328 LA PLATA RIVER COMPACT An act granting the consent and approval of Congress to the La Plata River compact. (Act of January 29, 1925, ch. 110, 43 Stat. 796) [Consent of Congress to Compact.]-The consent and approval of Congress is hereby given to the compact signed by the commissioners of the States of Colorado and New Mexico at the city of Santa Fe, on the 27th day of November 1922, and approved by the Legislature of the State of Colorado by an act entitled "An act to approve the La Plata River compact," April 13, 1923, and by the Legislature of the State of New Mexico by an act entitled "An act ratifying and approving the La Plata compact," approved February 7, 1923, which compact is as follows: "The State of Colorado and the State of New Mexico, desiring to provide for the equitable distribution of the waters of the La Plata River and to remove all causes of present and future controversy between them with respect thereto, and being moved by considerations of interstate comity, pursuant to Acts of their respective legislatures, have resolved to conclude a compact for these purposes and have named as their commissioners Delph E. Carpenter, for the State of Colorado, and Stephen B. Davis, Junior, for the State of New Mexico, who have agreed upon the following articles: "ARTICLE I "The State of Colorado, at its own expense, shall establish and maintain two permanent stream-gauging stations upon the La Plata River for the purpose of measuring and recording its flow, which shall be known as the Hesperus station and the interstate station, respectively. "The Hesperus station shall be located at some convenient place near the village of Hesperus, Colorado. Suitable devices for ascertaining and recording the volume of all diversions from the river above Hesperus station shall be established and maintained (without expense to the State of New Mexico), and whenever in this compact reference is made to the flow of the river at Hesperus station it shall be construed to include the amount of the concurrent diversions above said station. "The interstate station shall be located at some convenient place within one mile of and above or below the interstate line. Suitable devices for ascertaining and recording the volume of water diverted by the Enterprise and Pioneer Canals, now serving approximately equal areas in both States, shall be established and maintained (without expense to the State of New Mexico), and whenever in this compact reference is made to the flow of the river at the interstate station it shall be construed to include one-half the volume of the concurrent diversions by such canals, and also the volume of any other water which may hereafter be diverted from said river in Colorado for use in New Mexico. "Each of said stations shall be equipped with suitable devices for recording the flow of water in said river at all times between the 15th day of February and the LA PLATA RIVER COMPACT 329 1st day of December of each year. The State engineers of the signatory States shall make provision for cooperative gauging at two stations, for the details of the operation, exchange of records and data, and publication of the facts. "ARTICLE II "The waters of the La Plata River are hereby equitably apportioned between the signatory States, including the citizens thereof, as follows: "1. At all times between the 1st day of December and the 15th day of the succeeding February each State shall have the unrestricted right to the use of all water which may flow within its boundaries. "2. By reason of the usual annual rise and fall, the flow of said river between the 15th day of February and the 1st day of December of each year shall be apportioned between the States in the following manner: "(a) Each State shall have the unrestricted right to use all the waters within its boundaries on each day when the mean daily flow at the interstate station is one hundred cubic feet per second, or more. "(b) On all other days the State of Colorado shall deliver at the interstate station a quantity of water equivalent to one-half of the mean flow at the Hesperus station for the preceding day, but not to exceed one hundred cubic feet per second. "3. Whenever the flow of the river is so low that in the judgment of the State engineers of the States the greatest beneficial use of its waters may be secured by distributing all of its waters successively to the lands in each State in alternating periods, in lieu of delivery of water as provided in the second paragraph of this article, the use of the waters may be so rotated between the two States in such manner, for such periods, and to continue for such time as the State engineers may jointly determine. "4. The State of New Mexico shall not at any time be entitled to receive nor shall the State of Colorado be required to deliver any water not then necessary for beneficial use in the State of New Mexico. "5. A substantial delivery of water under the terms of this article shall be deemed a compliance with its provisions and minor and compensating irregularities in flow or delivery shall be disregarded. "ARTICLE III "The State engineers of the States, by agreements from time to time, may formulate rules and regulations for carrying out the provisions of this compact, which, when signed and promulgated by them, shall be binding until amended by agreement between them or until terminated by written notice from one to the other. "ARTICLE IV "Whenever any official of either State is designated to perform any duty under this contract, such designation shall be interpreted to include the State official or officials upon whom the duties now performed by such official may hereafter devolve. 