476

REHABILITATION OF BITTER ROOT PROJECT

the contract with the district that no expenditures would be made by the United

States until settlement has been made with the creditors of the district.

Sec. 3. [Funds advanced to be repaid in not more than 40 years.-Contracts by irrigation district for repayment.]-All funds so used or advanced shall be repaid to the United States within a period, to be fixed by the Secretary of not more than forty years, with interest at the rate of 4 per centum per annum on the funds so used or advanced from the date of such use or advancement until repaid. Before any funds are so used or advanced a contract or contracts satisfactory to the Secretary shall be executed by an irrigation district, formed under State law, obligating such district to repay the funds so used or advanced as required by this act. Any contract so executed with such district shall require a lien on the land and on the irrigation systems of such project. The operation and maintenance of such project shall be continued by the authorities in charge under the supervision of the Secretary, so far as necessary to effectuate the purposes of this act. (46 Stat. 852)

Sec. 4. [Penalty in case of default in payment-Enforcement of contract-Control of project-Delivery of water withheld.]-In case of default in the payment when due of any interest or other charges under any contract executed as herein provided there shall be added to the amount unpaid a penalty of one-half of 1 per centum of the amount unpaid on the 1st day of each month thereafter so long as such default shall continue, such penalties being in addition to the interest provided in section 3. The provisions of any contract executed hereunder may be enforced by suit or by the foreclosure of any lien in the manner authorized by the State laws applicable in similar cases. In addition to other remedies the Secretary, in any contract executed hereunder, may provide that in case of default for more than twelve months in the payment of any installment, the control, operation, and maintenance of the project may, in the discretion of the Secretary, be assumed by the United States and the delivery of water withheld until payments are duly made in accordance with the contract requirements. (46 Stat. 852) Sec. 5. [Examination and investigation of project-Report of finding to Congress.]— No funds shall be appropriated for the purposes herein authorized until investigation and examination shall have been made of all pertinent conditions surrounding such project and until the Secretary has made a report of his finding in writing to Congress that in his opinion by the action proposed the project can and will be placed upon a sound basis from a financial and economic standpoint so that the funds so used and advanced will be returned to the United States. (46 Stat. 853)

Sec. 6. [Powers of Secretary.]-The Secretary is authorized to perform any and all acts to make and enforce all needful rules and regulations for effectuating the purposes of this act. (46 Stat. 853)

EXPLANATORY NOTE

Legislative History. H.R. 9990, Public Law 506 in the 71st Congress. H.R. Rept.

No. 1086. S. Rept. No. 1034.

477

SECOND DEFICIENCY APPROPRIATION ACT, 1930

[Extracts from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1930, and prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1930, and June 30, 1931, and for other purposes. (Act of July 3, 1930, ch. 846, 46 Stat. 860)

BUREAU OF RECLAMATION

[Boulder Canyon project.]-Boulder Canyon project: For the commencement of construction of a dam and incidental works in the main stream of the Colorado River at Black Canyon, to create a storage reservoir, and of a complete plant and incidental structures suitable for the fullest economic development of electrical energy from the water discharged from such reservoir; to acquire by proceedings in eminent domain, or otherwise, all lands, rights of way and other property necessary for such purposes; and for incidental operations; as authorized by the Boulder Canyon Project Act, approved December 21, 1928 (U.S.C., supp. III, title 33, ch. 15A); $10,660,000 to remain available until advanced to the Colorado River Dam fund, * (46 Stat. 877)

EXPLANATORY NOTE

Provision Repeated. The same language, except for the name of the dam itself, is contained in most of the succeeding acts ap

propriating funds for the Boulder Canyon project through the Act of October 12, 1949, 63 Stat. 782.

Sec. 5. [Short title.]-This Act may be cited as the "Second Deficiency Act, fiscal year 1930." (46 Stat. 918)

EXPLANATORY NOTES

Not Codified. Extracts of this Act shown here are not codified in the U.S. Code.

