COLORADO RIVER PROJECT, TEXAS Coordination Act of 1946 to make nonreimbursable cost allocations to fish and wildlife purposes for projects "hereafter authorized to be constructed" are applicable only to those portions of the Central Valley project the construction of which began after August 14, 1946. Memorandum of Acting Solicitor Armstrong, November 15, 1954. 26. Navigation 587 If it has been decided not to allocate storage space in Shasta Reservoir to navigation, section 7 of the Flood Control Act of 1944 will not apply to navigation features. Letter of Secretary of the Army Pace to Secretary of the Interior, September 29, 1952. Sec. 3. ["Marshall Ford Dam," Colorado River project in Texas authorized— Construction authorized.]-That for the purpose of improving navigation, controlling floods, regulating the flow of streams, providing for storage and for delivery of stored waters, for the reclamation of lands, and other beneficial uses, and for the generation of electric energy as a means of financially aiding and assisting such undertaking, the project known as "Marshall Ford Dam," Colorado River project, in Texas, is hereby authorized and adopted and all contracts and agreements which have been executed in connection therewith are hereby validated and ratified, and the Secretary of the Interior, acting through such agents as he may designate, is hereby authorized to construct, operate, and maintain all structures and incidental works necessary to such project, and in connection therewith to make and enter into any and all necessary contracts including contracts amendatory of or supplemental to those hereby validated and ratified. (50 Stat. 850) EXPLANATORY NOTES Not Codified. Extracts of this Act shown here are not codified in the U.S. Code. Supplementary Provision: Reimbursement Required. A provision in the Act of May 10, 1939, 53 Stat. 719, directs the Secretary of the Interior to require reimbursement of construction costs of Marshall Ford Dam. The provision appears herein in chronological order. Legislative History. H.R. 7051, Public Law 392 in the 75th Congress. H.R. Rept. No. 885. S. Rept. No. 916. H.R. Rept. No. 1488 (conference report). 586 CENTRAL VALLEY PROJECT by the operation of Friant Dam, is not a case involving a general adjudication of "all of the rights of various owners on a given stream" (S. Rept. No. 755, 82d Cong., 1st Sess. 9 (1951)) within the meaning of the McCarran amendment (§ 208, Act of July 10, 1952, 66 Stat. 560, 43 U.S.C. § 666) but rather is a private suit to determine water rights solely between the claimants and the United States and the local Bureau of Reclamation officials. Consequently, the consent of the United States to the suit has not been given under the McCarran amendment, and the suit must be dismissed as to the United States. Dugan v. Rank, 372 U.S. 609, 617-19 (1963). Section 8 of the Reclamation Act does not mean that state law may operate to prevent the United States from exercising the power of eminent domain to acquire the water rights of others. Rather, the effect of section 8 in such a case is to leave to state law the definition of the property interests, if any, for which compensation must be made. City of Fresno v. California, 372 U.S. 627, 630 (1963). Conditions imposed by the California State Water Rights Board purporting to specify either requirements or a time period to which the United States must adhere are not binding on the United States, but will, however, be regarded as recommendations to be considered in the development of Federal water service contracts. Memorandum of Associate Solicitor Weinberg, November 27, 1962, in re water service contract with Fresno Irrigation District. Even though navigation is mentioned as one of the purposes of the Central Valley Project, Congress realistically elected to treat Friant Dam not as a navigation project but as a reclamation project, with reimbursement to be provided for the taking of water rights recognized under State law, in accordance with section 8 of the Reclamation Act, and this election is confirmed by administrative practice. Accordingly, the judgment of the Court of Claims will be upheld granting compensation to the owners of so-called "uncontrolled grass lands" along the San Joaquin River which depend for water upon seasonal inundations resulting from overflows of the river. United States v. Gerlach Live Stock Co., 339 U.S. 725 (1950). 15. Excess lands-Generally Repeated action by the Congress since the inception of the Central Valley Project constitutes ratification of the administrative construction that the excess land laws apply to the project and confirmation and approval of the contracts executed by the Secretary thereunder. Ivanhoe Irr. Dist. v. McCracken, 357 U.S. 275, 292–3 (1958). 