392 RED BLUFF FEDERAL IRRIGATION PROJECT An act to provide for the storage of the waters of the Pecos River. (Act of June 18, 1926, ch. 622, 44 Stat, 753) [Sec. 1. Secretary authorized to construct Red Bluff project, Pecos River— Area of project limited.]—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 contracts to pay United States costs incurred.]—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.]-The total cost to 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.]—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, 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 therefrom for irrigation, shall be merged with and made a part of the construction cost. If the estimate for any one year shall be RED BLUFF FEDERAL IRRIGATION PROJECT 393 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.]—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.]-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) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Agreement of Texas. The State of Texas agreed to the provisions of section 7 by the Act of its legislature, approved February 12, 1927 (Texas Session Laws 1926-1927, page 25). Construction. No construction was undertaken pursuant to this statute. The Red Bluff Water Power Control District of Texas, comprising seven irrigation districts, constructed the Red Bluff dam, reservoir and power plant with a Public Works Administration grant and loan. The project was completed in 1936. Legislative History. H.R. 3862, Public Law 404 in the 69th Congress. H.R. Rept. No. 313. S. Rept. No. 411. 267-067-72—vol. I—28 394 CANCELLATION OF CHARGES AGAINST PAIUTE INDIAN LANDS, NEWLANDS PROJECT An act to authorize the cancellation and remittance of construction assessments against allotted Paiute Indian lands irrigated under the Newlands reclamation project in the State of Nevada and to reimburse the Truckee-Carson irrigation district for certain expenditures for the operation and maintenance of drains for said lands. (Act of June 26, 1926, ch. 694, 44 Stat. 771) [Reimbursement of Truckee-Carson Irrigation District-Cancellation and remittance of construction assessments against Paiute Indian lands.]—There is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated the sum of $611.55, or so much thereof as may be necessary, to reimburse the Truckee-Carson Irrigation District, State of Nevada, for necessary expenditures incurred and to be incurred by said district during the years 1924 and 1925, in operating and maintaining irrigation drains for lands under water-right application, located within the limits of the Paiute Indian Reservation in said State. The money herein authorized to be appropriated shall be reimbursed to the Treasury of the United States under such rules and regulations promulgated by the Secretary of the Interior in accordance with provisions of the law applicable to the Indian lands benefited: Provided, That all charges assessed, or to be assessed for the construction of irrigation works, against approximately seven and a quarter sections of Paiute Indian lands situated in township 19 north, range 30 east, Mount Diablo meridian, Nevada, that are within the Newlands reclamation project, be and the same are hereby, remitted and canceled and said lands are hereby recognized and declared to have a water right without cost to the Indians: Provided further, That such lands shall be subject to their proportionate share of the annual operation and maintenance charges. (44 Stat. 771) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Cross Reference, Expenses of Paiute Indian Lands Drainage System. The Act of February 14, 1923, 42 Stat. 1246, authorized an appropriation to be made in annual installments for the purpose of meeting the proportionate expenses of providing a drain age system for Paiute Indian lands within the Newlands project. The appropriation authorization was increased by the Act of June 7, 1924, 43 Stat. 595. The 1923 Act appears herein in chronological order. Legislative History. S. 7, Public Law 431 in the 69th Congress. S. Rept. No. 360. H.R. Rept. No. 1323. 395 CREDITS FOR CHARGES ON YUMA AND YUMA AUXILIARY PROJECTS An act to authorize credit upon the construction charges of certain water-right applicants and purchasers on the Yuma and Yuma Mesa auxiliary reclamation projects, and for other purposes. (Act of June 28, 1926, ch. 702, 44 Stat. 776) [Credits on construction charges and on operation and maintenance charges Yuma Indian Reservation.]-The Secretary of the Interior be, and he is hereby, authorized and directed to credit the individual water-right applicants on the Yuma reclamation project and the purchasers of water rights on the Yuma Mesa auxiliary project, on the construction charges due under their contracts with the United States under the reclamation act and acts amendatory thereof and supplementary thereto, with their proportionate part of all payments heretofore made or hereinafter to be made by the Imperial irrigation district of California under contract entered into under date of October 23, 1918, between the said district and the Secretary of the Interior: Provided, That lands in the Yuma Indian Reservation for which water rights have been purchased shall share pro rata in the credits so to be applied: Provided further, That where construction charges are paid in full said payments shall be credited on operation and maintenance charges assessed against the lands to which said payments would otherwise apply. (44 Stat. 776; Act of February 26, 1929, 45 Stat. 1321) 396 EXAMINATION OF SWAMP AND OVERFLOW LANDS IN MISSISSIPPI An act to provide for an examination and report on the condition and possible development and reclamation of the swamp lands on the Yazoo, Tallahatchie, and Coldwater Rivers in Mississippi. (Act of July 3, 1926, ch. 796, 44 Stat. 901) [Sec. 1. Investigation of swamp lands on Yazoo River and tributariesDetermination of cost of reclamation.]-The Secretary of the Interior be, and he is hereby, authorized and directed to have an examination and investigation made of the swamp and overflow lands on the Yazoo, Tallahatchie, and Coldwater Rivers in the State of Mississippi, with a view to determining the area, location, and general character of the swamp and overflow lands in the valley of the Yazoo River and its said tributaries, which can be developed and reclaimed at a reasonable cost, and the character, extent, and cost of a reclamation and development system of the swamp and overflow lands along the Yazoo River and its said tributaries. (44 Stat. 901) Sec. 2. [Report to Congress with recommendation as to feasibility, etc.]— The said Secretary shall report to Congress as soon as practicable the results of his examination and investigation, together with a recommendation as to the feasibility, necessity, and advisability of the undertaking, and of the participation by the United States in a plan of reclamation in connection with the development of the swamp and overflow lands in the valley of the said Yazoo River and its tributaries. (44 Stat. 901) Sec. 3. [Report to contain estimated cost of plan.]-The said Secretary shall report in detail as to the character and estimated cost of the plan or plans on which he may report. (44 Stat. 902) Sec. 4. [Report as to extent to which United States should contribute to cost of plan proposed-Drainage districts' proportion of cost-Extent United States should control or supervise plan proposed.]-The said Secretary shall also report as to the extent, if any, to which, in his opinion, the United States should contribute to the cost of carrying out the plan or plans which he may propose; the approximate proportion of the total cost which should be borne by the various drainage districts or other public agencies now organized or which may be organized; the manner in which their contribution should be made; to what extent and in what manner the United States should control, operate, or supervise the carrying out of the plan proposed, and what assurances he has been able to secure as to the approval of, participation in, and contribution to, the plan or plans proposed by the various contributing agencies. (44 Stat. 902) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Report to Congress. The report on the Yazoo River of Mississippi was submitted to the Congress on February 25, 1927, and printed as House Document 765, Part 2, 69th Congress. Cross References, Other Swamp Lands Examination Authorities. The Sundry Civil Appropriation Act of 1919, approved July |