Reference in the Text. The Boulder Canyon Project is now codified in Title 43, U.S.C., Chapter 12A.

Legislative History. H.R. 12902, Public Law No. 519 in the 71st Congress. House Report 1876; Senate Report 1078 (pts. 1 and 2); House Reports 2050 and 2066 (conference reports).

478

ADJUSTMENT OF CHARGES, MILK RIVER PROJECT

An act to amend 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." (Act of July 3, 1930, ch. 857, 46 Stat. 1010)

[Sec. 1. Deduction from total cost of construction cost against permanently unproductive land-Suspension of payments against temporarily unproductive and other lands-Contracts to be executed.]—The act of May 25, 1926 (Fortyfourth Statutes at Large, page 636) is hereby amended by adding after section 20 of said act sections 20-A and 20-B, as follows:

"SEC. 20-A. There shall be deducted from the total cost chargeable to the Chinook division of this project the following sum:

"(1) Twenty-one thousand six hundred and eighty-four dollars and fifty-eight cents, or such amount as represents the construction cost as found by the Secretary of the Interior against the following lands:

"(a) One thousand seven hundred and seventy and seventeen one-hundredths acres permanently unproductive because of nonagricultural character.

"SEC. 20-B. All payments upon construction charges shall be suspended against the following lands in the Chinook division:

"(a) Twelve thousand six hundred and seventeeen and sixty-four onehundredths acres temporarily unproductive because of heavy soil and seepage; (b) eleven thousand three hundred and seven acres for which no canal system has been constructed, all as shown by the land classification of the Chinook division made under the direction of the Secretary of the Interior and approved by him under date of January, 1930. The Secretary of the Interior, as a condition precedent to the allowance of the benefits offered under sections 20-A and 20-B, shall require each irrigation district within the Chinook division to execute a contract providing for repayment of the construction charges as hereby adjusted within forty years and upon a schedule satisfactory to said Secretary; and no water from the Saint Mary River watershed shall be furnished for the irrigation of lands within any district after the irrigation season of 1930 until the required contract has been duly executed." (46 Stat. 1010)

Sec. 2. [Contracts to be uniform.]-All contracts with the Government touching the project shall be uniform as to time of payment and charge for the construction of the Saint Mary diversion. (46 Stat. 1011)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of May 25, 1926.

Legislative History. H.R. 8296, Public Law 530 in the 71st Congress. H.R. Rept. No. 119. S. Rept. No. 405 and S. Rept. No. 588.

479

AMENDED CONTRACT, UNCOMPAHGRE PROJECT

An act for the relief of the Uncompahgre reclamation project, Colorado. (Act of January 31, 1931, ch. 93, 46 Stat. 1974)

[Sec. 1. Amendatory contract authorized on certain conditions-O. and M. charges, construction charge made part of supplemental construction charge-Drainage system-Payment of project supplemental charge-Stock assessment.]—If the Uncompahgre Valley Water Users' Association shall, under the contract of April 8, 1927, between the United States and the association, on or before January 1, 1932, take over the operation, maintenance, and control of the entire Uncompahgre reclamation project, Colorado, the Secretary of the association which shall provide as follows:

Interior is hereby authorized to enter into an amendatory contract with the said First. All construction and operation and maintenance charges (exclusive of any operation and maintenance charges required to be paid by the association for the operation and maintenance of the project for the calendar year 1930) that were or shall be due and unpaid under said contract of 1927 on December 31, 1930, including the then unpaid deferred charges under articles 17 (b) and (d) of said contract (without interest and penalties on such deferred accounts) and the construction charge that becomes due on December 1, 1931, under said contract, may be included in and made payable as part of the project supplemental construction charge hereinafter mentioned. Interest and penalties heretofore paid on deferred charges under articles 17 (b) and (d) shall be remitted and credited against the association's obligation for supplemental

construction.

