." 424 AMENDMENT OF SECTION 43 OF THE ADJUSTMENT ACT NOTES Amendment. See act of June 23, 1932, amending the act of May 25, 1926 (44 Stat. 636), as amended by the act of April 23, 1930 (46 Stat. 249). No authority to defer supplemental construction charges.-In decision M-26425, dated March 17, 1931, approved by the First Assistant Secretary, the Solicitor for the Interior Department, in construing contract with the Huntley project irrigation district for repayment of construction charges, stated that there is no foundation for an interpretation of the act of April 23, 1930, which would authorize a deferment of the beginning of payment of supplemental construction charges for a term of years after the completion of the payment of primary construction charges. (53 I. D. 323.) SPECIAL PROVISIONS OF THE INTERIOR DEPARTMENT APPROPRIATION ACT FOR 1931 [Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1931, and for other purposes. (Act May 14, 1930, ch. 273, 46 Stat. 279) [Minidoka project-Reserved works-Gravity extension unit.]—Minidoka project, Idaho: For operation and maintenance, reserved works, $28,000; continuation of construction, gravity of extension unit, $1,100,000, together with the unexpended balance of the appropriation for this purpose for the fiscal year 1930. (46 Stat. 307.) NOTES * * Sleeping robes.-In decision A-33467, dated October 1, 1930, the Comptroller General held that the appropriation of $28,000 for reserved works in this item may be used for the purchase of sleeping robes for Government employees as a part of the camping equipment necessary to perform snow surveys, said equipment not to be assigned to any particular individual employees as personal property but to remain the property of the United States to be used by different employees. Intended use, without actual use, held to be no cause of action.-The plans of the Government in connection with the Gravity Extension [Gooding] Division of the Minidoka project include a canal with a capacity of 1,700 second-feet diverting impounded water back of Milner Dam, six-elevenths interest in which was owned by the Twin Falls Canal Co., and no part of which was owned by the United States. The ownership of the right of way for the diversion canal was in the United States, which also had a right to divert 1,700 second-feet for this division. American Falls Reservoir District No. 2, comprising the irrigable lands within the Gravity Extension Division, entered into a contract with the United States to pay the cost of the work to be done by the United States. The company brought an action for damages against the district in the Idaho Federal Court alleging that the defendant " proposes to and will use " the reservoir, but without an allegation of actual, present use. In an unpublished memorandum decision the court dismissed the complaint as prematurely brought, without, however, intimating whether such action would lie if brought after use of the reservoir by the defendant. (Twin Falls Canal Co. v. American Falls Reservoir District No. 2, Idaho Federal District Court No. 1521, March 17, 1930. Demurrer overruled November 29, 1930 (45 Fed. (2d) 649).) [Yakima project, Kennewick Highlands unit-Prosser Dam title, etc.Application of power revenues-Power-plant title to remain in United States.]-Yakima project (Kennewick Highlands unit), Washington: For construction, $640,000, to be immediately available: Provided, That no part of the funds hereby appropriated shall be expended for construction purposes until there shall have been conveyed to the United States title to the Prosser Dam and the right of way for the Prosser-Chandler Power Canal free of all prior liens and satisfactory to the Secretary of the Interior: Provided further, That all net revenues received from the disposition of power not required for pumping 88508-37-28 |