267-067-72—vol. I -24 330 LA PLATA RIVER COMPACT "ARTICLE V "The physical and other conditions peculiar to the La Plata River and the territory drained and served thereby constitute the basis for this compact, and neither of the signatory States concedes the establishment of any general principle or precedent by the concluding of this compact. "ARTICLE VI "This compact may be modified or terminated at any time by mutual consent of the signatory States, and upon such termination all rights then established hereunder shall continue unimpaired. "ARTICLE VII "This compact shall become operative when approved by the legislature of each of the signatory States and by the Congress of the United States. Notice of approval by the legislatures shall be given by the governor of each State to the governor of the other State, and the President of the United States is requested to give notice to the governors of the signatory States of approval by the Congress of the United States. "In witness whereof, the commissioners have signed this compact in duplicate originals, one of which shall be deposited with the secretary of state of each of the signatory States. "Done at the city of Santa Fe, in the State of New Mexico, this twentyseventh day of November, in the year of our Lord one thousand nine hundred and twenty-two." (43 Stat. 796) "DELPH E. CARPENTER. EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 1656, Public Law 346 in the 68th Congress. H.R. Rept. No. 1076. 331 REFUNDS TO WORLD WAR I VETERANS An act to provide for refunds to veterans of the World War of certain amounts paid by them under Federal irrigation projects. (Act of February 21, 1925, ch. 277, 43 Stat. 956) [Sec. 1. Definitions.]-As used in this act-(a) The term "veteran" includes any individual a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918; but does not include (1) any individual at any time during such period or thereafter separated from such forces under other than honorable conditions, (2) any conscientious objector who performed no military duty whatever or refused to wear the uniform, or (3) any alien at any time during such period or thereafter discharged from the military or naval forces on account of his alienage; and (b) The term “reclamation law” means the act entitled "An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June 17, 1902, and all acts amendatory thereof or supplementary thereto. (43 Stat. 956) Sec. 2. [Veterans entitled to refund-Investigation and approval of applications for refunds and payment thereof.]—(a) Any veteran-who at any time since April 6, 1917, has made entry upon a farm unit within a Federal irrigation project under the reclamation law and (1) who no longer retains such entry because of cancellation by, or relinquishment to, the United States after or (2) who, prior to receipt by him of a final certificate in respect of such entry, but in no case more than one year after date of passage of this act, desires to relinquish such entry-may, in accordance with regulations prescribed by the Secretary of the Interior, file application for the refund provided in subdivision (b). A veteran who has been compensated, in cash or otherwise, for any such relinquishment shall not be entitled to the benefits of this act, and before payment of such refund the Secretary of the Interior, under such regulations as he may prescribe, shall require proof that the veteran has not been so compensated. (b) Upon receipt of such application the Secretary of the Interior is authorized to investigate the facts and, in his discretion, to pay as a refund to any such veteran entitled thereto a sum equal to all amounts paid to the United States by such veteran, or for his account, as construction charges and as interest and penalties on such charges in respect of such unit. Every such refund so approved by the Secretry of the Interior shall be paid from the appropriation for the project on which the entry in question was made. (43 Stat. 956) 1. Application NOTES OF OPINIONS The right of a veteran to refund under the act of February 21, 1925, of charges paid by him on a reclamation homestead entry which he relinquishes prior to receipt of final certificate and within one year after the passage of the act is not defeated by action of the Government in canceling the entry, for sufficient reasons, independently of the relinquishment. Fred E. Hargis, 51 L.D. 329 (1926). 332 REFUNDS TO WORLD WAR I VETERANS The act of February 21, 1925, is applicable only to public lands and does not authorize refund of charges paid on a waterright application for the irrigation of land in private ownership. Lawrence W. Crehore, 51 L.D. 345 (1926). The word "after" in the following clause of section 2, act of February 21, 1925"who no longer retains such entry because of cancellation by, or relinquishment to the United States after"-is meaningless, was inadvertently retained in the process of legislation, and should be ignored. Fred E. Hargis, 51 L.D. 329 (1926). Sec. 3. [Benefits accruing to estates of veterans-Relinquishment of rights on acceptance of refund.]—(a) The estate of a veteran shall be entitled to the benefits of this act in any case where the veteran, if living, could have availed himself of such benefits. Application for such benefits shall be made by, and payments thereof shall be made to, the executor or administrator of such estate. (b) A veteran (or his estate) accepting in respect of any farm unit the benefits of this act, shall be deemed thereby to have relinquished, in accordance with regulations prescribed by the Secretary of the Interior, all right, title, or interest of such veteran (or estate) in such farm unit and any improvements thereon. (43 Stat. 956) Sec. 4. [Cancellation of water rights.]—The Secretary of the Interior is authorized to cancel any application for permanent water right for any farm unit in respect of which a veteran (or his estate) has received the benefits of this act, and to terminate all rights and liabilities of such veteran (or estate) in respect of such application. (43 Stat. 957) Sec. 5. [Regulations by Secretary of Interior.]-The Secretary of the Interior is authorized to make such regulations as he deems necessary to execute the functions imposed upon him by this act. (43 Stat. 957) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 2397, Public Law 433 in the 68th Congress, H.R. Rept. No. 1299. |