Second. During each of the years 1932 to 1937, both inclusive, the association shall have the right to expend for the construction of a drainage system such portion of the construction charge payable to the United States under said contract of 1927, as said association may consider necessary and as may be provided for by plans prepared by the association and approved by or on behalf of the Secretary of the Interior, the moneys so expended to be secured from construction charge assessments to be made to meet the regular construction charge installments that become due and payable under the said contract of 1927 on December 1 of the years 1931 to 1936 inclusive. The amounts so expended by the association for drainage each calendar year from December 1 to November 30, for six years, beginning with December 1, 1931, shall be credited to the annual construction charge that becomes due annually on December 1 of each year during the period of 1932 to 1937, both inclusive, the payment of the construction charges for which it is so substituted being in each case postponed to be paid later as a part of the supplemental construction charges authorized in item 3 hereof. Should the amounts so expended and credited annually be less than the annual construction charge for the years 1932 to 1937, both inclusive, the balance of each year's charge shall be payable to the United States in accordance with the contract of 1927.

480

AMENDED CONTRACT, UNCOMPAHGRE PROJECT

Third. The amount so expended and credited, the amounts postponed under the provisions of item 1 hereof, and any amounts of primary construction charges applicable to productive lands that shall not have become due and payable by the association under the contract of 1927, on or before December 1, 1961, shall be considered and defined as the project supplemental construction charge and shall be made payable by the association in annual installments of $85,000, the first installment of such supplemental construction charges to be payable on December 1, 1962, and a like installment on December 1 of each subsequent year until the total of the supplemental construction charge indebtedness is reduced to $85,000 or less, which remaining amount shall then be made payable as the last installment on December 1 of the calendar year next following the year in which the indebtedness is so reduced; and

Fourth. No stock assessment levied by the association to raise payments due the Government on construction need be increased more than 15 per centum of the normal yearly per irrigable acre construction installment as provided in section 17 of the contract of April 8, 1927, to meet deficits or estimated deficits due to the failure of some of the association's stockholders to pay their assessments when due, any resulting delinquencies as established after foreclosure of maximum assessment liens in meeting installments of charges due the United States from the association to be paid as a part of the supplemental construction charge authorized in item (3) hereof. (46 Stat. 1974)

Sec. 2. [Contract to terminate unless certain course is taken.]—It shall be provided as a condition subsequent that said contract shall terminate and be annulled unless (1) the General Assembly of the State of Colorado at its twentyeighth session enacts legislation, which becomes effective (a) authorizing a water user's association to be incorporated for a term of at least seventy-five years, and (b) amending chapter 76 of Colorado Session Laws, 1929, so as to permit the decree in proceedings to confirm a contract between such association and the United States to constitute as against parties defendant, including owners, lienors, and mortgagees of land in the district, an amendment of existing waterright contracts with individual landowners in the district, so far as the contract confirmed is inconsistent with such individual contracts; (2) the Uncompahgre Valley Water Users' Association thereupon extends its term of incorporation for at least seventy-five years from the date of such amendment of its articles; and (3) the association secures promptly a confirmatory decree, confirming such proposed contract with the United States under said amendment of chapter 76 of the Session Laws of Colorado, 1929. (46 Stat. 1974)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

1932 Amendment. Section 3 of the Act of April 1, 1932, 47 Stat. 75, 76, amended the Act to extend for one year from and after January 1, 1932, the time for beginning construction of the drainage system upon the Uncompahgre project, and provided that any and all construction charges accruing upon or for said project for or during the

year 1932, were to be deferred and included in and made payable as a part of the project supplemental construction charge provided for in this act. The provisions of section 3 of the 1932 Act were extended and modified by the Acts of March 3, 1933, 47 Stat. 1427; March 27, 1934, 48 Stat. 500; June 13, 1935, 49 Stat. 337; and April 14, 1936, 49 Stat. 1206. Each of these Acts appears herein in chronological order.