16. Recordable contracts Inasmuch as section 46 of the Omnibus Adjustment Act of 1926 provides only that recordable contracts for the sale of excess lands be "under terms and conditions satisfactory to the Secretary of the Interior," and prescribes no time period within which such sales must be consummated, a ten-year period, if found to be appropriate, is legally permissible. Memorandum of Regional Solicitor Graham, August 1, 1945, reprinted in Central Valley Project Documents, Part 2, H.R. Doc. No. 246, 85th Cong., 1st Sess. 642 (1957). 20. Power-Generally The construction of a steam generating plant to firm up hydroelectric power is included as a part of the Central Valley project which was re-authorized by section 2 of the Act of August 26, 1937, 50 Stat. 850; and there is no constitutional obstacle to the construction of such a plant. Memorandum of Chief Counsel Fix to the Commissioner, May 12, 1949; reprinted in Hearings on H.R. 3838, the Interior Department Appropriation Bill, 1950, Before a Subcommittee of the Senate Committee on Appropriations, 81st Cong., 1st Sess. 2529-39 (1949). 21.-Rates In view of the Secretary's authority under section 2 of the Act of August 26, 1937, 50 Stat. 850, to acquire property for the Central Valley project by any means he deems necessary, including donation, and the broad authority of section 9(c) of the Reclamation Project Act of 1939 to fix rates, the Secretary may grant rate discounts to power customers that reflect the amortization of construction costs of transmission facilities built by the customer and conveyed to the Government or that reflect the operation and maintenance costs of facilities built and retained by the customer. Dec. Comp. Gen. B-62789 (letter of Assistant Comptroller General Weitzel to Chairman John E. Moss, Special Subcommittee on Assigned Power and Land Problems, House Committee on Government Operations, June 28, 1960). 25. Fish and wildlife The successive "re-authorizations" of the Central Valley project in 1949, 1950 and 1954, were intended, as a drafting technique, to add certain developments, features, or purposes to the then existing project but not, in effect, to post-date the authorizations for construction theretofore conferred. Consequently, the authority in section 2 of the COLORADO RIVER PROJECT, TEXAS Coordination Act of 1946 to make nonreimbursable cost allocations to fish and wildlife purposes for projects "hereafter authorized to be constructed" are applicable only to those portions of the Central Valley project the construction of which began after August 14, 1946. Memorandum of Acting Solicitor Armstrong, November 15, 1954. 26. Navigation 587 If it has been decided not to allocate storage space in Shasta Reservoir to navigation, section 7 of the Flood Control Act of 1944 will not apply to navigation features. Letter of Secretary of the Army Pace to Secretary of the Interior, September 29, 1952. Sec. 3. ["Marshall Ford Dam," Colorado River project in Texas authorized— Construction authorized.]—That for the purpose of improving navigation, controlling floods, regulating the flow of streams, providing for storage and for delivery of stored waters, for the reclamation of lands, and other beneficial uses, and for the generation of electric energy as a means of financially aiding and assisting such undertaking, the project known as "Marshall Ford Dam," Colorado River project, in Texas, is hereby authorized and adopted and all contracts and agreements which have been executed in connection therewith are hereby validated and ratified, and the Secretary of the Interior, acting through such agents as he may designate, is hereby authorized to construct, operate, and maintain all structures and incidental works necessary to such project, and in connection therewith to make and enter into any and all necessary contracts including contracts amendatory of or supplemental to those hereby validated and ratified. (50 Stat. 850) EXPLANATORY NOTES Not Codified. Extracts of this Act shown here are not codified in the U.S. Code. Supplementary Provision: Reimbursement Required. A provision in the Act of May 10, 1939, 53 Stat. 719, directs the Secretary of the Interior to require reimbursement of construction costs of Marshall Ford Dam. The provision appears herein in chronological order. Legislative History. H.R. 7051, Public Law 392 in the 75th Congress. H.R. Rept. No. 885. S. Rept. No. 916. H.R. Rept. No. 1488 (conference report). 588 RELINQUISHMENT OF LANDS ON BLACKFEET INDIAN RESERVATION An act to authorize the Secretary of the Interior to relinquish in favor of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, the interest in certain land acquired by the United States under the Federal Reclamation Laws. (Act of August 28, 1937, ch. 868, 50 Stat. 864) [Sec. 1. Authorizing relinquishment to Indians upon repayment to Reclamation Fund-Necessary easements and rights reserved.]-The Secretary of the Interior is hereby authorized to relinquish in favor of the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, the interest acquired by the United States for Federal reclamation purposes in the lands within the exterior boundaries of the present Blackfeet Indian Reservation, that were acquired for Federal reclamation purposes and are determined in the opinion of said Secretary not to be needed for such purposes. Such relinquishment shall be conditioned upon the repayment into the reclamation fund of a sum equal to the amount taken therefrom for the purchase of the lands so relinquished, including the amounts paid for the benefit of allottees where the land acquired for Federal reclamation purposes was allotted land. Upon such relinquishment and payment being made, the title to said lands shall be and remain in the United States in trust for the Indians of the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana: Provided, That in making such relinquishments the Secretary may reserve for Federal reclamation purposes such easements and rights as in his opinon may be required for present or future developments under the Federal reclamation laws, and the amount payable into the reclamation fund on account of such relinquishment shall be reduced by the value of the easements and rights so retained for Federal reclamation purposes, such value to be conclusively ascertained by said Secretary: Provided further, That no relinquishments herein authorized shall be effective unless approved in writing by the Blackfeet Tribal Council. (50 Stat. 864) Sec. 2. [Expenditures by the Secretary authorized.]-The Secretary of the Interior is hereby authorized to expend from any moneys on deposit in the Treasury of the United States to the credit of the Blackfeet Indians not to exceed $30,000 for the purpose of carrying out the purposes of this Act. (50 Stat. 864) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Legislative History. S. 2774, Public Law 397 in the 75th Congress. S. Rept. No. 950. H.R. Rept. No. 1544. 589 WAPATO INDIAN IRRIGATION PROJECT An act amending acts fixing the rate of payment of irrigation construction costs on the Wapato Indian irrigation project, Yakima, Washington, and for other purposes. (Act of February 24, 1938, ch. 33, 52 Stat. 80) [Sec. 1. Assessment rate amended.]—So much of the Act approved February 14, 1920 (41 Stat. 431), as amended by the Act approved May 25, 1922 (42 Stat. L. 595 and 596), as fixes the annual rate of payment of irrigation construction costs or assessments on the Wapato Indian irrigation project on the Yakima Reservation in the State of Washington is hereby amended so as to fix the peracre per-annum assessment rate at $1.25 against those lands classed as A or B which are subject to construction assessments pursuant to existing law. Such rate is to take effect immediately upon approval of this Act and shall continue until the total cost assessable under existing law against such of the A and B lands shall have been repaid. (52 Stat. 80) Sec. 2. [Annual repayment schedule modified.]—The Secretary of the Interior is hereby authorized and directed to modify the annual repayment schedule set forth in the memorandum agreement of March 9, 1921, approved March 31, 1921, as amended, wherein provision is made among other things for payment of the actual cost of the two hundred and fifty thousand acre feet of water for certain of the lands under the Wapato Indian irrigation project so as to extend payment of the balance of the cost of such water over a twenty-four year period commencing with the payment due December 31, 1937. (52 Stat. 80) EXPLANATORY NOTES Not Codified. This Act is not codified in the U.S. Code. Background. The Wapato Indian Irrigation project, Yakima, Washington, is one of seven divisions of the Yakima project. The Wapato project (or division) is operated by the Bureau of Indian Affairs, but receives its water supply from the Yakima project. References in the Text. That portion of the Act approved February 14, 1920 (41 Stat. 431), as amended by the Act approved May 25, 1922, (42 Stat. L. 595 and 596), referred to in the text, authorizes the Secretary of the Interior to collect $2.50 per acre from non-Indian landowners on or before December 31 of each calendar year for each acre of land to which water for irriga tion purposes is delivered under the Wapato irrigation and drainage system. Such sums, and any collected from Indian allottees, shall be available for expenditure under the direction of the Secretary for continuing construction on said system. Cross Reference: Appropriation for Additional Water, Wapato Project. The Act of July 1, 1940, 54 Stat. 707, authorizes an appropriation of $800,000 to be credited to the reclamation fund for payment of the cost of providing additional water for the Wapato Indian irrigation project. The 1940 Act appears herein in chronological order. Legislative History. S. 558, Public Law 433 in the 75th Congress. S. Rept. No. 949. H.R. Rept. No. 1501. |